Planning Act (Northern Ireland) 2011

Application of Act in special cases N.I.

Minerals N.I.

230—(1) This Act shall apply to development consisting of the winning and working of minerals subject to the adaptations and modifications specified in subsection (2).

(2) For the purposes of this Act “use” in relation to the development of land does not include the use of land by the carrying out of mining operations, so, however, that—

(a) section 23(5) shall apply in relation to the deposit of refuse or waste materials in the course of mining operations; and

(b) in the following provisions—

(i) section 24;

(ii) section 52(1)(b);

(iii) section 68(3);

(iv) section 73 or section 76;

(v) sections 133, 140(4), 145, 149 and 152;

(vi) section 168, 169 or 170,

references to the use of land or the purpose for which land may be used shall include the carrying out of mining operations and references to the continuance or discontinuance of a use of land shall include the continuance or discontinuance of mining operations.

Modifications etc. (not altering text)

C1 Ss. 228-235: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))

Commencement Information

I1 S. 230 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2 S. 230 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)