- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/11/1994)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/01/1997
Point in time view as at 01/11/1994.
There are currently no known outstanding effects for the Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997), Cross Heading: Minerals.
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(1)In relation to development consisting of the winning and working of minerals [F1or involving the depositing of mineral waste], the provisions of this Act specified in Parts I and II of Schedule 19 to this Act shall have effect subject to such adaptations and modifications as may be prescribed by regulations made under this Act with the consent of the Treasury.
[F2(1A)In this Act—
F3. . .
“mineral-working deposit” means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land.]
(2)Regulations made for the purposes of this section shall be of no effect unless they are approved by resolution of each House of Parliament.
(3)Any regulations made by virtue of subsection (1) of this section shall not apply—
(a)to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works thereon which are occupied or used for those purposes; or
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)to the winning and working of peat by any person for the domestic requirements of that person;
and nothing in subsection (1) of this section or in this subsection shall be construed as affecting the prerogative right of Her Majesty to any gold or silver mine.
Textual Amendments
F1Words in s. 251(1) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8 para. 9 (with s. 84(5)); S.I. 1992/71, art. 2
F3Definition in s. 251(1A) omitted (24.1.1992) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 51, 84(6), Sch. 8 para. 13, Sch. 19 Pt. IV (with s. 84(5)); S.I. 1992/71, art. 2
F4S. 251(3)(b) repealed (1.11.1994) by 1994 c. 21, s. 67, Sch. 9 para. 13(3), Sch. 11 Pt. III (with ss. 40(7), 66); S.I. 1994/2552, art. 3, Sch. 2 app.
(1)Every planning authority shall undertake periodic reviews about the winning and working of minerals, and the depositing of mineral waste, in their area.
(2)Subject to regulations made by virtue of subsection (4) of this section, the duty under this section is, at such intervals as they think fit—
(a)to review every mining site in their area; and
(b)to consider whether they should make an order under section 42, 49, 49A or 49B of this Act, and if they do consider that they should make any such order, to make it.
(3)For the purposes of subsection (2) “a mining site” means a site which—
(a)is being used for the winning and working of minerals or the depositing of mineral waste;
(b)has been so used at any time during—
(i)the period of five years preceding the date of the beginning of the review; or
(ii)such other period preceding that date as may be prescribed; or
(c)is authorised to be so used.
(4)If regulations so require, the reviews shall be undertaken at prescribed intervals and shall cover such matters as may be prescribed.]
Textual Amendments
F5S. 251A substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8 para. 14, (with s. 84(5)); S.I. 1992/71, art. 2
Textual Amendments
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