Environment Act 1995

Interpretation

2 (1) For the purposes of this Schedule—

• “first review date”, in relation to a mining site, shall, subject to paragraph 5 below, be ascertained in accordance with paragraph 3 below;

• “mineral permission” means any planning permission, other than a planning permission granted by a development order, for minerals development;

• “mineral planning authority”—

  (a)

  as respects England and Wales, means a mineral planning authority within the meaning of the 1990 Act, and

  (b)

  as respects Scotland, means a planning authority for the purposes of the 1972 Act;

• “mining site” means—

  (a)

  in a case where it appears to the mineral planning authority to be expedient to treat as a single site the aggregate of the land to which any two or more mineral permissions relate, the aggregate of the land to which those permissions relate; and

  (b)

  in any other case, the land to which a mineral permission relates;

• “old mining permission” has the meaning given—

  (a)

  as respects England and Wales, by section 22(1) of the 1991 Act, and

  (b)

  as respects Scotland, by section 49H(1) of the 1972 Act; and

• “owner”, in relation to any land—

  (a)

  as respects England and Wales, means any person who—

  (b)

  is the estate owner in respect of the fee simple, or

  (ii)

  is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remains unexpired; and

  (d)

  as respects Scotland, has the meaning given by paragraph 10(1) of Schedule 10A to the 1972 Act.

(2) In determining whether it appears to them to be expedient to treat as a single site the aggregate of the land to which two or more mineral permissions relate a mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.

(3) Any reference (however expressed) in this Schedule to a mining site being a site to which relates—

(a) an old mining permission; or

(b) a mineral permission,

is a reference to the mining site, or some part of it, being the land to which the permission relates.

(4) For the purposes of this Schedule, an application made under paragraph 6 below is finally determined when—

(a) the proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the 1990 Act or section 233 of the 1972 Act, have been determined, and

(b) any time for appealing under paragraph 9(1) below, or applying or further applying under paragraph 6 below, (where there is a right to do so) has expired.