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Town and Country Planning (Scotland) Act 1997

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Changes over time for: Section 262

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Point in time view as at 06/04/2009.

Changes to legislation:

Town and Country Planning (Scotland) Act 1997, Section 262 is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

262 Power to modify Act in relation to minerals.S

(1)In relation to development consisting of the winning and working of minerals or involving the depositing of mineral waste, the provisions specified in Part I of Schedule 18 shall have effect subject to such adaptations and modifications as may be prescribed by regulations.

(2)Such regulations F1. . . shall be of no effect unless they are approved by resolution of each House of Parliament.

(3)Any such regulations 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 on it which are occupied or used for those purposes, or

(b)to the winning and working of peat by any person for the domestic requirements of that person.

(4)Nothing in subsection (1) or (3) shall be construed as affecting the prerogative right of Her Majesty to any gold or silver mine.

Textual Amendments

F1Words in s. 262(2) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 127(20), Pt. IV; S.I. 1998/3178, art. 3

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