Notification of mineral applicationsE+W
26.—(1) Where notice has been given for the purposes of this article to a mineral planning authority as respects land which is in their area and it is specified in the notice—
(a)by the Coal Authority that the land contains coal,
(b)by the [F1Oil and Gas Authority] that the land contains gas or oil, or
(c)by the Crown Estate Commissioners that the land contains silver or gold,
the mineral planning authority must not determine any application for planning permission to win and work any mineral on that land without first notifying the body or person who gave the notice that an application has been made.
(2) In paragraph (1)(a), “coal” means coal other than that—
(a)won or worked during the course of operations which are carried on exclusively for the purpose of exploring for coal; or
(b)which it is necessary to dig or carry away in the course of activities carried on for purposes which do not include the getting of coal or any product of coal.
Textual Amendments
F1Words in art. 26(1)(b) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 26(2)