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Town and Country Planning Act 1954

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This is the original version (as it was originally enacted).

56Contributions to Ironstone Restoration Fund

(1)In respect of ironstone extracted by opencast operations after the commencement of this Act, the rate of the contributions payable under section three of the Mineral Workings Act, 1951 (which provides for contributions to the Ironstone Restoration Fund from ironstone operators) shall be twopence farthing instead of one penny and one eighth per ton:

Provided that this subsection shall not apply—

(a)to ironstone which immediately before the fifteenth day of February, nineteen hundred and fifty-one, was subject to a full restoring lease ; or

(b)to ironstone in respect of which an order under section seven of the said Act of 1951 (which relates to charitable trusts) was in force immediately before the commencement of this Act,

and the Minister may by order made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, direct that, as from the date of the order or such earlier date as may be specified in the order, this subsection shall not apply to such other ironstone as may be so specified, being ironstone an interest in which is held on the date of the order on charitable trusts or for charitable purposes.

(2)Where in accordance with the preceding subsection contributions at the rate of twopence farthing per ton are payable by a lessee under a mining lease or by the person granted a right to work minerals by an order under Part I of the Mines (Working Facilities and Support) Act, 1923, a sum, computed in accordance with the provisions of the Third Schedule to the said Act of 1951, may, notwithstanding anything in the lease or order, be deducted in accordance with the provisions of that Schedule from payments by the lessee under the lease or by that person under the order, or may be otherwise recovered in accordance with those provisions by the lessee or by that person:

Provided that this subsection shall not apply to any mining lease made after the fifteenth day of February and before the first day of August, nineteen hundred and fifty-one, which contained a provision expressly excluding the operation of paragraph (b) of subsection (2) of section six of the said Act of 1951 (which conferred on lessees rights corresponding with those conferred by this subsection).

(3)Section five of the Mineral Workings Act, 1951 (which provides for contributions from ironstone owners by reference to payments falling to be made under section fifty-eight of the principal Act) and section six of that Act shall cease to have effect.

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