(1)In relation to development consisting of the winning and working of minerals, 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.
[F1(1A)In this Act—
“development consisting of the winning and working of minerals” includes the extraction of minerals from a mineral-working deposit; and
“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
(b)to development consisting of the winning and working of any minerals vested in the [F2British Coal Corporation], being development to which any of the provisions of this Act relating to operational land of statutory undertakers apply by virtue of regulations made under section 259 of this Act; or
(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
F2Words substituted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 20
(1)It shall be the duty of every planning authority—
(a)to undertake at such intervals as they consider fit reviews of every site in their area in, on or under which operations for the winning and working of minerals—
(i)are being carried out; or
(ii)have been carried out at any time during the relevant period; or
(iii)are authorised by planning permission but have not been begun; and
(b)to make in respect of any such site any order under section 42, 49, 49A or 49B of this Act that they consider appropriate.
(2)In subsection (1) of this section “the relevant period”, in relation to a review, means the period of five years preceding the date of the beginning of the review or such other period as may be prescribed.]
Textual Amendments
Textual Amendments