Town and Country Planning (Minerals) Act 1981

19 Meaning of " development"

(1) The following subsection shall be inserted after subsection (3) of section 19 (meaning of " development " and " new development") of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (in this Part of this Act referred to as "the 1972 Act ")—

“(3A) For the purposes of this Act mining operations include—

(a) the removal of material of any description—

(i) from a mineral-working deposit;

(ii) from a deposit of pulverised fuel ash or other furnace ash or clinker ; or

(iii) from a deposit of iron, steel or other metallic slags; and

(b) the extraction of minerals from a disused railway embankment.”.

(2) The following subsection shall be inserted after section 251(1) of that Act (power to modify Act in relation to minerals)—

“(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.”.