SCHEDULES

SCHEDULE 5 E+W Conditions relating to Mineral Working

Part I E+W Conditions imposed on Grant of Permission

Consultations E+W

4 (1) Before imposing an aftercare condition, the mineral planning authority shall consult— E+W

(a) the Minister, where they propose that the use specified in the condition shall be a use for agriculture; and

(b) the [F1 appropriate body], where they propose that the use so specified shall be a use for forestry,

as to whether it is appropriate to specify that use.

(2) Where after consultations required by sub-paragraph (1) the mineral planning authority are satisfied that the use that they ought to specify is a use for agriculture or for forestry, they shall consult—

(a) where it is for agriculture, the Minister; and

(b) where it is for forestry, the [F1 appropriate body],

with regard to whether the steps to be taken should be specified in the aftercare condition or in an aftercare scheme.

(3) The mineral planning authority shall also consult the Minister or, as the case may be, the Forestry Commission—

(a) as to the steps to be specified in an aftercare condition which specifies a use for agriculture or for forestry; and

(b) before approving an aftercare scheme submitted in accordance with an aftercare condition which specifies such a use.

(4) The mineral planning authority shall also, from time to time as they consider expedient, consult the Minister or the [F2 appropriate body], as the case may be, as to whether the steps specified in an aftercare condition or an aftercare scheme are being taken.

[F3 (4A) Without prejudice to the application of this paragraph in relation to consultation with the [F1 appropriate body], where the Minister is consulted pursuant to any provision of this paragraph—

(a) he is not required to inspect any land or to express a view on any matter or question; and

(b) he is not precluded from responding in general terms or otherwise in terms which are not specific to the land in question.]

(5) In this paragraph “forestry” and “the Minister” have the same meanings as in paragraph 3.

[F4 (6) In this paragraph “appropriate body” means—

(a) in relation to England, the Forestry Commission; and

(b) in relation to Wales, the Natural Resources Body for Wales.]

Textual Amendments

F1 Words in Sch. 5 para. 4 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 204(2) (with Sch. 7)

F2 Words in Sch. 5 para. 4(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 204(3) (with Sch. 7)

F3 Sch. 5 para. 4(4A) inserted (1.2.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 43 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F4 Sch. 5 para. 4(6) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 204(4) (with Sch. 7)