SCHEDULES

SCHEDULE 5 Conditions relating to Mineral Working

Part II Conditions imposed on Revocation or Modification of Permission

7

An order under section 97 may in relation to planning permission for development consisting of the winning and working of minerals F1or involving the depositing of refuse or waste materials, include such aftercare condition as the mineral planning authority think fit if—

a

it also includes a restoration condition; or

b

a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act.

8

Paragraphs 2(3) to (9) and 3 to 6 shall apply in relation to an aftercare condition so imposed as they apply in relation to such a condition imposed under paragraph 2.

F3 Interpretation

Annotations:
Amendments (Textual)
F3

Sch. 5 para. 9 and cross heading inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 14(7) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)

F2 9

In this Schedule any reference to a mineral planning authority shall be construed, in relation to the exercise of functions with respect to the depositing of refuse or waste materials (other than mineral waste), as a reference to the authority entitled to discharge such functions.