Town and Country Planning Act 1990

[F1 116 Modification of compensation provisions in respect of mineral working etc. E+W

(1) Regulations made by virtue of this section with the consent of the Treasury may provide that where an order is made under—

(a) section 97 modifying planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or

(b) paragraph 1, 3, 5 or 6 of Schedule 9 with respect to such winning and working or depositing,

sections 107, 115, 117, 279 and 280 shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed.

(2) Any such regulations may make provision—

(a) as to circumstances in which compensation is not to be payable;

(b) for the modification of the basis on which any amount to be paid by way of compensation is to be assessed;

(c) for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed,

and may also make different provision for different cases F2 ....

(3) No such regulations shall be made [F3 by the Secretary of State] unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

(4) Before making any such regulations the Secretary of State [F4 or (as the case may be) the Welsh Ministers] shall consult such persons as appear to him [F5 or them] to be representative—

(a) of persons carrying out mining operations;

(b) of owners of interests in land containing minerals; and

(c) of mineral planning authorities.]

Textual Amendments

F1 S. 116 substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para.9; S.I. 1991/2067, art.3 (subject to art. 4)

F2 Words in s. 116(2) omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 130(3)(c), 255(3)(a) (with s. 247)

F3 Words in s. 116(3) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 4(2)(a)

F4 Words in s. 116(4) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 4(2)(b)(i)

F5 Words in s. 116(4) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 4(2)(b)(ii)

Modifications etc. (not altering text)

C1 S. 116 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 15(6) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

S. 116 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 13(6) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2