105 Reviews by mineral planning authorities.

1

Every mineral planning authority shall undertake periodic reviews about the winning and working of minerals and the depositing of mineral waste in their area.

2

Subject to regulations made by virtue of subsection (4), the duty under this section is, at such intervals as they think fit—

a

to review every mining site in their area; and

b

to consider whether they should make an order under section 97 or under paragraph 1, 3, 5 or 6 of Schedule 9, and if they do consider that they should make any such order, to make it.

3

For the purposes of subsection (2) “a mining site” means a site which—

a

is being used for the winning and working of minerals or the depositing of mineral waste;

b

has been so used at any time during—

i

the period of five years preceding the date of the beginning of the review; or

ii

such other period preceding that date as may be prescribed; or

c

is authorised to be so used.

4

If regulations so require, the reviews shall be undertaken at prescribed intervals and shall cover such matters as may be prescribed.