1

Where it appears to the planning authority—

a

that development of land—

i

consisting of the winning and working of minerals; or

ii

involving the depositing of mineral waste,

has occurred; but

b

the winning and working or depositing has permanently ceased,

the planning authority may by order—

i

prohibit the resumption of the winning and working or the depositing; and

ii

impose, in relation to the site, any such requirement as is specified in subsection (3) of this section.

2

The planning authority may assume that the winning and working or the depositing has permanently ceased only when—

a

no winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least two years; and

b

it appears to the planning authority, on the evidence available to them at the time when they make the order, that resumption of the winning and working or the depositing to any substantial extent at the site is unlikely.

3

The requirements mentioned in subsection (1) of this section are—

a

a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working or the depositing or for any purpose ancillary to that purpose;

b

a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working or depositing, other than injury due to subsidence caused by underground mining operations;

c

a requirement that any condition subject to which planning permission for the development was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and

d

a restoration condition.