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Version Superseded: 31/03/2003
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[F12(1)For the purposes of this Schedule—E+W
“first review date”, in relation to a mining site, shall, subject to paragraph 5 below, be ascertained in accordance with paragraph 3 below;
“mineral permission” means any planning permission, other than a planning permission granted by a development order, for minerals development;
“mineral planning authority”—
“mining site” means—
in a case where it appears to the mineral planning authority to be expedient to treat as a single site the aggregate of the land to which any two or more mineral permissions relate, the aggregate of the land to which those permissions relate; and
in any other case, the land to which a mineral permission relates;
“old mining permission” has the meaning given—
“owner”, in relation to any land—
(2)In determining whether it appears to them to be expedient to treat as a single site the aggregate of the land to which two or more mineral permissions relate a mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.
(3)Any reference (however expressed) in this Schedule to a mining site being a site to which relates—
(a)an old mining permission; or
(b)a mineral permission,
is a reference to the mining site, or some part of it, being the land to which the permission relates.
(4)For the purposes of this Schedule, an application made under paragraph 6 below is finally determined when—
(a)the proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the 1990 Act F4. . ., have been determined, and
(b)any time for appealing under paragraph 9(1) below, or applying or further applying under paragraph 6 below, (where there is a right to do so) has expired.]
Textual Amendments
F1Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)
F2Words in Sch. 14 para. 2(1) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)
F3Words in Sch. 14 para. 2(1) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)
F4Words in Sch. 14 para. 2(4) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)
Commencement Information
I1Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2
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