SCHEDULES

SCHEDULE 9 Review of old mineral planning permissions

The “second list”

4

1

A planning authority shall, in accordance with the following provisions of this paragraph, prepare a list of the active Phase II sites in their area (the “second list”).

2

The second list shall include each mineral site in the planning authority’s area which is an active Phase II site.

3

In respect of each site included in the second list, that list shall indicate the date by which an application is to be made to the planning authority under paragraph 9.

4

Subject to sub-paragraph (5), any date specified pursuant to sub-paragraph (3) shall be a date—

a

not earlier than the date upon which expires the period of 12 months from the date on which the second list is first advertised in accordance with paragraph 5, and

b

not later than the date upon which expires the period of six years from the date upon which the provisions of this Schedule come into force.

5

The Secretary of State may by order provide that sub-paragraph (4)(b) shall have effect as if for the period of six years referred to in that paragraph there were substituted such longer period specified in the order.

6

The preparation of the second list shall be completed before the day upon which it is first advertised in accordance with paragraph 5.