Mineral Workings Act 1951
1951 c.60
An Act to establish a fund for the purpose of financing the restoration of land in England used for the working of ironstone by opencast operations and to provide for payments to and from that fund; to make provision for the reclamation, cultivation, afforestation or other treatment of such land; to provide for setting off the development charge in respect of certain minerals against payments under Part VI of the Town and Country Planning Act 1947, or Part V of the Town and Country Planning (Scotland) Act 1947, in respect of interests therein, for the modification of certain mining leases and orders granting working rights, and for the application of section eighty-one of the Town and Country Planning Act 1947, and section seventy-eight of the Town and Country Planning (Scotland) Act 1947, to certain minerals of the National Coal Board; to authorise the temporary stopping up or diversion of highways for the purpose of working minerals by opencast operations; and for purposes connected with the matters aforesaid.
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28 Modification of payments in lieu of restoration under ironstone leases.
1
Where any ironstone comprised in a mining lease made before the commencement of this Act is worked by opencast operations in accordance with planning permission, then if—
a
the lease contains provisions requiring or enabling the lessee to pay a specified sum in lieu of compliance with any obligation relating to the restoration of the land or by way of liquidated damages for breach of such an obligation, or to return the land after restoration or upon payment of a specified sum in lieu of restoration; and
b
the planning permission is subject to conditions regulating the manner in which the land is to be dealt with after working, but not requiring its restoration in the manner or to the extent specified in the lease, and those conditions are complied with,
the sum payable by the lessee as aforesaid under the lease in respect of that land shall be reduced to such extent (if any) as may be just having regard to any benefit accruing to the lessor, or any person deriving title from him, in consequence of compliance with the said conditions.
2
Any question whether any and if so what reduction falls to be made under this section in the sums payable under a lease shall, in default of agreement between the parties, be determined by arbitration.
3
For the purpose of calculating the amount of any reduction under this section, the value of any benefit accruing in consequence of compliance with any conditions shall be ascertained by reference to prices of land current at the time when the sum to be reduced is payable; but if that sum is less than the sum which would represent the value of the land at that time if it were restored to the extent contemplated in the lease, the value of the benefit accruing as aforesaid shall be reduced proportionately.
4
The provisions of this section shall apply in relation to a conveyance of ironstone or a conveyance of land subject to an exception of ironstone as they apply in relation to a mining lease, and as if for references to the lessee and to the lessor there were substituted respectively references to the person entitled to the ironstone by virtue of the conveyance or exception and to the person entitled to the surface of the land.
General amendments of law relating to mineral development
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Supplementary provisions
33 Offences.
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41 Interpretation.
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2
References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment including, except where the context otherwise requires, this Act.
F82A
In this Act, except where the contrary is provided or the context otherwise requires, expressions defined in F9the Town and Country Planning Act M11990 have the same meanings as in that Act.
In the application of this Act to Scotland, for the reference to F9the Town and Country Planning Act 1990in this subsection there shall be substituted a reference to the F10Town and Country Planning (Scotland) Act M21997.
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42 General application to Scotland.
1
The provisions of this section shall, in addition to any express provision for the application to Scotland of any provision of this Act, have effect for the general application of this Act to Scotland.
2
Sections one to twenty-eight and sections thirty-three to thirty-eight of, and the Schedules to, this Act shall not extend to Scotland.
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43C1†Short title, extent and repeal.
1
This Act may be cited as the Mineral Workings Act 1951.
2
This Act shall not extend to Northern Ireland.
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SCHEDULES
F12F12FIRST SCHEDULE
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Ss. 1-27, 29-31, 33-40(1)-(5), 41(1), 41(3), 42(3)-(5), 43, Schs. 1, 4 repealed by Mineral Workings Act 1985 (c. 12, SIF 86), ss. 1(1), 6(2), 10, Sch. 2 (with savings (E.W.) in S. 4(1)(7) of the 1985 Act for ss. 20, 21, 41(1))