The Town and Country Planning (Environmental Impact Assessment) (Mineral Permissions and Amendment) (England) Regulations 2008

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the Town and Country Planning (Environmental Impact Assessment) (Mineral Permissions and Amendment) (England) Regulations 2008 and shall come into force on 22nd July 2008.

(2) In these Regulations—

“the 1990 Act” means the Town and Country Planning Act 1990 M1 ;

“the 1999 Regulations” means the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 M2 ;

“by site display” means by posting a copy of the notification by firm affixture to some object on the land or, as the case may be, on the surface of the land above the interest in question, sited and displayed in such a way as to be easily visible to, and readable by, members of the public without going on to the land;

“EIA development” has the same meaning as in the 1999 Regulations;

“minerals” has the same meaning as in section 336 of the 1990 Act;

“relevant mineral planning authority” means the body to whom it falls, fell, or would, but for a direction under paragraph—

(a)

7 of Schedule 2 to the Planning and Compensation Act 1991 M3 ;

(b)

13 of Schedule 13 to the Environment Act 1995 M4 ; or

(c)

8 of Schedule 14 to the Environment Act 1995,

fall to determine the ROMP application in question;

“ROMP application” means an application to a relevant mineral planning authority to determine the conditions to which a planning permission is to be subject under paragraph—

(a)

2(2) of Schedule 2 to the Planning and Compensation Act 1991 (registration of old mining permissions);

(b)

9(1) of Schedule 13 to the Environment Act 1995 (review of old mineral planning permissions); or

(c)

6(1) of Schedule 14 to the Environment Act 1995 (periodic review of mineral planning permissions); and

“undetermined ROMP application” means a ROMP application which was received by the authority with whom it was lodged before 15th November 2000 but which was not determined by 22nd July 2008.

(3) These Regulations apply in relation to England only.

Marginal Citations

M1 1990 c.8. The definition of ?minerals? in section 336(1) was amended by the Planning and Compensation Act 1991 (c.34), Schedule 1, paragraph 12(c).

M2 S.I.1999/293. Relevant amendments were made by S.I. 2000/2867 and S.I. 2006/3295.

M3 1991 c.34.

M4 1995 c.25.