Paragraph 35

(1)

The deposit of waste consisting of excavated material from a borehole or other excavation made for the purpose of mineral exploration if—

(a)

it is deposited in or on land at the place where it is excavated; and

(b)

the total quantity of waste so deposited during any period of 24 months does not exceed 45,000 cubic metres per hectare.

(2)

Sub paragraph (1) only applies if—

(a)

the drilling of the borehole or the making of any other excavation is development which is permitted by Class 53 or 54 of Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992^f1; and

(b)

the conditions subject to which the development is permitted are observed.

(3)

Expressions used in this paragraph which are also used in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 have the same meanings as in that Order.

Annotations

Footnotes

f1: S.I. 1992/223, as relevantly amended by S.I. 1994/2586 article 2 and S.I. 1994/1442 article 2.