OpenLegislation

Paragraph 12 I1F1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(F2A1)

This paragraph applies—

(a)

where a mineral planning authority for an area in England determines that it will carry out a periodic review of the mineral permissions relating to a mining site, and that periodic review is the second or a subsequent periodic review of the permissions relating to that site, and

(b)

in relation to the second or any subsequent periodic review by a mineral planning authority for an area in Wales of the mineral permissions relating to a mining site.

(A2)

In the application of this paragraph in relation to a mineral planning authority for an area in England “the review date” means the date set by the authority as the review date for the purposes of the periodic review.

(A3)

That date may not be earlier than the relevant date found under sub-paragraph (1) below in relation to the site.

(A4)

In the application of this paragraph in relation to a mineral planning authority for an area in Wales “the review date” means the relevant date found under sub-paragraph (1) below in relation to the site.

(1)

In this paragraph, in relation to a mining site, but subject to paragraph 5 above as applied by sub-paragraph (2) below, “F3relevant date” means—

(a)

in the case of the second periodic review, the date falling fifteen years after the date upon which was finally determined an application made under paragraph 6 above in respect of the site; and

(b)

in the case of subsequent periodic reviews, the date falling fifteen years after the date upon which there was last finally determined under this Schedule an application made in respect of that site under paragraph 6 above as applied by sub-paragraph (2) below.

(2)

Paragraphs 4 to 11 above shall apply in respect of the second or any subsequent periodic review of the mineral permissions relating to a mining site as they apply to the first such periodic review, but as if—

(a)

any reference in those paragraphs to the “first review date” were a reference to the review date; F4...

(b)

the references in paragraphs 4(1) and 6(2)(a) above to the first periodic review were references to the periodic review in questionF5, and

(c)

paragraph 4(A1) were omitted.

Annotations

Textual amendments

F1

Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

F2

Sch. 14 paras. 12(A1)-(A4) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 9(2) (with s. 10); S.I. 2013/1488, art. 3(d)

F3

Words in Sch. 14 para. 12(1) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 9(3) (with s. 10); S.I. 2013/1488, art. 3(d)

F4

Word in Sch. 14 para. 12(2)(a) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 9(4)(a) (with s. 10); S.I. 2013/1488, art. 3(d)

F5

Sch. 14 para. 12(2)(c) and word inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 3 para. 9(4)(b) (with s. 10); S.I. 2013/1488, art. 3(d)

Commencement

I1

Sch. 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

Notes on Schedule 14

Textual amendments

F1

Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)

Modifications

C1

Sch. 14: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)

Notes on Second and subsequent periodic reviews

Textual amendments

F1

Sch. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)