Explanatory note

These regulations prescribe certain matters in relation to works notices given under section 8(4) of the Mineral Workings Act 1985 (notices of intention to carry out compulsorily remedial works under section 89(2) of the National Parks and Access to the Countryside Act 1949 on land affected by former underground mining operations other than coal mining). A works notice may be given where the carrying out of such works is urgently necessary because subsidence has occurred or there is imminent danger of subsidence, there is risk of death or injury to persons or of damage to other land or property, and it is not possible to secure the consent of all of the persons interested in the land.

Regulations 3 and 4 prescribe the matters to be contained in a works notice and the documents which are to accompany it, and the Schedule to the regulations prescribes the form of the notice. Amongst other matters, authorities are required to specify the works which they propose to carry out and the date on which they propose to start them (which must be not less than 21 clear days from the date of giving the works notice), the authority's reasons for considering that the works should be carried out as a matter of urgency, and the grounds on which they are proposing to carry out the works without the consent of all of the persons interested in the land; and to indicate the grounds on which an application may be made to the Secretary of State under section 8(6) of the 1985 Act for a decision whether or not the works may be carried out without such consent. The notice is to be accompanied by such plans, drawings and diagrams as are necessary to indicate the location, nature and extent of the proposed works and by copies of section 8 of the 1985 Act and section 89(2) of the 1949 Act. Regulation 5 prescribes the manner in which a works notice is to be given.

Regulations 6 and 7 prescribe the grounds on which an application may be made to the Secretary of State under section 8(6) of the 1985 Act and the form and content of such an application. Regulations 8 to 10 make provision with respect to the procedure for reaching and indicating decisions on such applications.