{
  "url": "https://openlegislation.uk/opencast-coal-act-1958/schedule-FIRST/paragraph-7",
  "json_url": "https://openlegislation.uk/opencast-coal-act-1958/schedule-FIRST/paragraph-7.json",
  "legislation": "ukpga/Eliz2/6-7/69",
  "legislation_title": "Opencast Coal Act 1958",
  "legislation_url": "https://openlegislation.uk/opencast-coal-act-1958",
  "path": "schedule/FIRST/paragraph/7",
  "kind": "paragraph",
  "number": "7",
  "heading": null,
  "text": "(1) Subject to the last preceding paragraph, if no objection is made by any such local planning authority or other local authority as is mentioned in sub-paragraph (b) of paragraph 4 of this Schedule, or by any such owner, lessee or occupier as is mentioned in sub-paragraph (c) of that paragraph, or if all objections so made are withdrawn, the Minister, upon being satisfied that the proper notices have been published and served, may if he thinks fit after considering any other objections which are duly made and not withdrawn—\n(a) grant the authorisation, and\n(b) where the application includes an application for an order under section 15 of this Act, make such an order,\neither in accordance with the Corporation’s application or subject to such modifications as he may determine.\n(2) If any objection to the grant of the authorisation is duly made by any such local planning authority or other local authority, or by any such owner, lessee or occupier and is not withdrawn, the Minister shall cause a public local inquiry to be held, and shall consider all objections to the grant of the authorisation which are duly made and not withdrawn and the report of the person who held the inquiry before determining whether to grant the authorisation; and if he determines to grant it, he may do so either in accordance with the Corporation’s application or subject to such modifications as he may determine.\n(2A) If, in the case of an application which includes an application for an order under section 15 of this Act, any objection to the making of the order is duly made by the council of any such county or district or, in Scotland, by any such local authority as is mentioned in paragraph 4(1)(b) of this Schedule and is not withdrawn, the Secretary of State shall cause a public local inquiry to be held and shall consider all objections to the making of the order which are duly made and not withdrawn and the report of the person who held the inquiry before determining whether to make the order; and if he determines to make the order, he may do so either in accordance with the Corporation’s application or subject to such modification as he may determine.\n(2B) If, in a case where a public local inquiry is required to be held by virtue of sub-paragraph (2) above, such an inquiry is also required to be held by virtue of sub-paragraph (2A) above the Secretary of State may direct that those inquiries, including, in a case falling within paragraph 6 of this Schedule, any inquiry relating to a compulsory rights order on which proceedings are to be taken concurrently with the proceedings relating to the application for an authorisation, shall be held concurrently.\n(3) Without prejudice to sub-paragraph (2) and (2A) above, the Minister may, if he thinks fit, cause a public local inquiry to be held before determining whether to grant the authorisation, or, as the case may be, make an order notwithstanding that no objection has been made as mentioned in either or both of those sub-paragraphs or that every objection so made has been withdrawn.\n(4) In a case where the Minister determines to accede to the application subject to modifications, the authorisation shall not extend to land not comprised in the relevant land as described in the application, and shall not authorise the working of coal by open-cast operations on a part of the relevant land which was not indicated in the application as a part of the land on which coal was proposed to be so worked.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1 repealed (11.12.1987) by 1986 c. 63, s. 39(4), Sch. 12 Pt. II; S.I. 1987/1939, arts. 1, 2"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words substituted by Coal Industry Act 1975 (c. 56), s. 5(2)(3), Sch. 4 para. 3(1)(2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word substituted by 1987 c. 3, s. 1(2), Sch. 1 para. 7(c)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words inserted by Coal Industry Act 1975 (c. 56), s. 5(2)(3), Sch. 4 para. 3(1)(3)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words substituted by Coal Industry Act 1975 (c. 56), s. 5(2)(3), Sch. 4 para. 3(1)(3)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Para. 7(2A), (2B) inserted by Coal Industry Act 1975 (c. 56), s. 5(2)(3), Sch. 4 para. 3(1)(4)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words substituted by Coal Industry Act 1975 (c. 56), s. 5(2)(3), Sch. 4 para. 3(1)(5)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words inserted by Coal Industry Act 1975 (c. 56), s. 5(2)(3), Sch. 4 para. 3(1)(5)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Eliz2/6-7/69/schedule/FIRST/paragraph/7",
    "retrieved_at": "2026-10-29T11:12:33.354714+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}