OpenLegislation

Paragraph 2

Not yet in force

(1)

For the purposes of this Schedule—

  • “first review date”, in relation to a mining site, shall, subject to paragraphs 4 and 6, be ascertained in accordance with paragraph 3;

  • “mineral permission” means any planning permission for minerals development;

  • “mining site” means—

    1. (a)

      in a case where it appears to the council to be expedient to treat as a single site the aggregate of the land to which any two or more mineral permissions relate, the aggregate of the land to which those permissions relate; and

    2. (b)

      in any other case, the land to which a mineral permission relates.

(2)

In determining whether it appears to it to be expedient to treat as a single site the aggregate of the land to which two or more mineral permissions relate a council must have regard to any guidance issued for the purpose by the Department.

(3)

Any reference (however expressed) in this Schedule to a mining site being a site to which relates a mineral permission, is a reference to the mining site, or some part of it, being the land to which the permission relates.

(4)

For the purposes of this Schedule, an application made under paragraph 7 is finally determined when—

(a)

the proceedings on the application have been determined, and

(b)

any time for appealing under paragraph 9(1), or applying or further applying under paragraph 7, (where there is a right to do so) has expired.

Notes on Schedule 3

Modifications

C1

Schs. 1-3: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))