Paragraph 2 Compensation where minerals permission is modified by orderI1

England and Wales Not yet in force

(1)

Where an order under section 102 modifies a minerals permission, compensation is payable under section 106 only if one or more of the following conditions are met.

(2)

The first condition is that the order—

(a)

imposes a restriction on working rights in respect of the land to which it relates, or

(b)

modifies or replaces a restriction on working rights, other than one imposed by a restoration condition or aftercare condition.

(3)

The second condition is that the minerals permission was granted less than 5 years before the day the order was made.

(4)

The third condition is that, in relation to the land to which the order relates, any of the following happened in the 5 years before the day the order was made—

(a)

another order was made under section 102 modifying a minerals permission;

(b)

an application under paragraph 1 of Schedule 8 was finally determined (within the meaning given by paragraph 5(2) of that Schedule);

(c)

an application under paragraph 7 of Schedule 9 was finally determined (within the meaning given by paragraph 12(2) of that Schedule);

(d)

a discontinuance order was made relating to a use of the land for carrying out mining operations or depositing mineral waste;

(e)

a prohibition order was made.

Annotations

Commencement

I1: Sch. 11 para. 2 not in force at Royal Assent, see s. 409(2)