Paragraph 3 Power to include restoration condition and aftercare condition in discontinuance orderI1

England and Wales Not yet in force

(1)

A discontinuance order that relates to a use of land for carrying out mining operations or depositing waste may impose one or more restoration conditions.

(2)

If the order imposes one or more restoration conditions, or if one or more restoration conditions have previously been imposed under this Act in relation to the land to which the order relates, the order may also impose one or more aftercare conditions.

(3)

Paragraphs 1(3) to (9) and 2 to 5 of Schedule 3 apply in relation to an aftercare condition imposed by a discontinuance order as they apply in relation to an aftercare condition imposed on the grant of planning permission, but—

(a)

as if the reference in paragraph 2(1)(b) of that Schedule to the time when the planning permission was granted were a reference to the time immediately before the mining operations or depositing of waste started, and

(b)

in the case of a discontinuance order made by the Welsh Ministers, with any other necessary modifications.

Annotations

Commencement

I1: Sch. 14 para. 3 not in force at Royal Assent, see s. 409(2)