# Planning (Wales) Act 2026, Paragraph 1: Power to make prohibition order

Extent: E+W
Status: prospective

(1) A planning authority may make a prohibition order in relation to any land in its area.
(2) The Welsh Ministers may make a prohibition order in relation to any land in Wales.
(3) A prohibition order may only be made if the planning authority considers or (as the case may be) the Welsh Ministers consider that—
(a) the land to which the order relates has been used for carrying out mining operations or depositing mineral waste, but
(b) the operations or depositing have permanently ceased.
(4) The planning authority or the Welsh Ministers may infer that the operations or depositing have permanently ceased only if—
(a) no mining operations or depositing of mineral waste have been carried out to any substantial extent on the land for at least 2 years, and
(b) the authority considers, on the evidence available to it, or the Welsh Ministers consider, on the evidence available to them, that the operations or depositing are unlikely to be resumed to any substantial extent.
(5) A prohibition order is an order prohibiting the resumption of the mining operations or depositing of mineral waste.
(6) A prohibition order may also impose one or more of the following requirements—
(a) a requirement to take steps for the alteration or removal of plant or machinery that was used for the purpose of the mining operations or depositing of mineral waste to which the order relates or for a purpose ancillary to that purpose;
(b) a requirement to take steps specified in the order, within a period specified in the order, for the purpose of removing or alleviating an injury to amenity that has been caused by the operations or depositing, other than an injury due to subsidence caused by underground mining operations;
(c) a requirement that a condition subject to which planning permission for the operations or depositing was granted, or which has been imposed under this Act, must be complied with;
(d) a restoration condition.
(7) If a prohibition 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.
(8) Paragraphs 1(3) to (9) and 2 to 5 of Schedule 3 apply in relation to an aftercare condition imposed by a prohibition order as they apply in relation to an aftercare condition imposed by a discontinuance order (see paragraph 3 of Schedule 14).

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Source: https://www.legislation.gov.uk/asc/2026/6/schedule/15/paragraph/1 (the official version)
Page: https://openlegislation.uk/planning-wales-act-2026/schedule-15/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.