Paragraph 10 Resumption of operations or depositing after protection order takes effectI1

A protection order does not prevent mining operations or depositing of mineral waste being resumed, in accordance with planning permission, on the land to which the order relates.

But a person may not resume mining operations or depositing mineral waste without first giving notice of the person’s intention to do so to the planning authority in whose area the land is situated.

The notice must specify the date on which the person intends to resume the operations or depositing.

The planning authority must revoke the protection order if mining operations or depositing of mineral waste have resumed to a substantial extent on the land.

If the planning authority revokes the order, it must give notice of its revocation to—

If the planning authority does not revoke the order before the end of 2 months after the date specified under sub-paragraph (3), the person who gave the notice under sub-paragraph (2) may apply to the Welsh Ministers for the revocation of the order.

A person who makes an application to the Welsh Ministers must give notice of the application to the planning authority.

If the applicant or the planning authority makes a request in writing to the Welsh Ministers for an opportunity to appear before and be heard by an inspector, the Welsh Ministers must give such an opportunity to the applicant and the authority before deciding whether to revoke the order.

If the Welsh Ministers are satisfied that mining operations or depositing of mineral waste have resumed to a substantial extent on the land to which the order relates, they must revoke the order.

If the Welsh Ministers revoke the order, they must give notice of its revocation to—