Paragraph 1 Compensation where discontinuance order relates to mineralsI1

England and Wales Not yet in force

(1)

Where a discontinuance order relates to a use of land for carrying out mining operations or depositing mineral waste, compensation is payable under section 211 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, 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 order does not—

(a)

impose a condition on the continuance of the use of the land for carrying out mining operations or depositing mineral waste, or

(b)

require the alteration or removal of any buildings, works, plant or machinery used in connection with the operations or depositing to which the order relates.

(4)

The third condition is that the operations or depositing to which the order relates started less than 5 years before the day the order was made.

(5)

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

(b)

a prohibition order was made;

(c)

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

(d)

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

(e)

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

(6)

For the purposes of sub-paragraph (2), a restriction is imposed on working rights in respect of land if any of the following is restricted or reduced—

(a)

the size of the area that may be used for mining operations or for depositing mineral waste;

(b)

the maximum depth of any mining operations or maximum height of any deposit of mineral waste;

(c)

the rate at which a particular mineral may be extracted or a particular mineral waste may be deposited;

(d)

the period at the end of which any mining operations or depositing of mineral waste must cease;

(e)

the total quantity of minerals that may be extracted from the land or of mineral waste that may be deposited on it.

Annotations

Commencement

I1: Sch. 16 para. 1 not in force at Royal Assent, see s. 409(2)