{
  "url": "https://openlegislation.uk/planning-wales-act-2026/schedule-3/paragraph-1",
  "json_url": "https://openlegislation.uk/planning-wales-act-2026/schedule-3/paragraph-1.json",
  "legislation": "asc/2026/6",
  "legislation_title": "Planning (Wales) Act 2026",
  "legislation_url": "https://openlegislation.uk/planning-wales-act-2026",
  "path": "schedule/3/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": "Power to grant permission subject to aftercare conditions",
  "text": "(1) If planning permission for development that consists of mining operations or includes the depositing of waste is granted subject to one or more restoration conditions that are to have effect after the operations have been completed or the depositing has ceased, it may also be granted subject to one or more aftercare conditions.\n(2) In this Act—\n(a) “restoration condition” means a condition requiring that the land affected by the mining operations or depositing of waste must be restored by the use of subsoil, topsoil or soil-making material;\n(b) “aftercare condition” means a condition requiring the taking of steps that are necessary to bring land to the required standard (set out in paragraph 2) for one or more uses specified in the condition.\n(3) A use of land specified in an aftercare condition must be a use for agriculture, for growing timber or for amenity.\n(4) An aftercare condition may either—\n(a) specify the steps that must be taken to bring the land to the required standard, or\n(b) require steps to be taken in accordance with a scheme (an “aftercare scheme”) approved by the planning authority.\n(5) A planning authority may approve an aftercare scheme with or without modifications.\n(6) The steps that may be specified in an aftercare condition or an aftercare scheme may consist of planting, cultivating, fertilising, watering, draining or otherwise treating land.\n(7) The condition or scheme may specify the period during which a step must be taken; but it may not require a step to be taken after the end of the aftercare period.\n(8) The “aftercare period” means 5 years beginning with the day after the day the works required by the restoration condition are completed; and for any part of the land to which the restoration condition relates, the period begins with the day after the day the works required in relation to that part are completed.\n(9) Regulations may specify a different period, beginning with the day after the day the requirements of the restoration condition are complied with, for the purposes of sub-paragraph (8) (including by amending that sub-paragraph).",
  "extent": "E+W",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 3 para. 1 not in force at Royal Assent, see s. 409(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asc/2026/6/schedule/3/paragraph/1",
    "retrieved_at": "2026-10-29T20:17:37.107863+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}