Paragraph 2 First review dateI1
England and Wales Not yet in force
This paragraph determines the review date for the first periodic review of the minerals permissions relating to a mining site (subject to the power to postpone the review date under paragraph 6).
The review date for a mining site of a description specified in the first column of the Table is the date 15 years after the day specified in the corresponding entry in the second column.
TABLE 3
| Description of mining site | Day to use for calculating first review date |
|---|---|
| The minerals permissions relating to the site include a pre-1948 minerals permission. | The day the conditions of the pre-1948 minerals permission were finally determined on an application under paragraph 2 of Schedule 2 to the Planning and Compensation Act 1991 (c. 34) or paragraph 1(1)(a) of Schedule 8 to this Act (or if there is more than one pre-1948 minerals permission and their conditions were finally determined on different days, the last of those days). |
| The site is shown in a list prepared under paragraph 3 of Schedule 13 to the Environment Act 1995 (c. 25). | The day the conditions of the post-1948 minerals permissions relating to the site were finally determined on an application under paragraph 9 of Schedule 13 to the Environment Act 1995 or paragraph 1(1)(b) of Schedule 8 to this Act. |
| There are no pre-1948 minerals permissions relating to the site and the site is not shown in a list prepared under paragraph 3 of Schedule 13 to the Environment Act 1995. | The day the most recent minerals permission relating to the site was granted (but see sub-paragraphs (3) to (5)). |
| An order has been made under section 102 in respect of a minerals permission relating to the site. | The day the order took effect (or if there is more than one order and they took effect on different days, the last of those days). |
| A discontinuance order has been made in respect of a use of the site, or any part of it, for carrying out mining operations or depositing waste. | The day the order took effect (or if there is more than one order and they took effect on different days, the last of those days). |
Sub-paragraph (4) applies where—
there are no pre-1948 minerals permissions relating to a mining site, and the site is not shown in a list prepared under paragraph 3 of Schedule 13 to the Environment Act 1995,
the most recent minerals permission relating to the site relates to only part of the site, or the most recent minerals permissions (whether or not granted on the same day) between them relate to only part of the site, and
the planning authority considers that the review date for the site should be calculated by reference to the day the last of the other minerals permissions relating to the site was granted.
The most recent minerals permission or permissions relating to the mining site are to be treated for the purposes of this paragraph as having been granted at the same time as the last of the other minerals permissions relating to the site.
In deciding whether it is of the opinion mentioned in sub-paragraph (3)(c), a planning authority must have regard to any relevant guidance issued by the Welsh Ministers.
If the Table specifies more than one day for the same mining site, the review date for the site is to be calculated by reference to the latest of those days.
Regulations may, in relation to a mining site to which a pre-1948 minerals permission relates or which is shown in a list prepared under paragraph 3 of Schedule 13 to the Environment Act 1995—
specify a review date that is different from the date that would otherwise be determined in accordance with this paragraph, or
if no review date would otherwise be determined in accordance with this paragraph, specify a review date.
In the Table “finally determined” has the meaning given—
in relation to conditions determined on an application under paragraph 2 of Schedule 2 to the Planning and Compensation Act 1991, by paragraph 10(2) of that Schedule;
in relation to conditions determined on an application under paragraph 9 of Schedule 13 to the Environment Act 1995, by paragraph 1(7) of that Schedule;
in relation to conditions determined on an application under paragraph 1(1)(a) or (b) of Schedule 8 to this Act, by paragraph 5(2) of that Schedule.
Annotations
Commencement
- I1
Sch. 9 para. 2 not in force at Royal Assent, see s. 409(2)