Section 251 Power to modify Act in relation to minerals.

Scotland

(1)

In relation to development consisting of the winning and working of minerals F1or involving the depositing of mineral waste, the provisions of this Act specified in Parts I and II of Schedule 19 to this Act shall have effect subject to such adaptations and modifications as may be prescribed by regulations made under this Act with the consent of the Treasury.

F2(1A)

In this Act—

F3. . .
“mineral-working deposit” means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land.

(2)

Regulations made for the purposes of this section shall be of no effect unless they are approved by resolution of each House of Parliament.

(3)

Any regulations made by virtue of subsection (1) of this section shall not apply—

(a)

to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works thereon which are occupied or used for those purposes; or

F4(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

to the winning and working of peat by any person for the domestic requirements of that person;

and nothing in subsection (1) of this section or in this subsection shall be construed as affecting the prerogative right of Her Majesty to any gold or silver mine.

Annotations

Textual amendments

F1: Words in s. 251(1) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8 para. 9 (with s. 84(5)); S.I. 1992/71, art. 2
F2: S. 251(1A) inserted by Town and Country Planning (Minerals) Act 1981 (c. 36), ss. 19(2), 35
F3: Definition in s. 251(1A) omitted (24.1.1992) by virtue of Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 51, 84(6), Sch. 8 para. 13, Sch. 19 Pt. IV (with s. 84(5)); S.I. 1992/71, art. 2
F4: S. 251(3)(b) repealed (1.11.1994) by 1994 c. 21, s. 67, Sch. 9 para. 13(3), Sch. 11 Pt. III (with ss. 40(7), 66); S.I. 1994/2552, art. 3, Sch. 2 app.

Notes on the whole Act

Textual amendments

F1: Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)