35.—(1) The deposit of waste consisting of excavated material from a borehole or other excavation made for the purpose of mineral exploration if –
(a)it is deposited in or on land at the place where it is excavated; and
(b)the total quantity of waste so deposited over any period of 24 months does not exceed 45,000 cubic metres per hectare.
(2) Sub-paragraph (1) only applies if –
(a)the drilling of the borehole or the making of any other excavation is development for which planning permission is granted by Article 3 of, and Schedule 1 Part 16 to, the Planning (General Development) Order (Northern Ireland) 1993(1); and
(b)the conditions subject to which the development is permitted are observed.
(3) Expressions used in this paragraph which are also used in the Planning (General Development) Order (Northern Ireland) 1993 shall have the same meaning as in that Order.