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The Town and Country Planning (Fees for Monitoring Surface Coal Mining Sites) (Scotland) Regulations 2017

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2.  In these Regulations—

“the Act” means the Town and Country Planning (Scotland) Act 1997;

“active site” means a mining site where development relating to a mineral permission is being carried out to a substantial extent;

“inactive site” means a mining site which is not an active site;

“mineral permission” means planning permission for development consisting of, or including, surface coal mining;

“mining site” means—

(a)

where two or more mineral permissions relate to one area of land, the area of land which is being—

(i)

worked as a single site; or

(ii)

treated as a single site for the purposes of schedule 9 (review of old mineral planning permissions) or 10 (periodic review of mineral planning permissions) of the Act; and

(b)

in any other case, the land to which a mineral permission relates;

“monitoring report” means a report prepared by a planning authority setting out the results of a site visit;

“operator” means—

(a)

the person carrying out any development relating to a mineral permission on the land to which a mineral permission relates;

(b)

where there is more than one person carrying out development relating to a mineral permission, the person in overall control of the mining site; or

(c)

where there is no person who falls within a description in paragraph (a) or (b), the owner of the mining site;

“site visit” means entry by a planning authority, or a person authorised in writing by a planning authority, on to a mining site to—

(a)

ascertain whether there is or has been any breach of planning control on the site;

(b)

determine whether or to what extent any power conferred on the planning authority by Part 6 of the Act (enforcement) should be exercised in relation to the site; or

(c)

ascertain whether there has been compliance with any requirement imposed as a result of any such power having been exercised in relation to the site; and

“surface coal mining” means the winning and working of coal by means of the extraction of coal from the earth by removal from an open pit or borrow.

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