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Town and Country Planning (Minerals) Act 1981

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This is the original version (as it was originally enacted).

16Mineral compensation modifications

The following sections shall be inserted after section 178 of that Act— Regulations as to compensation in respect of orders relating to mineral working—meaning of " mineral compensation modifications ".

178A(1)The Secretary of State may by regulations made with the consent of the Treasury direct that sections 164, 170, 178, 237 and 238 of this Act shall have effect, where mineral compensation requirements are satisfied, subject, in such cases as may be specified in the regulations, to such modifications as may be so specified.

(2)Any such regulations shall make provision as to circumstances in which compensation is not to be payable.

(3)Any such regulations shall make provision—

(a)for the modification of the basis on which any amount to be paid by way of compensation is to be assessed ; or

(b)for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed.

(4)Regulations made by virtue of subsection (3)(a) of this section in relation to compensation where an order is made under section 45 or 51 of this Act shall provide that the amount of the compensation under section 164 or, as the case may be, 170 of this Act, shall be reduced—

(a)by the prescribed sum ; or

(b)by a sum equal to the prescribed percentage of the appropriate sum.

(5)In subsection (4) of this section "the appropriate sum" means the product of the sum which represents the annual value of the right to win and work minerals at the site to which the order relates and a multiplier which the Secretary of State considers appropriate having regard to the period at the expiration of which the minerals in, on or under that site might be expected to be exhausted if they continued to be extracted at the rate which has been assumed for the purpose of calculating the annual value of the right to win and work them.

(6)The prescribed percentage shall not be more than 10 per cent.

(7)The annual value of the right to win and work the minerals shall be calculated in the prescribed manner.

(8)In this Act " mineral compensation modifications " means modifications specified in regulations made by virtue of this section.

(9)Regulations under this section—

(a)may make different provision for different cases; and

(b)may include such incidental or supplementary provisions as the Secretary of State considers expedient.

(10)No regulations under this section shall have effect until approved by a resolution of each House of Parliament.

(11)Before making any such regulations the Secretary of State shall consult such persons or bodies of persons as appear to him to be representative—

(a)of persons carrying out mining operations ;

(b)of owners of interests in land containing minerals; and

(c)of mineral planning authorities. Orders relating to mineral working— meaning of " special consultations ".

178B(1)Any reference in this Act to a mineral planning authority carrying out special consultations about the making and terms of an order before they make it is a reference to their carrying out consultations —

(a)subject to subsection (2) of this section, with any person who has an interest—

(i)in the land to which the order will relate; or

(ii)in minerals in, on or under that land; and

(b)with the relevant authority.

(2)The duty to consult imposed by subsection (1)(a) of this section is only a duty to consult persons whom the mineral planning authority are able to trace by taking reasonable steps to do so.

(3)In subsection (l)(b) above "the relevant authority " means—

(a)if the land to which the order will relate is outside Greater London, the district council in whose area it is situated; and

(b)if it is in Greater London—

(i)where the order is to be made by a London borough council, the Greater London Council; and

(ii)where it is to be made by the Greater London Council, the London borough council in whose area the land is situated. Orders relating to mineral working— meaning of " restriction on the winning and working of minerals " and "relevant order."

178C(1)In this Act " restriction on the winning and working of minerals " means—

(a)in relation to planning permission granted for development consisting of the winning and working of minerals, a condition subject to which the permission was granted and which made provision to which this section applies; and

(b)in relation to an order under section 45 or 51 of this Act, a term of the order which made such provision.

(2)This section applies to—

(a)any provision—

(i)for the period before the expiration of which development consisting of the winning and working of minerals was to be begun;

(ii)for the size of the area to be used for the winning and working of minerals;

(iii)for the depth to which operations for the winning and working of minerals were to extend ;

(iv)for the rate at which any particular mineral was to be extracted; or

(v)for the period at the expiration of which the winning and working of minerals was to cease ; and

(b)any provision whose effect is in any way to restrict the total quantity of minerals to be extracted.

(3)In this Act "relevant order", in relation to any land, means an order under section 45, 51 or 51A of this Act..

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