Search Legislation

Coal industry Act 1994

Status:

This is the original version (as it was originally enacted).

39Notices under section 38

(1)A notice under section 38 above shall not be given except—

(a)by a person who on the relevant date of publication is a licensed operator and, as the holder of a licence under Part II of this Act, has an area of responsibility that consists of or includes all the land to which the notice relates; or

(b)by a person who on that date—

(i)is authorised by such a licence, or by virtue of subsection (3) of section 25 above, to carry on coal-mining operations to which that section applies; and

(ii)has the approval of the Authority for the giving of a notice relating to the land in question.

(2)A notice under section 38 above—

(a)shall indicate the land to which it relates either by reference to a map or in any other manner which, in the circumstances, is sufficient to identify it;

(b)shall identify the person by whom the notice is given and summarise the respects in which the requirements of subsection (1) above are satisfied in relation to that person; and

(c)shall state that there are proposals to carry on coal-mining operations which may require the exercise in relation to that land of such a right as is mentioned in section 38(1) above.

(3)A notice under section 38 above shall be given by being published—

(a)in the London Gazette or the Edinburgh Gazette, according to whether the land to which the notice relates is in England and Wales or in Scotland; and

(b)at least once in each of two successive weeks, in newspapers circulating in the locality where that land is situated.

(4)Not later than the relevant date of publication of a notice under section 38 above, the person giving that notice shall—

(a)serve a copy of the notice on every planning authority within whose area or district any part of the land to which the notice relates is situated; and

(b)post a copy or copies of the notice in some conspicuous place or places on that land.

(5)In subsection (4) above “planning authority” means any local planning authority within the meaning of the [1990 c. 8.] Town and Country Planning Act 1990 or any planning authority within the meaning of Part IX of the [1973 c. 65.] Local Government (Scotland) Act 1973.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources