Environment Act 1995

Interpretation

1 (1) In this Schedule—

• “dormant site” means a Phase I or Phase II site in, on or under which no minerals development has been carried out to any substantial extent at any time in the period beginning on 22nd February 1982 and ending with 6th June 1995 otherwise than by virtue of a planning permission which is not a relevant planning permission relating to the site;

• “first list”, in relation to a mineral planning authority, means the list prepared by them pursuant to paragraph 3 below;

• “mineral planning authority”—

  (a)

  as respects England and Wales, means a mineral planning authority within the meaning of the 1990 Act, and

  (b)

  as respects Scotland, means a planning authority for the purposes of the 1972 Act;

• “mineral site” has the meaning given by sub-paragraph (2) below;

• “National Park” means an area designated as such under section 5(3) of the National Parks and Access to the [1949 c. 97.] Countryside Act 1949;

• “old mining permission” has the meaning given—

  (a)

  as respects England and Wales, by section 22(1) of the 1991 Act, and

  (b)

  as respects Scotland, by section 49H(1) of the 1972 Act;

• “owner”, in relation to any land—

  (a)

  as respects England and Wales, means any person who—

  (i)

  is the estate owner in respect of the fee simple, or

  (ii)

  is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remains unexpired; and

  (b)

  as respects Scotland, has the meaning given by paragraph 10(1) of Schedule 10A to the 1972 Act;

• “Phase I site” and “Phase II site” have the meaning given by paragraph 2 below;

• “relevant planning permission” means any planning permission, other than an old mining permission or a planning permission granted by a development order, granted after 30th June 1948 for minerals development; and

• “second list”, in relation to a mineral planning authority, means the list prepared by them pursuant to paragraph 4 below.

(2) For the purposes of this Schedule, but subject to sub-paragraph (3) below, “mineral site” means—

(a) in a case where it appears to the mineral planning authority to be expedient to treat as a single site the aggregate of the land to which any two or more relevant planning permissions relate, the aggregate of the land to which those permissions relate; and

(b) in any other case, the land to which a relevant planning permission relates.

(3) In determining whether it appears to them to be expedient to treat as a single site the aggregate of the land to which two or more relevant planning permissions relate a mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.

(4) Any reference (however expressed) in this Schedule to an old mining permission or a relevant planning permission relating to a mineral site is a reference to the mineral site, or some part of it, being the land to which the permission relates; and where any such permission authorises the carrying out of development consisting of the winning and working of minerals but only in respect of any particular mineral or minerals, that permission shall not be taken, for the purposes of this Schedule, as relating to any other mineral in, on or under the land to which the permission relates.

(5) For the purposes of this Schedule, a mineral site which is a Phase I site or a Phase II site is active if it is not a dormant site.

(6) For the purposes of this Schedule, working rights are restricted in respect of a mineral site if any of—

(a) the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste;

(b) the depth to which operations for the winning and working of minerals may extend;

(c) the height of any deposit of mineral waste;

(d) the rate at which any particular mineral may be extracted;

(e) the rate at which any particular mineral waste may be deposited;

(f) the period at the expiry of which any winning or working of minerals or depositing of mineral waste is to cease; or

(g) the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the site,

is restricted or reduced in respect of the mineral site in question.

(7) For the purposes of this Schedule, where an application is made under paragraph 9 below for the determination of the conditions to which the relevant planning permissions relating to the mineral site to which the application relates are to be subject, those conditions are finally determined when—

(a) the proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the 1990 Act or, as the case may be, section 233 of the 1972 Act, have been determined, and

(b) any time for appealing under paragraph 11(1) below, or applying or further applying under paragraph 9 below, (where there is a right to do so) has expired.