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Environment Act 1995
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- 1995 c. 25
- SCHEDULE 13
- Permissions ceasing to have effect
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Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Environment Act 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act amendment to earlier affecting provision SI 1999/672 Sch. 1 by 2003 c. 37 s. 100(5)-(7)
- Act modified by S.I. 2006/1379 reg. 18
- Act power to amend conferred by 2010 c. 29 s. 28
- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 11A(1) text amended by 2006 c. 16 s. 62 Sch. 12
- s. 16A 16B inserted by 2003 c. 37 s. 67
- s. 16A(6) repealed by S.I. 2007/1388 Sch. 1 para. 46
- s. 18A inserted by 2003 c. 37 s. 66(2)
- s. 41A inserted by S.I. 2005/925 Sch. 6 para. 1(2)
- s. 41A heading words substituted by S.I. 2011/2911 Sch. para. 23(a)
- s. 41A(1) words omitted by S.I. 2011/2911 Sch. para. 23(b)
- s. 41A(2)(a) words inserted by S.I. 2011/2911 Sch. para. 23(c)
- s. 41A(5) words inserted by S.I. 2011/2911 Sch. para. 23(d)
- s. 41A(6)(a) words inserted by S.I. 2011/2911 Sch. para. 23(e)
- s. 41A(7) substituted by S.I. 2011/2911 Sch. para. 23(f)
Commencement Orders yet to be applied to the Environment Act 1995:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2006/934 art. 2 commences (1995 c. 25)
- S.S.I. 2003/206 art. 2 commences (1995 c. 25)
- S.S.I. 2004/541 art. 2 commences (1995 c. 25)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/272 art. 2 commences (2000 c. 37)
- S.I. 2003/2938 art. 2-7 commences (2003 c. 26)
- S.I. 2003/3034 art. 2 commences (2003 c. 26)
- S.I. 2004/641 art. 2-5 commences (2003 c. 37)
- S.I. 2004/690 art. 2-4 commences (2003 c. 38)
- S.I. 2004/910 art. 2 commences (2003 c. 37)
- S.I. 2004/999 art. 2 commences (2003 c. 38)
- S.I. 2004/2097 art. 2 commences (2004 c. 5)
- S.I. 2004/2202 art. 2 3 commences (2004 c. 5)
- S.I. 2004/2528 art. 2-3 commences (2003 c. 37)
- S.I. 2004/2916 art. 2 commences (2003 c. 37)
- S.I. 2005/2847 art. 2 commences (2004 c. 5)
- S.I. 2005/2896 art. 2 3 commences (2005 c. 16)
- S.I. 2006/768 art. 2-4 commences (2005 c. 16)
- S.I. 2006/984 art. 2 commences (2003 c. 37)
- S.I. 2006/2541 art. 2 commences (2006 c. 16)
- S.I. 2006/3257 art. 2 commences (2000 c. 37)
- S.I. 2007/456 art. 2 3 commences (2006 c. 26)
- S.I. 2007/816 art. 2 3 commences (2006 c. 16)
- S.I. 2007/1021 art. 2 commences (2003 c. 37)
- S.I. 2007/2386 art. 2 3 commences (2006 c. 26)
- S.I. 2007/2584 art. 2 commences (2006 c. 26)
- S.I. 2007/3136 art. 2 commences (2007 c. 28)
- S.I. 2008/172 art. 2-9 commences (2007 c. 28)
- S.I. 2008/917 art. 2-5 commences (2007 c. 28)
- S.I. 2008/1960 art. 2 commences (2006 c. 26)
- S.I. 2009/3250 art. 2 commences (2007 c. 29)
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2009/3345 art. 2 commences (2009 c. 23)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2010/630 art. 3 commences (2009 c. 23)
- S.I. 2010/2169 art. 3-5 commences (2010 c. 29)
- S.I. 2011/556 art. 1-3 commences (2009 c. 23)
- S.I. 2011/694 art. 3 4 commences (2010 c. 29)
- S.I. 2011/2204 art. 3 4 commences (2010 c. 29)
- S.I. 2011/2460 art. 2 commences (2006 c. 26)
- S.I. 2011/2896 art. 2 commences (2011 c. 20)
- S.S.I. 2004/495 art. 2 commences (2004 asp 6)
- S.S.I. 2009/319 art. 2 Sch. 1 commences (2008 asp 5)
- S.S.I. 2009/341 art. 2 commences (2009 asp 12)
- S.S.I. 2009/393 art. 2 Sch. commences (2009 asp 6)
- S.S.I. 2010/221 art. 3 commences (2010 asp 8)
[F1 Permissions ceasing to have effect]E+W
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)
[F212(1)Subject to paragraph 8(11) above, where no application under paragraph 9 above in respect of an active Phase I or II site has been served on the mineral planning authority by the date specified in the first or, as the case may be, the second list as the date by which applications under that paragraph in respect of that site are to be made, or by such later date as may at any time be agreed upon in writing between the applicant and the authority, each relevant planning permission relating to the site shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the last date on which such an application may be made.E+W+S
(2)The reference in sub-paragraph (1) above to the date specified in the first or, as the case may be, the second list as the date by which applications under paragraph 9 above are to be made in respect of any Phase I or II site is a reference to the date specified for that purpose in respect of that site in that list as prepared by the mineral planning authority or, where that date has been varied by virtue of any provision of this Schedule, to that date as so varied.
(3)Subject to sub-paragraph (4) below, no relevant planning permission which relates to a dormant site shall have effect to authorise the carrying out of minerals development unless—
(a)an application has been made under paragraph 9 above in respect of that site; and
(b)that permission has effect in accordance with sub-paragraph (6) of that paragraph.
(4)A relevant planning permission which relates to a Phase I or II site not included in the first list shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the last date on which an application under sub-paragraph (1) of paragraph 6 above may be made in respect of that site unless an application has been made under that sub-paragraph by that date in which event, unless the site is added to that list, such a permission shall cease to have effect when the following conditions are met—
(a)the proceedings on that application, including any proceedings on or in consequence of the application under section 288 of the 1990 Act F3. . ., have been determined, and
(b)any time for appealing under paragraph 6(11) or (12) above, or applying or further applying under paragraph 6(1) above, (where there is a right to do so) has expired.]
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F2Sch. 13 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)
F3Words in Sch. 13 para. 12(4)(a) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)
Commencement Information
I1Sch. 13 wholly in force at 1.1.1997; Sch. 13 not in force at Royal Assent see s. 125(3); Sch. 13 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 13 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2
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