- Latest available (Revised)
- Original (As enacted)
Environment Act 1995
You are here:
- 1995 c. 25
- SCHEDULE 14
- Compensation
- Section 13
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
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- s. 16A(6) repealed by S.I. 2007/1388 Sch. 1 para. 46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)
[F113(1)This paragraph applies where—E+W
(a)an application made under paragraph 6 above in respect of a mining site is finally determined; and
(b)the conditions to which the mineral permissions relating to the site are to be subject, as determined under this Schedule, differ in any respect from the proposed conditions set out in the application; and
(c)the effect of the new conditions, except insofar as they are restoration or aftercare conditions, as compared with the effect of the existing conditions, except insofar as they were restoration or aftercare conditions, is to restrict working rights in respect of the site.
(2)For the purposes of this paragraph—
“the new conditions”, in relation to a mining site, means the conditions, determined under this Schedule, to which the mineral permissions relating to the site are to be subject; and
“the existing conditions”, in relation to a mining site, means the conditions to which the mineral permissions relating to the site were subject immediately prior to the final determination of the application made under paragraph 6 above in respect of that site.
(3)For the purposes of this paragraph, working rights are restricted in respect of a mining 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 mining site in question.
(4)In a case to which this paragraph applies, but subject to sub-paragraph (6) below, F2. . ., Parts IV and XI of the 1990 Act F3. . ., shall have effect as if an order made under section 97 of the 1990 Act . . .—
(a)had been confirmed by the Secretary of State under section 98 of the 1990 Act . . . at the time when the application in question was finally determined; and
(b)as so confirmed, had effect to modify those permissions to the extent specified in sub-paragraph (6) below.
(5)For the purposes of this paragraph, the order referred to in sub-paragraph (4) above is one whose only effect adverse to the interests of any person having an interest in the land or minerals comprised in the mineral site is to restrict working rights in respect of the site to the same extent as the relevant restriction.
(6)For the purposes of section 116 of the 1990 Act . . . and of any regulations made under [F4those sections], the permissions treated as being modified by the order mentioned in sub-paragraph (4) above shall be treated as if they were planning permissions for development which neither consists of nor includes any minerals development.]
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. 14 repealed (S.) (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. II (with s. 5, Sch. 3)
F2Words in Sch. 14 para. 13(4) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)
F3Words in Sch. 14 para. 13(4)(6) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. III (with s. 5, Sch. 3)
F4Words in Sch. 14 para. 13(6) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 60(2)
Commencement Information
I1Sch. 14 wholly in force at 1.1.1997; Sch. 14 not in force at Royal Assent see s. 125(3); Sch. 14 in force for E.W. at 1.11.1995 by S.I. 1995/2765, art. 2; Sch. 14 in force for S. at 1.1.1997 by S.I. 1996/2857, art. 2
Options/Help
Print Options
Print The Whole Act
Print The Whole Schedule
Print The Whole Cross Heading
Print This Section only
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?
You have chosen to open Schedules only
The Schedules only 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?
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.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
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