Town and Country Planning (Scotland) Act 1997

4 (1) A planning authority shall, in accordance with the following provisions of this paragraph, prepare a list of the active Phase II sites in their area (the “second list”).

(2) The second list shall include each mineral site in the planning authority’s area which is an active Phase II site.

(3) In respect of each site included in the second list, that list shall indicate the date by which an application is to be made to the planning authority under paragraph 9.

(4) Subject to sub-paragraph (5), any date specified pursuant to sub-paragraph (3) shall be a date—

(a) not earlier than the date upon which expires the period of 12 months from the date on which the second list is first advertised in accordance with paragraph 5, and

(b) not later than the date upon which expires the period of six years from the date upon which the provisions of this Schedule come into force.

(5) The Secretary of State may by order provide that sub-paragraph (4)(b) shall have effect as if for the period of six years referred to in that paragraph there were substituted such longer period specified in the order.

(6) The preparation of the second list shall be completed before the day upon which it is first advertised in accordance with paragraph 5.