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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)If—
(a)a person removes surface soil from agricultural land with a view to the sale of that soil, and
(b)the removal of that soil constitutes development within the meaning of the [10 &11 Geo. 6. c. 51.] Town and Country Planning Act, 1947, and is carried out without the grant of permission required in that behalf under Part III of that Act, and
(c)the quantity of soil so removed in any period of three months amounts to more than five cubic yards,
he shall be guilty of an offence against this Act.
(2)Subsection (1) of this section shall not apply to the cutting of peat or to the removal of so much surface soil as it is reasonably necessary to remove in the course of cutting turf.
(3)The reference in subsection (1) of this section to agricultural land shall include a reference to land the use of which for agriculture has been discontinued in consequence of the intention to remove surface soil from that land.
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