Opencast Coal Act 1958

F1 4 [F2 (1)] Before submitting to the Minister an application for the Minister’s authorisation under section one of this Act, the [F3 Corporation]shall— E+W+S

(a) in two successive weeks publish in one or more local newspapers circulating in the locality in which the relevant land is situated and in the London Gazette a notice in the prescribed form stating the intention of the [F3 Corporation] to submit the application to the Minister, describing the relevant land, naming a place in the locality where a copy of the application and of the map referred to therein can be inspected, and specifying the time (not being less than twenty-eight days from the first publication of the notice) within which, and the manner in which, objections to the application can be made;

(b) serve on every local planning authority in whose area any part of the relevant land is situated, and on every other local authority, being the council of a county, county borough or [F4 district] in whose area any part of that land is situated, a notice in the prescribed form stating that the application is intended to be submitted to the Minister, and specifying the time (not being less than twenty-eight days from the service of the notice) within which, and the manner in which, objections to the application can be made;

(c) except in so far as the Minister directs that this provision shall not have effect in any particular case, serve a like notice on every owner, lessee and occupier (except tenants for a month or any period less than a month) of any part of the relevant land;

(d) in the case of any land with respect to which a direction is given under the last preceding sub-paragraph, affix to some conspicuous object or objects on the land a notice or notices in the prescribed form addressed to “the owners and any occupiers” of the land (describing it) containing the particulars required to be contained in a notice served under the last preceding sub-paragraph:

Provided that no direction under sub-paragraph (c) of this paragraph shall have effect in relation to an owner, lessee or occupier being a local authority or statutory undertakers or the National Trust.

[F5 (2) If the [F3 Corporation]propose to include in an application for an authorisation under section 1 of this Act an application for an order under section 15 thereof, sub-paragraph (1) above shall have effect as if—

(a) any reference therein to the application for the authorisation included a reference to the application for the order under section 15;

(b) the local authorities specified in paragraph (b) thereof included the council of a parish or community and the parish meeting of a parish which does not have a separate parish council; and

(c) at the end of paragraph (d) thereof there were inserted the following paragraph:—

“(e) in any case where the application is to include an application for an order under section 15 of this Act suspending a public right of way, cause a copy of the notice referred to in paragraph (b) of this paragraph to be displayed in a prominent position at the ends of the public right of way to which the application relates.”]

Textual Amendments

F1 Sch. 1 repealed (11.12.1987) by 1986 c. 63, s. 39(4), Sch. 12 Pt. II; S.I. 1987/1939, arts. 1, 2

F2 Word “(1)” inserted by Coal Industry Act 1975 (c. 56), s. 5(2)(3), Sch. 4 para. 2

F3 Word substituted by 1987 c. 3, s. 1(2), Sch. 1 para. 7(c)

F4 Word substituted by virtue of Local Government Act 1972 (c. 70), s. 179(3)

F5 Para. 4(2) added by Coal Industry Act 1975 (c. 56), s. 5(2)(3), Sch. 4 para. 2