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Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision with respect to the payment of compensation where an order is made under Part III of the Town and Country Planning (Scotland) Act 1972 revoking or modifying planning permission for mineral working (section 42), requiring the discontinuance of mineral working (section 49), prohibiting the resumption of mining operations which have ceased (section 49A) or imposing requirements in relation to a site where mining operations are temporarily suspended (section 49B). Sections 153A and 159B of the 1972 Act set out certain “mineral compensation requirements” in relation to such orders and provide that where such requirements are satisfied in respect of an order, the provisions of section 153 (compensation in respect of orders under section 42) and section 159 (compensation in respect of orders under sections 49, 49A and 49B) shall have effect subject to mineral compensation modifications. These Regulations provide for such modifications.

The following modifications are made:–

(1) the amount of compensation payable under section 153 or section 159 will take account of expenditure incurred in voluntarily carrying out works for the purpose of removing or alleviating injury to amenity caused by mineral working on the land to which the order relates or works for restoring the land after the extraction of minerals (regulations 3 and 4);

(2) the basis on which compensation under section 159 is assessed is modified by the substitution of provisions equivalent to those set out in section 153(1), (2) and (4) (regulation 4(2));

(3) in relation to orders made under section 49A, the value of any mineral in the site which cannot be won or worked because of the order is to be ignored in calculating compensation under section 159 (regulation 4(4));

(4) the total amount of compensation payable under section 159 in respect of an order made under section 49A or section 49B is to be reduced by £5,000 (regulation 5); and

(5) the total amount of compensation payable under section 153 or section 159 in respect of an order made under section 42 or section 49 is to be reduced by (a) the sum of £2,500 or (b) 10% of the sum which is to be calculated by multiplying the annual value of the right to win and work minerals to which the order relates by a multiplier, whichever is the greater (but subject to a maximum deduction of £100,000) (regulation 6 and Schedules 1 and 2).

Regulation 7 provides for the apportionment between claimants of the sum to be deducted from the total amount of compensation, in a case where there is more than one interest held in the site to which the order relates.

By virtue of regulation 1(2), the Regulations do not apply to orders made in relation to mineral working by the National Coal Board.