Prospective
(1)A minerals permission to which this section applies authorises minerals development only where the conditions to which the permission is subject are determined in accordance with Schedule 8.
(2)This section applies to—
(a)a pre-1948 minerals permission that—
(i)was registered under paragraph 1 of Schedule 2 to the Planning and Compensation Act 1991 (c. 34), and
(ii)relates to land on which no minerals development was carried out to any substantial extent in the 2 years ending with the relevant day;
(b)a post-1948 minerals permission that relates to a site shown as being a dormant site in a list prepared under paragraph 3 of Schedule 13 to the Environment Act 1995 (c. 25).
(3)But this section does not apply to a minerals permission where the conditions to which it is subject have been determined under—
(a)Schedule 2 to the Planning and Compensation Act 1991, or
(b)Schedule 13 to the Environment Act 1995.
(4)In subsection (2)(a) “the relevant day” means—
(a)where the pre-1948 minerals permission relates to Crown land, 7 June 2006;
(b)where the permission relates to any other land, 1 May 1991.
(5)In subsection (2)(b) references to a post-1948 minerals permission relating to a site are to a post-1948 minerals permission relating to any of the land included in the site.
(6)In this Act—
“post-1948 minerals permission” (“caniatâd mwynau ôl-1948”) means any minerals permission other than a pre-1948 minerals permission;
“pre-1948 minerals permission” (“caniatâd mwynau cyn-1948”) means a minerals permission that was deemed to be granted under Part 3 of the Town and Country Planning Act 1947 (c. 51) by virtue of section 77 of that Act (development authorised under interim development orders made during the period beginning with 22 July 1943 and ending with 30 June 1948).
Commencement Information
I1S. 103 not in force at Royal Assent, see s. 409(2)