PART 15GENERAL

Compensation

394Power to modify compensation provisions in relation to minerals

(1)

Regulations may make provision about entitlement to compensation where—

(a)

an order under section 102 modifies planning permission for minerals development;

(b)

a discontinuance order is made in relation to a use of land for carrying out mining operations or depositing mineral waste;

(c)

a prohibition order or protection order is made.

(2)

The regulations may make provision (which may include provision amending this Act)—

(a)

for sections 106, 107 and 211 to have effect subject to different modifications from those set out in Schedules 11 and 16 (or without any or all of those modifications);

(b)

for sections 319, 321 and 393 to have effect subject to modifications.

(3)

The regulations may, for example—

(a)

specify circumstances in which compensation is not payable;

(b)

change the basis on which any compensation is to be assessed.

(4)

Before making any regulations under this section, the Welsh Ministers must consult persons they consider to be representative of—

(a)

persons carrying out mining operations;

(b)

owners of interests in land that contains minerals;

(c)

planning authorities.