Prospective
Modifications etc. (not altering text)
C1Schs. 1-3: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))
2—(1) For the purposes of this Schedule—N.I.
“first review date”, in relation to a mining site, shall, subject to paragraphs 4 and 6, be ascertained in accordance with paragraph 3;
“mineral permission” means any planning permission for minerals development;
“mining site” means—
in a case where it appears to the council to be expedient to treat as a single site the aggregate of the land to which any two or more mineral permissions relate, the aggregate of the land to which those permissions relate; and
in any other case, the land to which a mineral permission relates.
(2) In determining whether it appears to it to be expedient to treat as a single site the aggregate of the land to which two or more mineral permissions relate a council must have regard to any guidance issued for the purpose by the Department.
(3) Any reference (however expressed) in this Schedule to a mining site being a site to which relates a mineral permission, is a reference to the mining site, or some part of it, being the land to which the permission relates.
(4) For the purposes of this Schedule, an application made under paragraph 7 is finally determined when—
(a)the proceedings on the application have been determined, and
(b)any time for appealing under paragraph 9(1), or applying or further applying under paragraph 7, (where there is a right to do so) has expired.