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Baroness Hamwee: My Lords, I wish that I had proposed election by proportional representation, by single transferable vote. It would have answered most of the points that the Minister used to defend the Government's failure to bite the bullet—a bullet that they seem to accept as a real one—and to incorporate a provision for election. I am surprised. It has not seemed to me that on other occasions it has been beyond the wit of the Government to impose the sort of arrangements that would be necessary to provide for such an election.

My amendment would have met a point that was made in the previous debate by providing a period of years during which the elected councillors might serve. It is very unhealthy for democracy to allow the position to arise whereby an individual can continue to hold an appointed office for years and years. I have no doubt that many parish councillors do hold their offices for many years. If that is allowed to happen, one gets sucked into the system. Periodically putting oneself up for re-election and having one's position validated is, frankly, a very good thing indeed. However, sadly, at this point in the Bill I fear that we shall make no further progress. I beg leave to withdraw the amendment.

Amendment No. 203B, as an amendment to Commons Amendment No. 203, by leave, withdrawn.

[Amendment No. 203C, as an amendment to Commons Amendment No.203, not moved.]

On Question, Motion agreed to.


COMMONS AMENDMENT
204Schedule 7, page 150, line 2, leave out from 'shall' to end of line 4 and insert '—
(a) as respects any National Park authority for a National Park in England, be two less than the number of local authority members specified in the order; and

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(b) as respects any National Park authority for a National Park in Wales, be equal to half the number of local authority members specified in the order.
(4) As respects any National Park authority for a National Park in England, the number specified in the relevant order as the number of parish members to be appointed by the Secretary of State shall be one less than one half of the total number of the members of the authority to be appointed by the Secretary of State.
(5) Accordingly—
(a) in the case of a National Park authority for a National Park in England, the effect of the relevant order shall be such that the total number of members of the authority will be an even number which is not a whole number multiple of four; and
(b) in the case of a National Park authority for a National Park in Wales, the number of local authority members specified in the relevant order shall be an even number.'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 204.

Moved, That the House do agree with the Commons in their Amendment No. 204.—(Earl Ferrers.)

[Amendment No. 204A, as an amendment to Commons Amendment No. 204, not moved.]

[Amendment No. 204B, as an amendment to Commons Amendment No. 204, not moved.]

On Question, Motion agreed to.

9.15 p.m.


COMMONS AMENDMENT


205Schedule 7, page 151, leave out line 4 and insert:

'Parish members of English National Park authorities

2A.—(1) The parish members of an English National Park authority shall be appointed by the Secretary of State.
(2) A person shall not be appointed as a parish member of an English National Park authority unless he is—
(a) a member of the parish council for a parish the whole or any part of which is comprised in the relevant Park; or
(b) the chairman of the parish meeting of a parish—
(i) which does not have a separate parish council; and
(ii) the whole or any part of which is comprised in the relevant Park.
(3) Subject to the following provisions of this Schedule, where a person who qualifies for his appointment by virtue of his membership of a parish council, is appointed as a parish member of an English National Park authority, he shall hold office from the time of his appointment until he ceases to be a member of that parish council.
(4) Sub-paragraph (3) above shall have effect so as to terminate the term of office of a person who on retiring from any parish council immediately becomes such a member again as a newly elected councillor; but a person who so becomes a member again shall be eligible for re-appointment to the National Park authority.
(5) Subject to the following provisions of this Schedule, where a person who qualifies for his appointment by virtue of his being the chairman of a parish meeting, is appointed as a parish member of an English National Park authority, he shall hold office from the time of his appointment until he ceases to be the chairman of that parish meeting.

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(6) Sub-paragraph (5) above shall have effect so as to terminate the term of office of a person who is elected to succeed himself as chairman of any parish meeting; but a person who so becomes the chairman again shall be eligible for re-appointment to the National Park authority.
(7) Subject to the provisions of this Schedule, a parish member of an English National Park authority shall hold office in accordance with the terms of his appointment.
(8) In this paragraph, "English National Park authority" means a National Park authority for a National Park in England.
Members (other than parish members) appointed by the Secretary of State'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 205.

Moved, That the House do agree with the Commons in their Amendment No. 205.—(Earl Ferrers.)

[Amendment No. 205A, as an amendment to Commons Amendment No. 205, not moved.]

[Amendments Nos. 205B to 205K, as amendments to Commons Amendment No. 205, not moved.]

On Question, Motion agreed to.


COMMONS AMENDMENT
206Schedule 7, page 151, line 22, at end insert:
'(5) This paragraph shall not apply to persons appointed as parish members of a National Park authority for a National Park in England or to their appointment as such members.'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 206.

Moved, That the House do agree with the Commons in their Amendment No. 206.—(Earl Ferrers.)

[Amendment No. 206A, as an amendment to Commons Amendment No. 206, not moved.]

On Question, Motion agreed to.


COMMONS AMENDMENT
207Schedule 7, page 151, line 44, after 'him' insert ', other than any parish member of a National Park authority for a National Park in England,'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 207.

Moved, That the House do agree with the Commons in their Amendment No. 207.—(Earl Ferrers.)

[Amendment No. 207A, as an amendment to Commons Amendment No. 207, not moved.]

On Question, Motion agreed to.


COMMONS AMENDMENT
208Schedule 7, page 151, line 48, at end insert:
'(3) The Secretary of State may remove from office any parish member of a National Park authority for a National Park in England either—
(a) by giving that member such written notice of the termination of his appointment as the Secretary of State considers appropriate; or
(b) in such other manner as may be provided for in the terms of that member's appointment;

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but a parish member shall only be removed from office in the manner mentioned in paragraph (a) above where the Secretary of State considers it appropriate to do so in consequence of the provisions of any order for varying either the area of the relevant Park or the number of parish members of the National Park authority in question.'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 208.

Moved, That the House do agree with the Commons in their Amendment No. 208.—(Earl Ferrers.)

[Amendment No. 208A, as an amendment to Commons Amendment No. 208, not moved.]

On Question, Motion agreed to.


COMMONS AMENDMENT
209Schedule 7, page 152, line 10, after 'represented;' insert:
'(cc) as respects a National Park authority for a National Park in England—
(i) any parish council for, or parish meeting of, a parish the whole or any part of which is comprised in the relevant Park;
(ii) any committee or sub-committee of any such parish council or any committee of any such parish meeting; or
(iii) any joint committee on which any such parish council or parish meeting is represented;'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 209.

Moved, That the House do agree with the Commons in their Amendment No. 209.—(Earl Ferrers.)

[Amendment No. 209A, as an amendment to Commons Amendment No. 209, not moved.]

On Question, Motion agreed to.


COMMONS AMENDMENTS
210Schedule 7, page 152, line 26, after 'from' insert '"of'.
211Page 155, line 7, at beginning insert '(a)'.
212Page 155, line 9, at end insert 'or
(b) if the relevant Park is in Wales, any appointment—
(i) which was made under that paragraph in relation to any such area, and
(ii) which was adopted by a National Park planning board, as defined in section 61 of this Act, by virtue of an order under paragraph 3A of Schedule 17 to the 1972 Act or section 2(1B) of the Town and Country Planning Act 1990.'.
213Page 155, line 14, at end insert:
'( ) Sub-paragraph (3) above shall not apply in relation to the adoption of an appointment under this paragraph in relation to a National Park in Wales in any case where—
(a) the National Park authority in question is the National Park authority in relation to that National Park by virtue of an order under section 60 of this Act made by virtue of section 61(1) of this Act;
(b) the appointment in question was made or adopted by the body corporate which has so become that National Park authority, but in its capacity as the National Park planning board, as defined in section 61 of this Act, for the area of the National Park in question; and
(c) no additional responsibilities are, on the occasion of the adoption of the appointment, to be assigned to the person holding the appointment.'.

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214Schedule 10, page 165, line 47, leave out from beginning to end of line 6 on page 166 and insert:
'( ) For section 88 of that Act (application to areas of outstanding natural beauty of provisions relating to National Parks) there shall be substituted—
"Functions of certain bodies in relation to areas of outstanding natural beauty.

88.—(1) The following provisions of this Act, that is to say—
(a) paragraph (e) of subsection (4) of section six,
(b) section nine,
(c) subsection (1) of section sixty-two,
(d) subsection (5) of section sixty-four, and
(e) subsections (5) and (5A) of section sixty-five,
shall apply in relation to areas of outstanding natural beauty as they apply in relation to National Parks.
(2) In paragraph (e) of subsection (4) of section six of this Act as it applies by virtue of the last foregoing subsection, the expression "appropriate planning authority" means a local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty and includes a local authority, not being a local planning authority, by whom any powers of a local planning authority as respects an area of outstanding natural beauty are exercisable, whether under this Act or otherwise.
(3) The provisions of section 4A of this Act shall apply to the provisions mentioned in paragraphs (a) and (b) of subsection (1) of this section for the purposes of their application to areas of outstanding natural beauty as the provisions of the said section 4A apply for the purposes of Part II of this Act.
(4) A local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty shall have power, subject to the following provisions of this section, to take all such action as appears to them expedient for the accomplishment of the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty or so much thereof as is included in their area.
(5) Nothing in this Act shall be construed as limiting the generality of the last foregoing subsection; but in so far as the provisions of this Act confer specific powers falling within that subsection those powers shall be exercised in accordance with those provisions and subject to any limitations expressed or implied therein.
(6) Without prejudice to the powers conferred by this Act, subsection (4) of this section shall have effect only for the purpose of removing any limitation imposed by law on the capacity of a local planning authority by virtue of its constitution, and shall not authorise any act or omission on the part of such an authority which apart from that subsection would be actionable at the suit of any person on any ground other than such a limitation.".'.
215Page 167, line 20, leave out sub-paragraph (4).
216Page 167, line 46, leave out 'in paragraph (b) of subsection (1)' and insert:
'(a) at the beginning of subsection (1) there shall be inserted the words "Subject to section 65 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases),"; and
(b) in paragraph (b) of that subsection,'.
217Page 167, line 48, at end insert:
'( ) In subsection (3) of that section, for the words "sections 9 and 11" there shall be substituted the words "section 9".'.
218Page 168, leave out lines 1 to 4.

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219Page 177, line 11, leave out '2' and insert '1, at the beginning of the subsection which that paragraph substitutes for subsection (1) of section 184 of the 1972 Act, there shall be inserted the words "Subject to section 65 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases),".
(2) In paragraph 2 of that Schedule,'.
220After Schedule 10, insert the following Schedule:—
'SCHEDULE
AIR QUALITY: SUPPLEMENTAL PROVISIONS
Consultation requirements

1.—(1) A local authority in carrying out its functions in relation to—
(a) any air quality review,
(b) any assessment under section (Local authority reviews) or (Duties of local authorities in relation to designated areas) of this Act, or
(c) the preparation of an action plan or any revision of an action plan,
shall consult such other persons as fall within sub-paragraph (2) below.
(2) Those persons are—
(a) the Secretary of State;
(b) the appropriate new Agency;
(c) in England and Wales, the highway authority for any highway in the area to which the review or, as the case may be, the action plan or revision relates;
(d) every local authority whose area is contiguous to the authority's area;
(e) any county council in England whose area consists of or includes the whole or any part of the authority's area;
(f) any National Park authority for a National Park whose area consists of or includes the whole or any part of the authority's area;
(g) such public authorities exercising functions in, or in the vicinity of, the authority's area as the authority may consider appropriate;
(h) such bodies appearing to the authority to be representative of persons with business interests in the area to which the review or action plan in question relates as the authority may consider appropriate;
(j) such other bodies or persons as the authority may consider appropriate.
(3) In this paragraph "National Park authority", subject to sub-paragraph (4) below, means a National Park authority established under section 60 of this Act which has become the local planning authority for the National Park in question.
(4) As respects any period before a National Park authority established under section 60 of this Act in relation to a National Park becomes the local planning authority for that National Park, any reference in sub-paragraph (2) above to a National Park authority shall be taken as a reference to the National Park Committee or joint or special planning board for that National Park.
Exchange of information with county councils in England

2.—(1) This paragraph applies in any case where a district in England for which there is a district council is comprised in an area for which there is a county council; and in this paragraph—
(a) any reference to the county council is a reference to the council of that area; and
(b) any reference to a district council is a reference to the council of a district comprised in that area.

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(2) It shall be the duty of the county council to provide a district council with all such information as is reasonably requested by the district council for purposes connected with the carrying out of its functions under or by virtue of this Part.
(3) It shall be the duty of a district council to provide the county council with all such information as is reasonably requested by the county council for purposes connected with the carrying out of any of its functions relating to the assessment or management of the quality of air.
(4) Information provided to a district council or county council under sub-paragraph (2) or (3) above shall be provided in such form and in such manner and at such times as the district council or, as the case may be, the county council may reasonably require.
(5) A council which provides information under sub-paragraph (2) or (3) above shall be entitled to recover the reasonable cost of doing so from the council which requested the information.
(6) The information which a council may be required to provide under this paragraph shall include information which, although it is not in the possession of the council or would not otherwise come into the possession of the council, is information which it is reasonable to require the council to obtain.
Joint exercise of local authority functions

3.—(1) The appropriate authority may give directions to any two or more local authorities requiring them to exercise the powers conferred by—
(a) section 101(5) of the Local Government Act 1972 (power of two or more local authorities to discharge functions jointly), or
(b) section 56(5) of the Local Government (Scotland) Act 1973 (which makes similar provision for Scotland),
in relation to functions under or by virtue of this Part in accordance with the directions.
(2) The appropriate authority may give directions to a local authority requiring it—
(a) not to exercise those powers, or
(b) not to exercise those powers in a manner specified in the directions,
in relation to functions under or by virtue of this Part.
(3) Where two or more local authorities have exercised those powers in relation to functions under or by virtue of this Part, the appropriate authority may give them directions requiring them to revoke, or modify in accordance with the directions, the arrangements which they have made.
(4) In this paragraph, "the appropriate authority" means—
(a) in relation to England and Wales, the Secretary of State; and
(b) in relation to Scotland, SEPA acting with the approval of the Secretary of State.
Public access to information about air quality

4.—(1) It shall be the duty of every local authority—
(a) to secure that there is available at all reasonable times for inspection by the public free of charge a copy of each of the documents specified in sub-paragraph (2) below; and
(b) to afford to members of the public facilities for obtaining copies of those documents on payment of a reasonable charge.
(2) The documents mentioned in sub-paragraph (1) (a) above are—
(a) a report of the results of any air quality review which the authority has caused to be conducted;
(b) a report of the results of any assessment which the authority has caused to be made under section (Local authority reviews) or (Duties of local authorities in relation to designated areas) of this Act;

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(c) any order made by the authority under section (Designation of air quality management areas) of this Act;
(d) any action plan prepared by the authority;
(e) any proposals or statements submitted to the authority pursuant to subsection (3) or (4) of section (Functions of county councils for areas for which there are district councils) of this Act;
(f) any directions given to the authority under this Part;
(g) in a case where section (Functions of county councils for areas for which there are district councils) of this Act applies, any directions given to the county council under this Part.
Fixed penalty offences

5.—(1) Without prejudice to the generality of paragraph (o) of subsection (2) of section (Regulations for the purposes of Part (Air Quality)) of this Act, regulations may, in particular, make provision—
(a) for the qualifications, appointment or authorisation of persons who are to issue fixed penalty notices;
(b) for the offences in connection with which, the cases or circumstances in which, the time or period at or within which, or the manner in which fixed penalty notices may be issued;
(c) prohibiting the institution, before the expiration of the period for paying the fixed penalty, of proceedings against a person for an offence in connection with which a fixed penalty notice has been issued;
(d) prohibiting the conviction of a person for an offence in connection with which a fixed penalty notice has been issued if the fixed penalty is paid before the expiration of the period for paying it;
(e) entitling, in prescribed cases, a person to whom a fixed penalty notice is issued to give, within a prescribed period, notice requesting a hearing in respect of the offence to which the fixed penalty notice relates;
(f) for the amount of the fixed penalty to be increased by a prescribed amount in any case where the person liable to pay the fixed penalty fails to pay it before the expiration of the period for paying it, without having given notice requesting a hearing in respect of the offence to which the fixed penalty notice relates;
(g) for or in connection with the recovery of an unpaid fixed penalty as a fine or as a civil debt or as if it were a sum payable under a county court order;
(h) for or in connection with execution or other enforcement in respect of an unpaid fixed penalty by prescribed persons;
(j) for a fixed penalty notice, and any prescribed proceedings or other prescribed steps taken by reference to the notice, to be rendered void in prescribed cases where a person makes a prescribed statutory declaration, and for the consequences of any notice, proceedings or other steps being so rendered void (including extension of any time limit for instituting criminal proceedings);
(k) for or in connection with the extension, in prescribed cases or circumstances, by a prescribed person of the period for paying a fixed penalty;
(l) for or in connection with the withdrawal, in prescribed circumstances, of a fixed penalty notice, including—
(i) repayment of any amount paid by way of fixed penalty in pursuance of a fixed penalty notice which is withdrawn; and

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(ii) prohibition of the institution or continuation of proceedings for the offence in connection with which the withdrawn notice was issued;
(m) for or in connection with the disposition of sums received by way of fixed penalty;
(n) for a certificate purporting to be signed by or on behalf of a prescribed person and stating either—
(i) that payment of a fixed penalty was, or (as the case may be) was not, received on or before a date specified in the certificate, or
(ii) that an envelope containing an amount sent by post in payment of a fixed penalty was marked as posted on a date specified in the certificate,
to be received as evidence of the matters so stated and to be treated, without further proof, as being so signed unless the contrary is shown;
(o) requiring a fixed penalty notice to give such reasonable particulars of the circumstances alleged to constitute the fixed penalty offence to which the notice relates as are necessary for giving reasonable information of the offence and to state—
(i) the monetary amount of the fixed penalty which may be paid;
(ii) the person to whom, and the address at which, the fixed penalty may be paid and any correspondence relating to the fixed penalty notice may be sent;
(iii) the method or methods by which payment of the fixed penalty may be made;
(iv) the period for paying the fixed penalty;
(v) the consequences of the fixed penalty not being paid before the expiration of that period;
(oo) similar to any provision made by section 79 of the Road Traffic Offenders Act 1988 (statements by constables in fixed penalty cases);
(op) for presuming, in any proceedings, that any document of a prescribed description purporting to have been signed by a person to whom a fixed penalty notice has been issued has been signed by that person;
(p) requiring or authorising a fixed penalty notice to contain prescribed information relating to, or for the purpose of facilitating, the administration of the fixed penalty system;
(q) with respect to the giving of fixed penalty notices, including, in particular, provision with respect to—
(i) the methods by which,
(ii) the officers, servants or agents by, to or on whom, and
(iii) the places at which,
fixed penalty notices may be given by, or served on behalf of, a prescribed person;
(r) prescribing the method or methods by which fixed penalties may be paid;
(s) for or with respect to the issue of prescribed documents to persons to whom fixed penalty notices are or have been given;
(t) for a fixed penalty notice to be treated for prescribed purposes as if it were an information or summons or any other document of a prescribed description.
(2) The provision that may be made by regulations prescribing fixed penalty offences includes provision for an offence to be a fixed penalty offence—
(a) only if it is committed in such circumstances or manner as may be prescribed; or
(b) except if it is committed in such circumstances or manner as may be prescribed.

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(3) Regulations may provide for any offence which is a fixed penalty offence to cease to be such an offence.
(4) An offence which, in consequence of regulations made by virtue of sub-paragraph (3) above, has ceased to be a fixed penalty offence shall be eligible to be prescribed as such an offence again.
(5) Regulations may make provision for such exceptions, limitations and conditions as the Secretary of State considers necessary or expedient.
(6) In this paragraph—
"fixed penalty" means a penalty of such amount as may be prescribed (whether by being specified in, or made calculable under, regulations);
"fixed penalty notice" means a notice offering a person an opportunity to discharge any liability to conviction for a fixed penalty offence by payment of a penalty of a prescribed amount;
"fixed penalty offence" means, subject to sub-paragraph (2) above, any offence (whether under or by virtue of this Part or any other enactment) which is for the time being prescribed as a fixed penalty offence;
"the fixed penalty system" means the system implementing regulations made under or by virtue of paragraph (o) of subsection (2) of section (Regulations for the purposes of Part (Air Quality)) of this Act;
"the period for paying", in relation to any fixed penalty, means such period as may be prescribed for the purpose;
"regulations" means regulations under or by virtue of paragraph (o) of subsection (2) of section (Regulations for the purposes of Part (Air Quality)) of this Act.'.
221After Schedule 11, insert the following Schedule:—
'SCHEDULE
REVIEW OF OLD MINERAL PLANNING PERMISSIONS
Interpretation

1.—(1) In this Schedule—
"dormant site" means a Phase I or Phase II site in, on or under which no minerals development has been carried out to any substantial extent at any time in the period beginning on 22nd February 1982 and ending with 6th June 1995 otherwise than by virtue of a planning permission which is not a relevant planning permission relating to the site;
"first list", in relation to a mineral planning authority, means the list prepared by them pursuant to paragraph 3 below;
"mineral planning authority"—
(a) as respects England and Wales, means a mineral planning authority within the meaning of the 1990 Act, and
(b) as respects Scotland, means a planning authority for the purposes of the 1972 Act;
"mineral site" has the meaning given by sub-paragraph (2) below;
"National Park" means an area designated as such under section 5(3) of the National Parks and Access to the Countryside Act 1949;
"old mining permission" has the meaning given—
(a) as respects England and Wales, by section 22(1) of the 1991 Act, and
(b) as respects Scotland, by section 49H(1) of the 1972 Act;
"owner", in relation to any land—
(a) as respects England and Wales, means any person who—
(i) is the estate owner in respect of the fee simple, or

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(ii) is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remains unexpired; and
(b) as respects Scotland, has the meaning given by paragraph 10(1) of Schedule 10A to the 1972 Act;
"Phase I site" and "Phase II site" have the meaning given by paragraph 2 below;
"relevant planning permission" means any planning permission, other than an old mining permission or a planning permission granted by a development order, granted after 30th June 1948 for minerals development; and
"second list", in relation to a mineral planning authority, means the list prepared by them pursuant to paragraph 4 below.
(2) For the purposes of this Schedule, but subject to sub-paragraph (3) below, "mineral site" means—
(a) in a case where it appears to the mineral planning authority to be expedient to treat as a single site the aggregate of the land to which any two or more relevant planning permissions relate, the aggregate of the land to which those permissions relate; and
(b) in any other case, the land to which a relevant planning permission relates.
(3) In determining whether it appears to them to be expedient to treat as a single site the aggregate of the land to which two or more relevant planning permissions relate a mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.
(4) Any reference (however expressed) in this Schedule to an old mining permission or a relevant planning permission relating to a mineral site is a reference to the mineral site, or some part of it, being the land to which the permission relates; and where any such permission authorises the carrying out of development consisting of the winning and working of minerals but only in respect of any particular mineral or minerals, that permission shall not be taken, for the purposes of this Schedule, as relating to any other mineral in, on or under the land to which the permission relates.
(5) For the purposes of this Schedule, a mineral site which is a Phase I site or a Phase II site is active if it is not a dormant site.
(6) For the purposes of this Schedule, working rights are restricted in respect of a mineral site if any of—
(a) the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste;
(b) the depth to which operations for the winning and working of minerals may extend;
(c) the height of any deposit of mineral waste;
(d) the rate at which any particular mineral may be extracted;
(e) the rate at which any particular mineral waste may be deposited;
(f) the period at the expiry of which any winning or working of minerals or depositing of mineral waste is to cease; or
(g) the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the site,
is restricted or reduced in respect of the mineral site in question.
(7) For the purposes of this Schedule, where an application is made under paragraph 9 below for the determination of the conditions to which the relevant planning permissions relating to the mineral site to which the application relates are to be subject, those conditions are finally determined when—

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(a) the proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the 1990 Act or, as the case may be, section 233 of the 1972 Act, have been determined, and
(b) any time for appealing under paragraph 11(1) below, or applying or further applying under paragraph 9 below, (where there is a right to do so) has expired.
Phase I and II sites

2.—(1) This paragraph has effect for the purposes of determining which mineral sites are Phase I sites, which are Phase II sites, and which are neither Phase I nor Phase II sites.
(2) A mineral site is neither a Phase I site nor a Phase II site where—
(a) all the relevant planning permissions which relate to the site have been granted after 21st February 1982; or
(b) some only of the relevant planning permissions which relate to the site have been granted after 21st February 1982, and the parts of the site to which those permissions relate constitute the greater part of that site.
(3) With the exception of those mineral sites which, by virtue of sub-paragraph (2) above, are neither Phase I nor Phase II sites, every mineral site is either a Phase I site or a Phase II site.
(4) Subject to sub-paragraph (2) above, where any part of a mineral site is situated within—
(a) a National Park;
(b) a site in respect of which a notification under section 28 of the Wildlife and Countryside Act 1981 (sites of special scientific interest) is in force;
(c) an area designated under section 87 of the National Parks and Access to the Countryside Act 1949 as an area of outstanding natural beauty;
(d) an area designated as a National Scenic Area under section 262C of the 1972 Act; or
(e) an area designated as a Natural Heritage Area under section 6 of the Natural Heritage (Scotland) Act 1991,
that site is a Phase I site.
(5) Subject to sub-paragraphs (2) and (4) above, where—
(a) all the relevant planning permissions which relate to a mineral site, and which were not granted after 21st February 1982, were granted after the relevant day in 1969; or
(b) the parts of a mineral site to which relate such of the relevant planning permissions relating to the site as were granted after the relevant day in 1969 but before 22nd February 1982 constitute a greater part of the site than is constituted by those parts of the site to which no such relevant planning permission relates but to which a relevant planning permission granted on or before the relevant day in 1969 does relate,
the mineral site is a Phase II site.
(6) In sub-paragraph (5) above, "the relevant day in 1969" means—
(a) as respects England and Wales, 31st March 1969; and
(b) as respects Scotland, 7th December 1969.
(7) Every other mineral site, that is to say any mineral site other than one—
(a) which is, by virtue of sub-paragraph (2) above, neither a Phase I nor a Phase II site; or
(b) which is a Phase I site by virtue of sub-paragraph (4) above; or
(c) which is a Phase II site by virtue of sub-paragraph (5) above,

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is a Phase I site.
(8) In ascertaining, for the purposes of sub-paragraph (2) or (5) above, whether any parts of a mineral site constitute the greater part of that site, or whether a part of a mineral site is greater than any other part, that mineral site shall be treated as not including any part of the site—
(a) to which an old mining permission relates; or
(b) which is a part where minerals development has been (but is no longer being) carried out and which has, in the opinion of the mineral planning authority, been satisfactorily restored;
but no part of a site shall be treated, by virtue of paragraph (b) above, as being not included in the site unless the mineral planning authority are satisfied that any aftercare conditions which relate to that part have, so far as relating to that part, been complied with.
The "first list"

3.—(1) A mineral planning authority shall, in accordance with the following provisions of this paragraph, prepare a list of mineral sites in their area ("the first list").
(2) A site shall, but shall only, be included in the first list if it is a mineral site in the area of the mineral planning authority and is either—
(a) an active Phase I site;
(b) an active Phase II site; or
(c) a dormant site.
(3) In respect of each site included in the first list, the list shall indicate whether the site is an active Phase I site, an active Phase II site or a dormant site.
(4) In respect of each active Phase I site included in the first list, that list shall specify the date by which an application is to be made to the mineral planning authority under paragraph 9 below.
(5) Any date specified pursuant to sub-paragraph (4) above shall be a date—
(a) not earlier than the date upon which expires the period of 12 months from the date on which the first list is first advertised in accordance with paragraph 5 below, and
(b) not later than the date upon which expires the period of three years from the date upon which the provisions of this Schedule come into force.
(6) The preparation of the first list shall be completed before the day upon which it is first advertised in accordance with paragraph 5 below.
The "second list"

4.—(1) A mineral planning authority shall, in accordance with the following provisions of this paragraph, prepare a list of the active Phase II sites in their area ("the second list").
(2) The second list shall include each mineral site in the mineral planning authority's area which is an active Phase II site.
(3) In respect of each site included in the second list, that list shall indicate the date by which an application is to be made to the mineral planning authority under paragraph 9 below.
(4) Subject to sub-paragraph (5) below, any date specified pursuant to sub-paragraph (3) above shall be a date—
(a) not earlier than the date upon which expires the period of 12 months from the date on which the second list is first advertised in accordance with paragraph 5 below, and
(b) not later than the date upon which expires the period of six years from the date upon which the provisions of this Schedule come into force.
(5) The Secretary of State may by order provide that sub-paragraph (4) (b) above shall have effect as if for the period of six years referred to in that paragraph there were substituted such longer period as may be specified in the order.

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(6) The power of the Secretary of State to make an order under sub-paragraph (5) above shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) The preparation of the second list shall be completed before the day upon which it is first advertised in accordance with paragraph 5 below.
Advertisement of the first and second lists

5.—(1) This paragraph makes provision for the advertisement of the first and second lists prepared by a mineral planning authority.
(2) The mineral planning authority shall advertise each of the first and second lists by causing to be published, in each of two successive weeks, in one or more newspapers circulating in its area, notice of the list having been prepared.
(3) In respect of each of those lists, such notice shall—
(a) state that the list has been prepared by the authority; and
(b) specify one or more places within the area of the authority at which the list may be inspected, and in respect of each such place specify the times (which shall be reasonable times) during which facilities for inspection of the list will be afforded.
(4) In respect of the first list, such notice shall—
(a) be first published no later than the day upon which expires the period of three months from the date upon which the provisions of this Schedule come into force;
(b) explain the general effect of a mineral site being classified as a dormant site or, as the case may be, as an active Phase I site or an active Phase II site;
(c) explain the consequences which will occur if no application is made under paragraph 9 below in respect of an active Phase I site included in the list by the date specified in the list for that site;
(d) explain the effects for any dormant or active Phase I or II site not included in the list of its not being included in the list and—
(i) set out the right to make an application to the authority for that site to be included in the list;
(ii) set out the date by which such an application must be made; and
(iii) state that the owner of such a site has a right of appeal against any decision of the authority upon such an application; and
(e) explain that the owner of an active Phase I site has a right to apply for postponement of the date specified in the list for the making of an application under paragraph 9 below, and set out the date by which an application for such postponement must be made.
(5) In respect of the second list, such notice shall—
(a) be first published no later than the day upon which expires the period of three years, or such longer period as the Secretary of State may by order specify, from the date upon which the provisions of this Schedule come into force; and
(b) explain the consequences which will occur if no application is made under paragraph 9 below in respect of an active Phase II site included in the list by the date specified in the list for that site.
(6) The power of the Secretary of State to make an order under sub-paragraph (5) above shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

11 Jul 1995 : Column 1602

Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applications

6.—(1) Any person who is the owner of any land, or is entitled to an interest in a mineral, may, if that land or interest is not a mineral site included in the first list and does not form part of any mineral site included in that list, apply to the mineral planning authority for that land or interest to be included in that list.
(2) An application under sub-paragraph (1) above shall be made no later than the day upon which expires the period of three months from the day when the first list was first advertised in accordance with paragraph 5 above.
(3) Where the mineral planning authority consider that—
(a) the land or interest is, or forms part of, any dormant or active Phase I or II site, they shall accede to the application; or
(b) part only of the land or interest is, or forms part of, any dormant or active Phase I or II site, they shall accede to the application so far as it relates to that part of the land or interest,
but shall otherwise refuse the application.
(4) On acceding, whether in whole or in part, to an application made under sub-paragraph (1) above, the mineral planning authority shall amend the first list as follows—
(a) where they consider that the land or interest, or any part of the land or interest, is a dormant site or an active Phase I or II site, they shall add the mineral site consisting of the land or interest or, as the case may be, that part, to the first list and shall cause the list to indicate whether the site is an active Phase I site, an active Phase II site or a dormant site;
(b) where they consider that the land or interest, or any part of the land or interest, forms part of any mineral site included in the first list, they shall amend the entry in the first list for that site accordingly.
(5) Where the mineral planning authority amend the first list in accordance with sub-paragraph (4) above, they shall also—
(a) in a case where an active Phase I site is added to the first list pursuant to paragraph (a) of that sub-paragraph, cause that list to specify, in respect of that site, the date by which an application is to be made to the mineral planning authority under paragraph 9 below;
(b) in a case where—
(i) the entry for an active Phase I site included in the first list is amended pursuant to paragraph (b) of that sub-paragraph; and
(ii) the date specified in that list in respect of that site as the date by which an application is to be made to the mineral planning authority under paragraph 9 below is a date falling less than 12 months after the date upon which the authority make their decision upon the application in question,
cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the authority's decision upon his application.
(6) Any date specified pursuant to sub-paragraph (5) (a) above shall be a date—
(a) not earlier than the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the mineral planning authority's decision upon his application, and
(b) not later than the later of—

11 Jul 1995 : Column 1603


(i) the date upon which expires the period of three years from the date upon which the provisions of this Schedule come into force; and
(ii) the date mentioned in paragraph (a) above.
(7) On acceding, whether in whole or in part, to an application made under sub-paragraph (1) above, the mineral planning authority shall, if the second list has been first advertised in accordance with paragraph 5 above prior to the time at which they make their decision on the application, amend the second list as follows—
(a) where they consider that the land or interest, or any part of the land or interest, is an active Phase II site, they shall add the mineral site consisting of the land or interest or, as the case may be, that part, to the second list;
(b) where they consider that the land or interest, or any part of the land or interest, forms part of any active Phase II site included in the second list, they shall amend the entry in that list for that site accordingly.
(8) Where the mineral planning authority amend the second list in accordance with sub-paragraph (7) above, they shall also—
(a) in a case where an active Phase II site is added to the second list pursuant to paragraph (a) of that sub-paragraph, cause that list to specify, in respect of that site, the date by which an application is to be made to the authority under paragraph 9 below;
(b) in a case where—
(i) the entry for an active Phase II site included in the second list is amended pursuant to paragraph (b) of that sub-paragraph; and
(ii) the date specified in that list in respect of that site as the date by which an application is to be made to the authority under paragraph 9 below is a date falling less than 12 months after the date upon which the authority make their decision upon the application in question,
cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the authority's decision upon his application.
(9) Any date specified pursuant to sub-paragraph (8) (a) above shall be a date—
(a) not earlier than the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) below of the mineral planning authority's decision upon his application, and
(b) not later than the later of—
(i) the date upon which expires the period of six years from the date upon which the provisions of this Schedule come into force; and
(ii) the date mentioned in paragraph (a) above.
(10) When a mineral planning authority determine an application made under sub-paragraph (1) above, they shall notify the applicant in writing of their decision and, in a case where they have acceded to the application, whether in whole or in part, shall supply the applicant with details of any amendment to be made to the first or second list in accordance with sub-paragraph (4) or (8) above.
(11) Where a mineral planning authority—
(a) refuse an application made under sub-paragraph (1) above; or
(b) accede to such an application only so far as it relates to part of the land or interest in respect of which it was made,
the applicant may by notice appeal to the Secretary of State.
(12) A person who has made such an application may also appeal to the Secretary of State if the mineral planning authority have not given notice to the applicant of their

11 Jul 1995 : Column 1604

decision on the application within eight weeks of their having received the application or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.
(13) An appeal under sub-paragraph (11) or (12) above must be made by giving notice of appeal to the Secretary of State before the end of the period of six months beginning with—
(a) in the case of an appeal under sub-paragraph (11) above, the determination; or
(b) in the case of an appeal under sub-paragraph (12) above, the end of the period of eight weeks mentioned in that sub-paragraph or, as the case may be, the end of the extended period mentioned in that sub-paragraph.
Postponement of the date specified in the first or second list for review of the permissions relating to a Phase I or II site in cases where the existing conditions are satisfactory

7.—(1) Any person who is the owner of any land, or of any interest in any mineral, comprised in—
(a) an active Phase I site included in the first list; or
(b) an active Phase II site included in the second list,
may apply to the mineral planning authority for the postponement of the date specified in that list in respect of that site as the date by which an application is to be made to the authority under paragraph 9 below (in this paragraph referred to as "the specified date").
(2) Subject to sub-paragraph (3) below, an application under sub-paragraph (1) above shall be made no later than the day upon which expires the period of three months from the day when—
(a) in the case of an active Phase I site, the first list; or
(b) in the case of an active Phase II site, the second list,
was first advertised in accordance with paragraph 5 above.
(3) In the case of—
(a) an active Phase I site—
(i) added to the first list in accordance with paragraph 6(4) (a) above; or
(ii) in respect of which the entry in the first list was amended in accordance with paragraph 6(4) (b) above; or
(b) an active Phase II site—
(i) added to the second list in accordance with paragraph 6(7) (a) above; or
(ii) in respect of which the entry in the second list was amended in accordance with paragraph 6(7) (b) above,
an application under sub-paragraph (1) above shall be made no later than the day upon which expires the period of three months from the day on which notice was given under paragraph 6(10) above of the mineral planning authority's decision to add the site to or, as the case may be, to so amend the list in question.
(4) An application under sub-paragraph (1) above shall be in writing and shall—
(a) set out the conditions to which each relevant planning permission relating to the site is subject;
(b) set out the applicant's reasons for considering those conditions to be satisfactory;
(c) set out the date which the applicant wishes to be substituted for the specified date; and
(d) be accompanied by the appropriate certificate (within the meaning of sub-paragraph (5) or (6) below).
(5) For the purposes of sub-paragraph (4) above, as respects England and Wales the appropriate certificate is such a certificate—
(a) as would be required, under section 65 of the 1990 Act (notice etc. of applications for planning permission) and any provision of a development

11 Jul 1995 : Column 1605

order made by virtue of that section, to accompany the application if it were an application for planning permission for minerals development, but
(b) with such modifications as are required for the purposes of this paragraph,
and section 65(6) of that Act (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate.
(6) For the purposes of sub-paragraph (4) above, the appropriate certificate is, as respects Scotland, each of the certificates which would be required, under or by virtue of sections 23 and 24 of the 1972 Act (notice etc. of applications for planning permission), to accompany the application if it were an application for planning permission for minerals development, but with such modifications as are required for the purposes of this paragraph; and sections 23(3) and 24(5) of that Act (offences) shall have effect in relation to any certificate purporting to be the appropriate certificate.
(7) Where the mineral planning authority receive an application made under sub-paragraph (1) above—
(a) if they consider the conditions referred to in sub-paragraph (4) (a) above to be satisfactory they shall agree to the specified date being postponed in which event they shall determine the date to be substituted for that date;
(b) in any other case they shall refuse the application.
(8) Where the mineral planning authority agree to the specified date being postponed they shall cause the first or, as the case may be, the second list to be amended accordingly.
(9) When a mineral planning authority determine an application made under sub-paragraph (1) above, they shall notify the applicant in writing of their decision and, in a case where they have agreed to the postponement of the specified date, shall notify the applicant of the date which they have determined should be substituted for the specified date.
(10) Where, within three months of the mineral planning authority having received an application under sub-paragraph (1) above, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority have not given notice, under sub-paragraph (9) above, to the applicant of their decision upon the application, the authority shall be treated as—
(a) having agreed to the specified date being postponed; and
(b) having determined that the date referred to in sub-paragraph (4) (c) above be substituted for the specified date,
and sub-paragraph (8) above shall apply accordingly.
Service on owners etc. of notice of preparation of the first and second lists

8.—(1) The mineral planning authority shall, no later than the date upon which the first list is first advertised in accordance with paragraph 5 above, serve notice in writing of the first list having been prepared on each person appearing to them to be the owner of any land, or entitled to an interest in any mineral, included within a mineral site included in the first list, but this sub-paragraph is subject to sub-paragraph (7) below.
(2) A notice required to be served by sub-paragraph (1) above shall—
(a) indicate whether the mineral site in question is a dormant site or an active Phase I or II site; and
(b) where that site is an active Phase I site—
(i) indicate the date specified in the first list in relation to that site as the date by which an application is to be made to the mineral planning authority under paragraph 9 below;
(ii) explain the consequences which will occur if such an application is not made by the date so specified; and

11 Jul 1995 : Column 1606


(iii) explain the right to apply to have that date postponed, and indicate the date by which such an application must be made.
(3) Where, in relation to any land or mineral included in an active Phase I site, the mineral planning authority—
(a) has served notice on any person under sub-paragraph (1) above; and
(b) has received no application under paragraph 9 below from that person by the date falling eight weeks before the date specified in the first list as the date by which such applications should be made in respect of the site in question,
the authority shall serve a written reminder on that person, and such a reminder shall—
(i) indicate that the land or mineral in question is included in an active Phase I site;
(ii) comply with the requirements of sub-paragraph (2) (b) (i) and (ii) above; and
(iii) be served on that person on or before the date falling four weeks before the date specified in the first list in respect of that site as the date by which an application is to be made to the authority under paragraph 9 below.
(4) The mineral planning authority shall, no later than the date upon which the second list is first advertised in accordance with paragraph 5 above, serve notice in writing of the second list having been prepared on each person appearing to them to be the owner of any land, or entitled to an interest in any mineral, included within an active Phase II site included in the second list, but this sub-paragraph is subject to sub-paragraph (7) below.
(5) A notice required to be served by sub-paragraph (4) above shall—
(a) indicate that the mineral site in question is an active Phase II site; and
(b) indicate the date specified in the second list in relation to that site as the date by which an application is to be made to the mineral planning authority under paragraph 9 below;
(c) explain the consequences which will occur if such an application is not made by the date so specified; and
(d) explain the right to apply to have that date postponed, and indicate the date by which such an application must be made.
(6) Where, in relation to any land or mineral included in an active Phase II site, the mineral planning authority—
(a) has served notice on any person under sub-paragraph (4) above; and
(b) has received no application under paragraph 9 below from that person by the date falling eight weeks before the date specified in the second list as the date by which such applications should be made in respect of the site in question,
the authority shall serve a written reminder on that person, and such a reminder shall—
(i) comply with the requirements of sub-paragraph (5) (a) to (c) above; and
(ii) be served on that person on or before the date falling four weeks before the date specified in the second list in respect of that site as the date by which an application is to be made to the authority under paragraph 9 below.
(7) Sub-paragraph (1) or (4) above shall not require the mineral planning authority to serve notice under that sub-paragraph upon any person whose identity or address for service is not known to and cannot practicably, after reasonable inquiry, be ascertained by them, but in any such case the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in

11 Jul 1995 : Column 1607

question, a copy of the notice which they would (apart from the provisions of this sub-paragraph) have had to serve under that sub-paragraph on the owner of that land or interest.
(8) If, in a case where sub-paragraph (7) above applies, no person makes an application to the authority under paragraph 9 below in respect of the active Phase I or II site which includes the land or interest in question by the date falling eight weeks before the date specified in the first or, as the case may be, the second list as the date by which such applications should be made in respect of that site, the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the written reminder that would, in a case not falling within sub-paragraph (7) above, have been served under sub-paragraph (3) or (6) above.
(9) Where by sub-paragraph (7) or (8) above a copy of any notice is required to be affixed to an object on any land that copy shall—
(a) be displayed in such a way as to be easily visible and legible;
(b) be first displayed—
(i) in a case where the requirement arises under sub-paragraph (7) above, no later than the date upon which the first or, as the case may be, the second list is first advertised in accordance with paragraph 5 above; or
(ii) in a case where the requirement arises under sub-paragraph (8) above, no later than the date falling four weeks before the date specified in the first or, as the case may be, the second list in respect of the site in question as the date by which an application is to be made to the authority under paragraph 9 below; and
(c) be left in position for at least the period of 21 days from the date when it is first displayed, but where the notice is, without fault or intention of the authority, removed, obscured or defaced before that period has elapsed, that requirement shall be treated as having been complied with if the authority has taken reasonable steps for protection of the notice and, if need be, its replacement.
(10) In sub-paragraphs (7) and (8) above, any reference to a conspicuous object on any land includes, in a case where the person serving a notice considers that there are no or insufficient such objects on the land, a reference to a post driven into or erected upon the land by the person serving the notice for the purpose of having affixed to it the notice in question.
(11) Where the mineral planning authority, being required—
(a) by sub-paragraph (3) or (6) above to serve a written reminder on any person; or
(b) by sub-paragraph (8) above to cause a copy of such a reminder to be displayed in the manner set out in that sub-paragraph,
fail to comply with that requirement by the date specified for the purpose, they may at any later time serve or, as the case may be, cause to be displayed, such a written reminder and, in any such case, the date by which an application in relation to the mineral site in question is to be made under paragraph 9 below is the date upon which expires the period of three months from the date when the reminder was served or posted in accordance with the provisions of this sub-paragraph.
Applications for approval of conditions and appeals in cases where the conditions approved are not those proposed

9.—(1) Any person who is the owner of any land, or who is entitled to an interest in a mineral, may, if that land or mineral is or forms part of a dormant site or an active Phase

11 Jul 1995 : Column 1608

I or II site, apply to the mineral planning authority to determine the conditions to which the relevant planning permissions relating to that site are to be subject.
(2) An application under this paragraph shall be in writing and shall—
(a) identify the mineral site to which the application relates;
(b) specify the land or minerals comprised in the site of which the applicant is the owner or, as the case may be, in which the applicant is entitled to an interest;
(c) identify any relevant planning permissions relating to the site;
(d) identify, and give an address for, each other person that the applicant knows or, after reasonable inquiry, has cause to believe to be an owner of any land, or entitled to any interest in any mineral, comprised in the site;
(e) set out the conditions to which the applicant proposes the permissions referred to in paragraph (c) above should be subject; and
(f) be accompanied by the appropriate certificate (within the meaning of sub-paragraph (3) or (4) below).
(3) For the purposes of sub-paragraph (2) above, as respects England and Wales the appropriate certificate is such a certificate—
(a) as would be required, under section 65 of the 1990 Act (notice etc. of applications for planning permission) and any provision of a development order made by virtue of that section, to accompany the application if it were an application for planning permission for minerals development, but
(b) with such modifications as are required for the purposes of this paragraph,
and section 65(6) of that Act (offences) shall also have effect in relation to any certificate purporting to be the appropriate certificate.
(4) For the purposes of sub-paragraph (2) above, the appropriate certificate is, as respects Scotland, each of the certificates which would be required, under or by virtue of sections 23 and 24 of the 1972 Act (notice etc. of applications for planning permission), to accompany the application if it were an application for planning permission for minerals development, but with such modifications as are required for the purposes of this paragraph; and sections 23(3) and 24(5) of that Act (offences) shall have effect in relation to any certificate purporting to be the appropriate certificate.
(5) Section 65 of the 1990 Act or, as respects Scotland, section 24 of the 1972 Act (by virtue of which a development order may provide for publicising applications for planning permission) shall have effect, with any necessary modifications, as if subsection (1) of that section also authorised a development order to provide for publicising applications under this paragraph.
(6) Where the mineral planning authority receive an application under this paragraph in relation to a dormant site or an active Phase I or II site they shall determine the conditions to which each relevant planning permission relating to the site is to be subject; and any such permission shall, from the date when the conditions to which it is to be subject are finally determined, have effect subject to the conditions which are determined under this Schedule as being the conditions to which it is to be subject.
(7) The conditions imposed by virtue of a determination under sub-paragraph (6) above—
(a) may include any conditions which may be imposed on a grant of planning permission for minerals development;
(b) may be in addition to, or in substitution for, any existing conditions to which the permission in question is subject.

11 Jul 1995 : Column 1609


(8) In determining that a relevant planning permission is to be subject to any condition relating to development for which planning permission is granted by a development order, the mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.
(9) Subject to sub-paragraph (10) below, where, within the period of three months from the mineral planning authority having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority have not given notice to the applicant of their decision upon the application, the authority shall be treated as having at the end of that period or, as the case may be, that extended period, determined that the conditions to which any relevant planning permission to which the application relates is to be subject are those specified in the application as being proposed in relation to that permission; and any such permission shall, from that time, have effect subject to those conditions.
(10) Where a mineral planning authority, having received an application under this paragraph, are of the opinion that they are unable to determine the application unless further details are supplied to them, they shall within the period of one month from having received the application give notice to the applicant—
(a) stating that they are of such opinion; and
(b) specifying the further details which they require,
and where the authority so serve such a notice the period of three months referred to in sub-paragraph (9) above shall run not from the authority having received the application but from the time when the authority have received all the further details specified in the notice.
(11) Without prejudice to the generality of sub-paragraph (10) above, the further details which may be specified in a notice under that sub-paragraph include any—
(a) information, plans or drawings; or
(b) evidence verifying any particulars of details supplied to the authority in respect of the application in question,
which it is reasonable for the authority to request for the purpose of enabling them to determine the application.
Notice of determination of conditions to be accompanied by additional information in certain cases

10.—(1) This paragraph applies in a case where—
(a) on an application made to the mineral planning authority under paragraph 9 above in respect of an active Phase I or II site the authority determine under that paragraph the conditions to which the relevant planning permissions relating to the site are to be subject;
(b) those conditions differ in any respect from the proposed conditions set out in the application; and
(c) the effect of the conditions, other than any restoration or aftercare conditions, so determined by the authority, as compared with the effect of the conditions, other than any restoration or aftercare conditions, to which the relevant planning permissions in question were subject immediately prior to the authority making the determination, is to restrict working rights in respect of the site.
(2) In a case where this paragraph applies, the mineral planning authority shall, upon giving to the applicant notice of the conditions determined by the authority under paragraph 9 above, also give to the applicant notice—
(a) stating that the conditions determined by the authority differ in some respect from the proposed conditions set out in the application;
(b) stating that the effect of the conditions, other than any restoration or aftercare conditions, determined by the authority, as compared with the effect of the conditions, other than any restoration or aftercare conditions, to which the relevant planning

11 Jul 1995 : Column 1610

permissions relating to the site in question were subject immediately prior to the making of the authority's determination, is to restrict working rights in respect of the site;
(c) identifying the working rights so restricted; and
(d) stating whether, in the opinion of the authority, the effect of that restriction of working rights would be such as to prejudice adversely to an unreasonable degree—
(i) the economic viability of operating the site; or
(ii) the asset value of the site.
(3) In determining whether, in their opinion, the effect of that restriction of working rights would be such as is mentioned in sub-paragraph (2) (d) above, a mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.
(4) In this paragraph, "the applicant" means the person who made the application in question under paragraph 9 above.
Right to appeal against mineral planning authority's determination of conditions etc.

11.—(1) Where the mineral planning authority—
(a) on an application under paragraph 9 above determine under that paragraph conditions that differ in any respect from the proposed conditions set out in the application; or
(b) give notice, under paragraph (d) of paragraph 10(2) above, stating that, in their opinion, the restriction of working rights in question would not be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of the said paragraph (d),
the person who made the application may appeal to the Secretary of State.
(2) An appeal under sub-paragraph (1) above must be made by giving notice of appeal to the Secretary of State before the end of the period of six months beginning with the date on which the authority give notice to the applicant of their determination or, as the case may be, stating their opinion.
Permissions ceasing to have effect

12.—(1) Subject to paragraph 8(11) above, where no application under paragraph 9 above in respect of an active Phase I or II site has been served on the mineral planning authority by the date specified in the first or, as the case may be, the second list as the date by which applications under that paragraph in respect of that site are to be made, or by such later date as may at any time be agreed upon in writing between the applicant and the authority, each relevant planning permission relating to the site shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the last date on which such an application may be made.
(2) The reference in sub-paragraph (1) above to the date specified in the first or, as the case may be, the second list as the date by which applications under paragraph 9 above are to be made in respect of any Phase I or II site is a reference to the date specified for that purpose in respect of that site in that list as prepared by the mineral planning authority or, where that date has been varied by virtue of any provision of this Schedule, to that date as so varied.
(3) Subject to sub-paragraph (4) below, no relevant planning permission which relates to a dormant site shall have effect to authorise the carrying out of minerals development unless—
(a) an application has been made under paragraph 9 above in respect of that site; and
(b) that permission has effect in accordance with sub-paragraph (6) of that paragraph.

11 Jul 1995 : Column 1611


(4) A relevant planning permission which relates to a Phase I or II site not included in the first list shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the last date on which an application under sub-paragraph (1) of paragraph 6 above may be made in respect of that site unless an application has been made under that sub-paragraph by that date in which event, unless the site is added to that list, such a permission shall cease to have effect when the following conditions are met—
(a) the proceedings on that application, including any proceedings on or in consequence of the application under section 288 of the 1990 Act or, as the case may be, section 233 of the 1972 Act, have been determined, and
(b) any time for appealing under paragraph 5(11) or (12) above, or applying or further applying under paragraph 5(1) above, (where there is a right to do so) has expired.
Reference of applications to the Secretary of State

13.—(1) The Secretary of State may give directions requiring applications under paragraph 9 above to any mineral planning authority to be referred to him for determination instead of being dealt with by the authority.
(2) Any such direction may relate either to a particular application or to applications of a class specified in the direction.
(3) Where an application is referred to the Secretary of State in accordance with such a direction—
(a) subject to paragraph (b) below, the following provisions of this Schedule—
(i) paragraph 9(6) and (7),
(ii) paragraph 10, and
(iii) paragraph 14 so far as relating to applications under paragraph 9 above,
shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the mineral planning authority;
(b) before determining the application the Secretary of State must, if either the applicant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose; and
(c) the decision of the Secretary of State on the application shall be final.
Two or more applicants

14.—(1) Where a mineral planning authority has received from any person a duly made application under paragraph 7(1) or 9 above—
(a) that person may not make any further application under the paragraph in question in respect of the same site; and
(b) if the application has been determined, whether or not in the case of an application under paragraph 9 above it has been finally determined, no other person may make an application under the paragraph in question in respect of the same site.
(2) Where—
(a) a mineral planning authority has received from any person in respect of a mineral site a duly made application under paragraph 7(1) or 9 above; and
(b) the authority receives from another person a duly made application under the paragraph in question in respect of the same site,
then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application received by the authority on the date on which the later application was received by the authority and references to the applicant shall be read as references to either or any of the applicants.

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Compensation

15.—(1) This paragraph applies in a case where—
(a) an application made under paragraph 9 above in respect of an active Phase I or II site is finally determined; and
(b) the requirements of either sub-paragraph (2) or (3) below are satisfied.
(2) The requirements, referred to in sub-paragraph (1) (b) above, of this sub-paragraph are—
(a) that the conditions to which the relevant planning permissions relating to the site are to be subject were determined by the mineral planning authority;
(b) no appeal was made under paragraph 11(1) (a) above in respect of that determination or any such appeal was withdrawn or dismissed; and
(c) the authority gave notice under paragraph (d) of paragraph 10(2) above and either—
(i) that notice stated that, in the authority's opinion, the restriction of working rights in question would be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of the said paragraph (d); or
(ii) that notice stated that, in the authority's opinion, the restriction in question would not be such as would so prejudice either of those matters but an appeal under paragraph 11(1) above in respect of the giving of the notice has been allowed.
(3) The requirements, referred to in sub-paragraph (1) (b) above, of this sub-paragraph are that the conditions to which the relevant planning permissions are to be subject were determined by the Secretary of State (whether upon an appeal under paragraph 11(1) (a) above or upon a reference under paragraph 13 above) and—
(a) in a case where those conditions were determined upon an appeal under paragraph 11(1) (a) above either—
(i) the mineral planning authority gave notice under paragraph (d) of paragraph 10(2) above stating that, in their opinion, the restriction of working rights in question would be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of the said paragraph (d), or
(ii) the authority gave a notice under the said paragraph (d) stating that, in their opinion, the restriction in question would not be such as would so prejudice either of those matters but an appeal under paragraph 11(1) (b) above in respect of the giving of that notice has been allowed; or
(b) in a case where those conditions were determined upon a reference under paragraph 13 above, the Secretary of State gave notice under paragraph (d) of paragraph 10(2) above stating that, in his opinion, the restriction of working rights in question would be such as to prejudice adversely to an unreasonable degree either of the matters referred to in sub-paragraphs (i) and (ii) of the said paragraph (d).
(4) In a case to which this paragraph applies—
(a) as respects England and Wales, Parts IV and XI of the 1990 Act, or
(b) as respects Scotland, Parts VIII and XI of the 1972 Act,
shall have effect as if an order made under section 97 of the 1990 Act or, as the case may be, section 42 of the 1972 Act, had been confirmed by the Secretary of State under section 98 of the 1990 Act or, as the case may be, section 42 of the 1972 Act at the time when the application in question was

11 Jul 1995 : Column 1613

finally determined and, as so confirmed, had effect to modify those permissions to the extent specified in sub-paragraph (5) below.
(5) For the purposes of sub-paragraph (4) above, the order which is treated by virtue of that sub-paragraph as having been made under section 97 of the 1990 Act or section 42 of the 1972 Act is one whose only effect adverse to the interests of any person having an interest in the land or minerals comprised in the mineral site is to restrict working rights in respect of the site to the same extent as the relevant restriction.
(6) For the purposes of section 116 of the 1990 Act and section 167A of the 1972 Act and of any regulations made under those sections, the permissions treated as being modified by the order mentioned in sub-paragraph (4) above shall be treated as if they were planning permissions for development which neither consists of nor includes any minerals development.
Appeals: general procedural provisions

16.—(1) This paragraph applies to appeals under any of the following provisions of this Schedule—
(a) paragraph 6(11) or (12) above; or
(b) paragraph 11(1) above.
(2) Notice of appeal in respect of an appeal to which this paragraph applies shall be given on a form supplied by or on behalf of the Secretary of State for use for that purpose, and giving, so far as reasonably practicable, the information required by that form.
(3) Paragraph 6 of Schedule 2 to the 1991 Act (determination of appeals) shall, as respects England and Wales, apply to an appeal to which this paragraph applies as it applies to an appeal under paragraph 5 of that Schedule.
(4) As respects England and Wales, sections 284 to 288 of the 1990 Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 284(3) of that Act included any decision of the Secretary of State—
(a) on an appeal to which this paragraph applies; or
(b) on an application under paragraph 9 above referred to him under paragraph 13 above.
(5) Paragraph 6 of Schedule 10A to the 1972 Act (determination of appeals) shall, as respects Scotland, apply to an appeal to which this paragraph applies as it applies to appeals under paragraph 5 of that Schedule.
(6) As respects Scotland, sections 231 to 233 of the 1972 Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 231(3) included any decision of the Secretary of State—
(a) on an appeal to which this paragraph applies; or
(b) on an application under paragraph 9 above referred to him under paragraph 13 above.
(7) As respects Scotland, Schedule 7 to the 1972 Act shall apply to appeals to which this paragraph applies.
222After Schedule 11, insert the following schedule:—
'SCHEDULE
PERIODIC REVIEW OF MINERAL PLANNING PERMISSIONS
Duty to carry out periodic reviews

1. The mineral planning authority shall, in accordance with the provisions of this Schedule, cause periodic reviews to be carried out of the mineral permissions relating to a mining site.
Interpretation

2.—(1) For the purposes of this Schedule—
"first review date", in relation to a mining site, shall, subject to paragraph 5 below, be ascertained in accordance with paragraph 3 below;
"mineral permission" means any planning permission, other than a planning permission granted by a development order, for minerals development;

11 Jul 1995 : Column 1614


"mineral planning authority"—
(a) as respects England and Wales, means a mineral planning authority within the meaning of the 1990 Act, and
(b) as respects Scotland, means a planning authority for the purposes of the 1972 Act;
"mining site" means—
(a) in a case where it appears to the mineral planning authority 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
(b) in any other case, the land to which a mineral permission relates;
"old mining permission" has the meaning given—
(a) as respects England and Wales, by section 22(1) of the 1991 Act, and
(b) as respects Scotland, by section 49H(1) of the 1972 Act; and
"owner", in relation to any land—
(a) as respects England and Wales, means any person who—
(i) is the estate owner in respect of the fee simple, or
(ii) is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remains unexpired; and
(b) as respects Scotland, has the meaning given by paragraph 10(1) of Schedule 10A to the 1972 Act.
(2) In determining whether it appears to them to be expedient to treat as a single site the aggregate of the land to which two or more mineral permissions relate a mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.
(3) Any reference (however expressed) in this Schedule to a mining site being a site to which relates—
(a) an old mining permission; or
(b) 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 6 below is finally determined when—
(a) the proceedings on the application, including any proceedings on or in consequence of an application under section 288 of the 1990 Act or section 233 of the 1972 Act, have been determined, and
(b) any time for appealing under paragraph 9(1) below, or applying or further applying under paragraph 6 below, (where there is a right to do so) has expired.
The first review date

3.—(1) Subject to sub-paragraph (7) below, in a case where the mineral permissions relating to a mining site include an old mining permission, the first review date means—
(a) the date falling fifteen years after the date upon which, pursuant to an application made under paragraph 2 of Schedule 2 to the 1991 Act or, as the case may be, paragraph 2 of Schedule 10A to the 1972 Act, the conditions to which that old mining permission is to be subject are finally determined under that Schedule; or
(b) where there are two or more old mining permissions relating to that site, and the date upon which those conditions are finally determined is not the same date for each of those permissions, the date falling fifteen years after the date upon which was made the last such final determination to be so made in respect of any of those permissions,

11 Jul 1995 : Column 1615


and paragraph 10(2) of Schedule 2 to the 1991 Act or, as the case may be, paragraph 10(2) of Schedule 10A to the 1972 Act (meaning of "finally determined") shall apply for the purposes of this sub-paragraph as it applies for the purposes of section 22 of and Schedule 2 to the 1991 Act or, as the case may be, section 49H of and Schedule 10A to the 1972 Act.
(2) Subject to sub-paragraph (7) below, in the case of a mining site which is a dormant or Phase I or II site within the meaning of Schedule (Review of old mineral planning permissions) to this Act, the first review date means the date falling fifteen years after the date upon which, pursuant to an application made under paragraph 8 of that Schedule, there is determined under that paragraph the conditions to which the relevant planning permissions (within the meaning of that Schedule) relating to the site are to be subject.
(3) Subject to sub-paragraphs (4) and (7) below, in the case of a mining site—
(a) which is not a dormant or Phase I or II site within the meaning of Schedule (Review of old mineral planning permissions) to this Act; and
(b) to which no old mining permission relates,
the first review date is the date falling fifteen years after the date upon which was granted the most recent mineral permission which relates to the site.
(4) Where, in the case of a mining site falling within sub-paragraph (3) above, the most recent mineral permission relating to that site relates, or the most recent such permissions (whether or not granted on the same date) between them relate, to part only of the site, and in the opinion of the mineral planning authority it is expedient, for the purpose of ascertaining, under that sub-paragraph, the first review date in respect of that site, to treat that permission or those permissions as having been granted at the same time as the last of the other mineral permissions relating to the site, the first review date for that site shall be ascertained under that sub-paragraph accordingly.
(5) A mineral planning authority shall, in deciding whether they are of such an opinion as is mentioned in sub-paragraph (4) above, have regard to any guidance issued by the Secretary of State for the purpose.
(6) Subject to sub-paragraph (7) below, in the case of a mining site—
(a) to which relates a mineral permission in respect of which an order has been made under section 97 of the 1990 Act or section 42 of the 1972 Act, or
(b) in respect of which, or any part of which, an order has been made under paragraph 1 of Schedule 9 to the 1990 Act or section 49 of the 1972 Act,
the first review date shall be the date falling fifteen years after the date upon which the order took effect or, in a case where there is more than one such order, upon which the last of those orders to take effect took effect.
(7) In the case of a mining site for which the preceding provisions of this paragraph have effect to specify two or more different dates as the first review date, the first review date shall be the latest of those dates.
Service of notice of first periodic review

4.—(1) The mineral planning authority shall, in connection with the first periodic review of the mineral permissions relating to a mining site, no later than 12 months before the first review date, serve notice upon each person appearing to them to be the owner of any land, or entitled to an interest in any mineral, included in that site.
(2) A notice required to be served under sub-paragraph (1) above shall—
(a) specify the mining site to which it relates;
(b) identify the mineral permissions relating to that site;
(c) state the first review date;
(d) state that the first review date is the date by which an application must be made for approval of the conditions to which the mineral permissions

11 Jul 1995 : Column 1616

relating to the site are to be subject and explain the consequences which will occur if no such application is made by that date; and
(e) explain the right to apply for postponement of the first review date and give the date by which such an application has to be made.
(3) Where, in relation to any land or mineral included in a mining site, the mineral planning authority—
(a) has served notice on any person under sub-paragraph (1) above; and
(b) has received no application under paragraph 6 below from that person by the date falling eight weeks before the first review date,
the authority shall serve a written reminder on that person.
(4) A reminder required to be served under sub-paragraph (3) above shall—
(a) indicate that the land or mineral in question is included in a mining site;
(b) comply with the requirements of sub-paragraph (2) (a) to (d) above; and
(c) be served on the person in question on or before the date falling four weeks before the first review date.
(5) Sub-paragraph (1) above shall not require the mineral planning authority to serve notice under that sub-paragraph upon any person whose identity or address for service is not known to and cannot practicably, after reasonable inquiry, be ascertained by them, but in any such case the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the notice which they would (apart from the provisions of this sub-paragraph) have had to serve under that sub-paragraph on the owner of that land or interest.
(6) If, in a case where sub-paragraph (5) above applies, no person makes an application to the authority under paragraph 6 below in respect of the mining site which includes the land or interest in question by the date falling eight weeks before the first review date, the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the written reminder that would, in a case not falling within sub-paragraph (5) above, have been served under sub-paragraph (3) above.
(7) Where by sub-paragraph (5) or (6) above a copy of any notice is required to be affixed to an object on any land that copy shall—
(a) be displayed in such a way as to be easily visible and legible;
(b) be first displayed—
(i) in a case where the requirement arises under sub-paragraph (5) above, no later than 12 months before the first review date; or
(ii) in a case where the requirement arises under sub-paragraph (6) above, no later than the date falling four weeks before the first review date; and
(c) be left in position for at least the period of 21 days from the date when it is first displayed, but where the notice is, without fault or intention of the authority, removed, obscured or defaced before that period has elapsed, that requirement shall be treated as having been complied with if the authority has taken reasonable steps for protection of the notice and, if need be, its replacement.
(8) In sub-paragraphs (5) and (6) above, any reference to a conspicuous object on any land includes, in a case where the person serving a notice considers that there are no or insufficient such objects on the land, a reference to a post driven into or erected upon the land by the person serving the notice for the purpose of having affixed to it a copy of the notice in question.

11 Jul 1995 : Column 1617

Application for postponement of the first review date

5.—(1) Any person who is the owner of any land, or of any interest in any mineral, comprised in a mining site may, no later than the day upon which expires the period of three months from the day upon which notice was served upon him under paragraph 4 above, apply under this paragraph to the mineral planning authority for the postponement of the first review date.
(2) An application under this paragraph shall be in writing and shall set out—
(a) the conditions to which each mineral permission relating to the site is subject;
(b) the applicant's reasons for considering those conditions to be satisfactory; and
(c) the date which the applicant wishes to have substituted for the first review date.
(3) Where the mineral planning authority receive an application made under this paragraph—
(a) if they consider the conditions referred to in sub-paragraph (2) (a) above to be satisfactory they shall agree to the first review date being postponed in which event they shall determine the date to be substituted for that date;
(b) in any other case they shall refuse the application.
(4) When a mineral planning authority determine an application made under this paragraph, they shall notify the applicant in writing of their decision and, in a case where they have agreed to the postponement of the first review date, shall notify the applicant of the date which they have determined should be substituted for the first review date.
(5) Where, within the period of three months of the mineral planning authority having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority have not given notice, under sub-paragraph (4) above, to the applicant of their decision upon the application, the authority shall be treated as having, at the end of that period or, as the case may be, that extended period—
(a) agreed to the first review date being postponed; and
(b) determined that the date referred to in sub-paragraph (2) (c) above be substituted for the first review date.
Application to determine the conditions to which the mineral permissions relating to a mining site are to be subject

6.—(1) Any person who is the owner of any land, or who is entitled to an interest in a mineral, may, if that land or mineral is or forms part of a mining site, apply to the mineral planning authority to determine the conditions to which the mineral permissions relating to that site are to be subject.
(2) An application under this paragraph shall be in writing and shall—
(a) identify the mining site in respect of which the application is made and state that the application is made in connection with the first periodic review of the mineral permissions relating to that site;
(b) specify the land or minerals comprised in the site of which the applicant is the owner or, as the case may be, in which the applicant is entitled to an interest;
(c) identify the mineral permissions relating to the site;
(d) identify, and give an address for, each other person that the applicant knows or, after reasonable inquiry, has cause to believe to be an owner of any land, or entitled to any interest in any mineral, comprised in the site;
(e) set out the conditions to which the applicant proposes the permissions referred to in paragraph (c) above should be subject; and

11 Jul 1995 : Column 1618


(f) be accompanied by the appropriate certificate (within the meaning of sub-paragraph (3) or (4) below).
(3) For the purposes of sub-paragraph (2) above, as respects England and Wales the appropriate certificate is such a certificate—
(a) as would be required, under section 65 of the 1990 Act and any provision of a development order made by virtue of that section, to accompany the application if it were an application for planning permission for minerals development, but
(b) with such modifications as are required for the purposes of this paragraph,
and section 65(6) of the 1990 Act shall also have effect in relation to any certificate purporting to be the appropriate certificate.
(4) For the purposes of sub-paragraph (2) above, the appropriate certificate is, as respects Scotland, each of the certificates which would be required, under or by virtue of sections 23 and 24 of the 1972 Act (notice etc. of applications for planning permission), to accompany the application if it were an application for planning permission for minerals development, but with such modifications as are required for the purposes of this paragraph; and sections 23(3) and 24(5) of that Act (offences) shall have effect in relation to any certificate purporting to be the appropriate certificate.
(5) Where the mineral planning authority receive an application under this paragraph in relation to a mining site they shall determine the conditions to which each mineral permission relating to the site is to be subject.
(6) The conditions imposed by virtue of a determination under sub-paragraph (5) above—
(a) may include any conditions which may be imposed on a grant of planning permission for minerals development;
(b) may be in addition to, or in substitution for, any existing conditions to which the permission in question is subject.
(7) In determining that a mineral permission is to be subject to any condition relating to development for which planning permission is granted by a development order, the mineral planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.
(8) Subject to sub-paragraph (9) below, where, within the period of three months of the mineral planning authority having received an application under this paragraph, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority have not given notice to the applicant of their decision upon the application, the authority shall be treated as having at the end of that period or, as the case may be, that extended period, determined that the conditions to which any mineral permission to which the application relates is to be subject are those specified in the application as being proposed in relation to that permission; and any such permission shall, from that time, have effect subject to those conditions.
(9) Where a mineral planning authority, having received an application under this paragraph, are of the opinion that they are unable to determine the application unless further details are supplied to them, they shall within the period of one month from having received the application give notice to the applicant—
(a) stating that they are of such opinion; and
(b) specifying the further details which they require,
and where the authority so serve such a notice the period of three months referred to in sub-paragraph (8) above shall run not from the authority having received the application but from the time when the authority have received all the further details specified in the notice.
(10) Without prejudice to the generality of sub-paragraph (9) above, the further details which may be specified in a notice under that sub-paragraph include any—

11 Jul 1995 : Column 1619


(a) information, plans or drawings; or
(b) evidence verifying any particulars of details supplied to the authority in respect of the application in question,
which it is reasonable for the authority to request for the purpose of enabling them to determine the application.
Permissions ceasing to have effect

7. Where no application under paragraph 6 above in respect of a mining site has been served on the mineral planning authority by the first review date, or by such later date as may at any time be agreed upon in writing between the applicant and the authority, each mineral permission—
(a) relating to the site; and
(b) identified in the notice served in relation to the site under paragraph 4 above,
shall cease to have effect, except insofar as it imposes any restoration or aftercare condition, on the day following the first review date or, as the case may be, such later agreed date.
Reference of applications to the Secretary of State

8.—(1) The Secretary of State may give directions requiring applications made under paragraph 6 above to any mineral planning authority to be referred to him for determination instead of being dealt with by the authority.
(2) A direction under sub-paragraph (1) above may relate either to a particular application or to applications of a class specified in the direction.
(3) Where an application is referred to the Secretary of State in accordance with a direction under sub-paragraph (1) above—
(a) subject to paragraph (b) below, paragraph 6(5) and (6) above, and paragraph 11 below so far as relating to applications under paragraph 6 above, shall apply, with any necessary modifications, to his determination of the application as they apply to the determination of applications by the mineral planning authority;
(b) before determining the application the Secretary of State must, if either the applicant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose; and
(c) the decision of the Secretary of State on the application shall be final.
Appeals

9.—(1) Where on an application under paragraph 6 above the mineral planning authority determine conditions that differ in any respect from the proposed conditions set out in the application, the applicant may appeal to the Secretary of State.
(2) An appeal under sub-paragraph (1) above must be made by giving notice of appeal to the Secretary of State, before the end of the period of six months beginning with the determination, on a form supplied by or on behalf of the Secretary of State for use for that purpose, and giving, so far as reasonably practicable, the information required by that form.
(3) Paragraph 6 of Schedule 2 to the 1991 Act (determination of appeals) shall, as respects England and Wales, apply to appeals under sub-paragraph (1) above as it applies to appeals under paragraph 5 of that Schedule.
(4) As respects England and Wales, sections 284 to 288 of the 1990 Act shall have effect as if the action mentioned in section 284(3) of that Act included any decision of the Secretary of State—
(a) on an appeal under sub-paragraph (1) above; or
(b) on an application under paragraph 6 above referred to him under paragraph 8 above.

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(5) Paragraph 6 of Schedule 10A to the 1972 Act (determination of appeals) shall, as respects Scotland, apply to appeals under sub-paragraph (1) above as it applies to appeals under paragraph 5 of that Schedule.
(6) As respects Scotland, sections 231 to 233 of the 1972 Act shall have effect as if the action mentioned in section 231(3) included any decision of the Secretary of State—
(a) on an appeal under sub-paragraph (1) above; or
(b) on an application under paragraph 6 above referred to him under paragraph 8 above.
(7) As respects Scotland, Schedule 7 to the 1972 Act shall apply to appeals under sub-paragraph (1) above.
Time from which conditions determined under this Schedule are to take effect

10.—(1) Where an application has been made under paragraph 6 above in respect of a mining site, each of the mineral permissions relating to the site shall, from the time when the application is finally determined, have effect subject to the conditions to which it is determined under this Schedule that that permission is to be subject.
(2) Sub-paragraph (1) above is without prejudice to paragraph 6(8) above.
Two or more applicants

11.—(1) Where a mineral planning authority have received from any person a duly made application under paragraph 5 or 6 above—
(a) that person may not make any further application under the paragraph in question in respect of the same site; and
(b) if the application has been determined, whether or not in the case of an application under paragraph 6 above it has been finally determined, no other person may make an application under the paragraph in question in respect of the same site.
(2) Where—
(a) a mineral planning authority have received from any person in respect of a mineral site a duly made application under paragraph 5 or 6 above; and
(b) the authority receives from another person a duly made application under the paragraph in question in respect of the same site,
then for the purpose of the determination of the applications and any appeal against such a determination, this Schedule shall have effect as if the applications were a single application received by the authority on the date on which the later application was received by the authority and references to the applicant shall be read as references to either or any of the applicants.
Second and subsequent periodic reviews

12.—(1) In this paragraph, in relation to a mining site, but subject to paragraph 5 above as applied by sub-paragraph (2) below, "review date" means—
(a) in the case of the second periodic review, the date falling fifteen years after the date upon which was finally determined an application made under paragraph 6 above in respect of the site; and
(b) in the case of subsequent periodic reviews, the date falling fifteen years after the date upon which there was last finally determined under this Schedule an application made in respect of that site under paragraph 6 above as applied by sub-paragraph (2) below.
(2) Paragraphs 4 to 11 above shall apply in respect of the second or any subsequent periodic review of the mineral permissions relating to a mining site as they apply to the first such periodic review, but as if—
(a) any reference in those paragraphs to the "first review date" were a reference to the review date; and
(b) the references in paragraphs 4(1) and 6(2) (a) above to the first periodic review were references to the periodic review in question.

11 Jul 1995 : Column 1621

Compensation

13.—(1) This paragraph applies where—
(a) an application made under paragraph 6 above in respect of a mining site is finally determined; and
(b) the conditions to which the mineral permissions relating to the site are to be subject, as determined under this Schedule, differ in any respect from the proposed conditions set out in the application; and
(c) the effect of the new conditions, except insofar as they are restoration or aftercare conditions, as compared with the effect of the existing conditions, except insofar as they were restoration or aftercare conditions, is to restrict working rights in respect of the site.
(2) For the purposes of this paragraph—
"the new conditions", in relation to a mining site, means the conditions, determined under this Schedule, to which the mineral permissions relating to the site are to be subject; and
"the existing conditions", in relation to a mining site, means the conditions to which the mineral permissions relating to the site were subject immediately prior to the final determination of the application made under paragraph 6 above in respect of that site.
(3) For the purposes of this paragraph, working rights are restricted in respect of a mining site if any of—
(a) the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste;
(b) the depth to which operations for the winning and working of minerals may extend;
(c) the height of any deposit of mineral waste;
(d) the rate at which any particular mineral may be extracted;
(e) the rate at which any particular mineral waste may be deposited;
(f) the period at the expiry of which any winning or working of minerals or depositing of mineral waste is to cease; or
(g) the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the site,
is restricted or reduced in respect of the mining site in question.
(4) In a case to which this paragraph applies, but subject to sub-paragraph (7) below, as respects England and Wales, Parts IV and XI of the 1990 Act and, as respects Scotland, Parts VIII and XI of the 1972 Act, shall have effect as if an order made under section 97 of the 1990 Act or, as the case may be, section 42 of the 1972 Act—
(a) had been confirmed by the Secretary of State under section 98 of the 1990 Act or, as the case may be, section 42 of the 1972 Act at the time when the application in question was finally determined; and
(b) as so confirmed, had effect to modify those permissions to the extent specified in sub-paragraph (6) below.
(5) For the purposes of this paragraph, the order referred to in sub-paragraph (6) above is one whose only effect adverse to the interests of any person having an interest in the land or minerals comprised in the mineral site is to restrict working rights in respect of the site to the same extent as the relevant restriction.
(6) For the purposes of section 116 of the 1990 Act and section 167A of the 1972 Act and of any regulations made under those sections, the permissions treated as being modified by the order mentioned in sub-paragraph (4) above shall be treated as if they were planning permissions for development which neither consists of nor includes any minerals development.'.

11 Jul 1995 : Column 1622


223Schedule 12, page 181, leave out lines 37 to 39 and insert:
'13. For section 14 of that Act (gratings) there shall be substituted—
"Screens.

14.—(1) This section applies in any case where—
(a) by means of any conduit or artificial channel, water is diverted from waters frequented by salmon or migratory trout; and
(b) any of the water so diverted is used for the purposes of a water or canal undertaking or for the purposes of any mill or fish farm;
and in this section "the responsible person" means the owner of the water or canal undertaking or (as the case may be) the occupier of the mill or the owner or occupier of the fish farm.
(2) Where this section applies, the responsible person shall, unless an exemption from the obligation is granted by the Agency, ensure (at his own cost) that there is placed and maintained at the entrance of, or within, the conduit or channel a screen which—
(a) subject to subsection (4) below, prevents the descent of the salmon or migratory trout; and
(b) in a case where any of the water diverted is used for the purposes of a fish farm, prevents the egress of farmed fish from the fish farm by way of the conduit or channel.
(3) Where this section applies, the responsible person shall also, unless an exemption from the obligation is granted by the Agency, ensure (at his own cost) that there is placed and maintained across any outfall of the conduit or channel a screen which—
(a) prevents salmon or migratory trout from entering the outfall; and
(b) in a case where any of the water diverted is used for the purposes of a fish farm, prevents the egress of farmed fish from the fish farm by way of the outfall.
(4) Where a screen is placed within any conduit or channel pursuant to subsection (2) above, the responsible person shall ensure that a continuous by-wash is provided immediately upstream of the screen, by means of which salmon or migratory trout may return by as direct a route as practicable to the waters from which they entered the conduit or channel (and accordingly nothing in subsection (2) or (3) above applies in relation to a by-wash provided for the purposes of this subsection).
(5) Any screen placed, or by-wash provided, in pursuance of this section shall be so constructed and located as to ensure, so far as reasonably practicable, that salmon or migratory trout are not injured or damaged by it.
(6) No such screen shall be so placed as to interfere with the passage of boats on any navigable canal.
(7) Any exemption under subsection (2) or (3) above may be granted subject to conditions.
(8) If any person who is required to do so by this section fails to ensure that a screen is placed or maintained, or that a by-wash is provided, in accordance with the provisions of this section, he shall be guilty of an offence.
(9) In any proceedings for an offence under subsection (8) above, it shall, subject to subsection (10) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or a person under his control.
(10) If in any case the defence provided by subsection (9) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by

11 Jul 1995 : Column 1623

another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless—
(a) at least seven clear days before the hearing, and
(b) where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
(11) Any reference in subsection (10) above to appearing before a court includes a reference to being brought before a court.
(12) The obligations imposed by subsections (2) to (6) above, except so far as relating to farmed fish, shall not be in force during such period (if any) in each year as may be prescribed by byelaw.
(13) The obligations imposed by subsections (2) to (6) above on the occupier of a mill shall apply only where the conduit or channel was constructed on or after 18th July 1923.
(14) Any reference in this section to ensuring that a screen is placed and maintained includes, in a case where the screen takes the form of apparatus the operation of which prevents the passage of fish of the descriptions in question, a reference to ensuring that the apparatus is kept in continuous operation.
(15) In this section "by-wash" means a passage through which water flows.".'.
224Page 181, line 42, leave out 'in subsection (1),' and insert 'for the word "grating" or "gratings", wherever occurring (including in the side-note), there shall be substituted respectively the word "screen" or "screens".
(1A) In subsection (1) of that section (placing of gratings, deepening of channels etc.)'.
225Page 181, line 49, at end insert:
'(3) At the end of that section there shall be added—
"(5) In this section "open", in relation to a screen which consists of apparatus, includes the doing of anything which interrupts, or otherwise interferes with, the operation of the apparatus.".'.
226Page 182, line 19, at end insert:
'16A. In section 30 of that Act, the paragraph defining "fish farm" (which is superseded by amendments made by this Schedule) shall be omitted.'.
227Page 182, line 33, at end insert:
'17A. After subsection (1A) of section 39 of that Act (application of Act to River Esk in Scotland) there shall be inserted—
"(1B) Sections 31 to 34 and 36(2) of this Act shall, subject to the modifications set out in subsection (1C) below, apply throughout the catchment area of the River Esk in Scotland but a water bailiff shall exercise his powers under those sections as so applied only in relation to an offence—
(a) against this Act;
(b) against section 1 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951; or
(c) which is deemed to be an offence under this Act by virtue of section 211(6) of the Water Resources Act 1991,
which he has reasonable cause to suspect has been committed in a place to which this Act applies by virtue of subsection (1) (b) above.
(1C) The modifications referred to in subsection (1B) above are—
(a) references in sections 31 to 34 of this Act to "this Act" shall be construed as including references to section 1 of the Salmon and

11 Jul 1995 : Column 1624

Freshwater Fisheries (Protection) (Scotland) Act 1951 (as applied to the River Esk by section 21 of that Act); and
(b) in section 33—
(i) references to a justice of the peace shall be construed as including references to a sheriff; and
(ii) in subsection (2), the reference to an information on oath shall be construed as including a reference to evidence on oath.".
17B. In section 41(1) of that Act (general definitions) the following definitions shall be inserted at the appropriate places, that is to say—
(a) ""fish farm" has the same meaning as in the Diseases of Fish Act 1937;"; and
(b) ""screen" means a grating or other device which, or any apparatus the operation of which, prevents—
(a) the passage of salmon or migratory trout, and
(b) if the screen is required in connection with a fish farm, the passage of any fish farmed at that fish farm,
or any combination of devices or apparatus which, taken together, achieve that result;";
and the definition of "grating" shall be omitted.
17C. In subsection (3) of section 43 of that Act (extent of Act to Scotland), after the words "(1A)" there shall be inserted the words ", (1B), (1C)".'.
228Page 183, line 10, at end insert:
'(2) In sub-paragraph (3) (c) of that paragraph (byelaws for the purpose of determining for the purposes of the Salmon and Freshwater Fisheries Act 1975 the period of the year during which gratings need not be maintained) for the word "gratings" there shall be substituted the word "screens".'.
229Schedule 13, page 187, line 13, leave out from 'person' to 'shall' in line 14.
230Page 187, line 16, after 'mine' insert 'or an abandoned part of a mine'.
231Page 187, line 17, leave out 'if the mine in question became an abandoned mine' and insert 'to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned'.
232Page 187, line 18, at end insert:
'(4A) In determining for the purposes of subsection (4) above whether a mine or part of a mine became abandoned before, on or after 31st December 1999 in a case where the mine or part has become abandoned on two or more occasions, of which—
(a) at least one falls on or before that date, and
(b) at least one falls after that date,
the mine or part shall be regarded as becoming abandoned after that date (but without prejudice to the operation of subsection (3) above in relation to that mine or part at, or in relation to, any time before the first of those occasions which falls after that date).
(4B) Where, immediately before a part of a mine becomes abandoned, that part is the only part of the mine not falling to be regarded as abandoned for the time being, the abandonment of that part shall not be regarded for the purposes of subsection (4) or (4A) above as constituting the abandonment of the mine, but only of that part of it.'.
233Page 187, leave out lines 38 and 39.
234After Schedule 16, insert the following Schedule:—
'SCHEDULE
Delegation of appellate functions of the Secretary of State Section

11 Jul 1995 : Column 1625

Interpretation

1. In this Schedule—
"appointed person" means a person appointed under section 96(1) (a) of this Act; and
"appointment", in the case of any appointed person, means appointment under section 96(1) (a) of this Act.
Appointments

2. An appointment under section 96(1) (a) of this Act must be in writing and—
(a) may relate to any particular appeal, matters or questions specified in the appointment or to appeals, matters or questions of a description so specified;
(b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and
(c) may, by notice in writing given to the appointed person, be revoked at any time by the Secretary of State in respect of any appeal, matter or question which has not been determined by the appointed person before that time.
Powers of appointed person

3. Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal, matter or question to which his appointment relates, have the same powers and duties as the Secretary of State, other than—
(a) any function of making regulations;
(b) any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or
(c) any function of appointing a person for the purpose—
(i) of enabling persons to appear before and be heard by the person so appointed; or
(ii) of referring any question or matter to that person.
Holding of local inquiries and other hearings by appointed persons

4.—(1) If either of the parties to an appeal, matter or question expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard.
(2) Whether or not a party to an appeal, matter or question has asked for an opportunity to appear and be heard, the appointed person—
(a) may hold a local inquiry or other hearing in connection with the appeal, matter or question, and
(b) shall, if the Secretary of State so directs, hold a local inquiry in connection with the appeal, matter or question,
but this sub-paragraph is subject to sub-paragraph (3) below.
(3) No local inquiry shall be held by virtue of this Schedule in connection with an appeal under—
(a) section 42B(5) of the Control of Pollution Act 1974,
(b) section 22(5), 66(5) or 78LB(3) of the Environmental Protection Act 1990, or
(c) section 191B(5) of the Water Resources Act 1991,
(appeals against decisions that information is not commercially confidential), or any matter involved in such an appeal, and any hearing held by virtue of this Schedule in connection with any such appeal or matter must be held in private.
(4) Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the Secretary of State to sit with the appointed

11 Jul 1995 : Column 1626

person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal, matter or question.
(5) Subject to paragraph 5 below, the costs of a local inquiry held under this Schedule shall be defrayed by the Secretary of State.
Local inquiries under this Schedule: evidence and costs

5.—(1) In relation to England and Wales, subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) shall apply to local inquiries or other hearings held under this Schedule by an appointed person as they apply to inquiries caused to be held under that section by a Minister, but with the following modifications, that is to say—
(a) with the substitution in subsection (2) (evidence) for the reference to the person appointed to hold the inquiry of a reference to the appointed person;
(b) with the substitution in subsection (4) (recovery of costs of holding the inquiry) for the references to the Minister causing the inquiry to be held of references to the Secretary of State;
(c) taking the reference in that subsection to a local authority as including the Agency; and
(d) with the substitution in subsection (5) (orders as to the costs of the parties) for the reference to the Minister causing the inquiry to be held of a reference to the appointed person or the Secretary of State.
(2) In relation to Scotland, subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which relate to the costs of and holding of local inquiries) shall apply to local inquiries or other hearings held under this Schedule as they apply to inquiries held under that section, but with the following modifications, that is to say—
(a) with the substitution in subsection (3) (notice of inquiry) for the reference to the person appointed to hold the inquiry of a reference to the appointed person;
(b) with the substitution in subsection (4) (evidence) for the reference to the person appointed to hold the inquiry and, in paragraph (b), the reference to the person holding the inquiry of references to the appointed person;
(c) with the substitution in subsection (6) (expenses of witnesses etc.) for the references to the Minister causing the inquiry to be held of a reference to the appointed person or the Secretary of State;
(d) with the substitution in subsection (7) (expenses) for the references to the Minister of references to the appointed person or the Secretary of State;
(e) with the substitution in subsection (7A) (recovery of entire administrative expense)—
(i) for the first reference to the Minister of a reference to the appointed person or the Secretary of State;
(ii) in paragraph (a), for the reference to the Minister of a reference to the Secretary of State; and
(iii) in paragraph (b), for the reference to the Minister holding the inquiry of a reference to the Secretary of State;
(f) with the substitution in subsection (7B) (power to prescribe daily amount)—
(i) for the first reference to the Minister of a reference to the Secretary of State;
(ii) in paragraphs (a) and (c), for the references to the person appointed to hold the inquiry of references to the appointed person; and
(iii) in paragraph (d), for the reference to the Minister of a reference to the appointed person or the Secretary of State; and

11 Jul 1995 : Column 1627


(g) with the substitution in subsection (8) (certification of expenses) for the reference to the Minister, the reference to him and the reference to the Crown of references to the appointed person or the Secretary of State.
Revocation of appointments and making of new appointments

6.—(1) Where under paragraph 2(c) above the appointment of the appointed person is revoked in respect of any appeal, matter or question, the Secretary of State shall, unless he proposes to determine the appeal, matter or question himself, appoint another person under section 96(1) (a) of this Act to determine the appeal, matter or question instead.
(2) Where such a new appointment is made, the consideration of the appeal, matter or question, or any hearing in connection with it, shall be begun afresh.
(3) Nothing in sub-paragraph (2) above shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.
Certain acts and omissions of appointed person to be treated as those of the Secretary of State

7.—(1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the Secretary of State in his capacity as such.
(2) Sub-paragraph (1) above shall not apply—
(a) for the purposes of so much of any contract made between the Secretary of State and the appointed person as relates to the exercise of the function; or
(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.'.
235Schedule 17, page 195, line 25, at end insert:
'Part I
Enactments relating to England and Wales'.

236Page 197, line 36, at end insert:
'Part II
Enactments relating to Scotland
The Sewerage (Scotland) Act 1968

. For section 55 of the Sewerage (Scotland) Act 1968 (Crown application) there shall be substituted—
"Application of Act to Crown.

55.—(1) Subject to the provisions of this section, this Act shall bind the Crown.
(2) No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the Court of Session may, on the application of a sewerage authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3) Notwithstanding anything in subsection (2) above, any provision made by or under this Act shall apply to persons in the public service of the Crown as it applies to other persons.
(4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises.
(5) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity.
(6) In this section "Crown premises" means premises held by or on behalf of the Crown.".'.
237Page 198, line 9, at end insert:

11 Jul 1995 : Column 1628

'The Water (Scotland) Act 1980

. After section 110 of the Water (Scotland) Act 1980 there shall be inserted—
"Application of Act to Crown.

110A.—(1) Subject to the provisions of this section, this Act shall bind the Crown.
(2) No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the Court of Session may, on the application of a water authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3) Notwithstanding anything in subsection (2) above, any provision made by or under this Act shall apply to persons in the public service of the Crown as it applies to other persons.
(4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises.
(5) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity.
(6) Subject to subsections (4) and (5) above, the powers conferred by sections 16 to 18 above shall be exercisable in relation to land in which there is a Crown interest only with the consent of the appropriate authority.
(7) In this section—
"the appropriate authority" has the same meaning as it has in section 253(7) of the Town and Country Planning (Scotland) Act 1972;
"Crown interest" means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
"Crown premises" means premises held by or on behalf of the Crown.
(8) The provisions of subsection (7) of section 253 of the Town and Country Planning (Scotland) Act 1972 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.".
The Local Government etc. (Scotland) Act 1994

. After section 125 of the Local Government etc. (Scotland) Act 1994 there shall be inserted—
"Application of Part II to Crown.

125A.—(1) Subject to the provisions of this section, this Part of this Act shall bind the Crown.
(2) No contravention by the Crown of any provision made by or under this Part of this Act shall make the Crown criminally liable; but the Court of Session may, on the application of a new water and sewerage authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3) Notwithstanding anything in subsection (2) above, any provision made by or under this Part of this Act shall apply to persons in the public service of the Crown as it applies to other persons.
(4) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity.
(5) Subject to subsection (4) above, the powers conferred by section 99 above shall be exercisable in relation to land in which there is a Crown interest only with the consent of the appropriate authority.
(6) In this section—

11 Jul 1995 : Column 1629


"the appropriate authority" has the same meaning as it has in section 253(7) of the Town and Country Planning (Scotland) Act 1972;
"Crown interest" means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
"Crown premises" means premises held by or on behalf of the Crown.
(7) The provisions of subsection (7) of section 253 of the Town and Country Planning (Scotland) Act 1972 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.".'.
238Schedule 18, page 199, line 31, at end insert:
'( ) for the word "them" in each place where it occurs there shall be substituted the word "it";'.
239Page 200, line 19, at end insert:
'The Public Records Act 1958
. In the First Schedule to the Public Records Act 1958 (definition of public records) in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there shall be inserted at the appropriate place the entry—
"The Environment Agency.".'.
240Page 200, line 21, leave out '52(3)' and insert '7(8)'.
241Page 200, line 21, after '1958' insert '(definitions etc. for the purposes of section 7) in paragraph (i) of the definition of "statutory water undertakers" for the words "National Rivers Authority" there shall be substituted the words "Environment Agency".
(2) In section 52(3) of that Act'.
242Page 202, line 50, at end insert:
'The Prevention of Oil Pollution Act 1971
.—(1) The Prevention of Oil Pollution Act 1971 shall be amended in accordance with the following provisions of this paragraph.
(2) After section 11 (duty to report discharge of oil into waters of harbours) there shall be inserted—
"Certain provisions not to apply where a discharge or escape is authorised under Part I of the Environmental Protection Act 1990.

11A.—(1) The provisions of sections 2(1) and (2A), 3(1) and 11(1) of this Act shall not apply to any discharge which is made under, and the provisions of section 11(1) of this Act shall not apply to any escape which is authorised by, an authorisation granted under Part I of the Environmental Protection 1990.
(2) This section does not extend to Northern Ireland."
(3) In section 25(1) (power to extend certain provisions of the Act to the Isle of Man etc.), after the words "other than section 3" there shall be inserted the word ", 11A".
The Town and Country Planning (Scotland) Act 1972

. In Schedule 7 to the Town and Country Planning (Scotland) Act 1972 (determination of certain appeals by persons appointed by the Secretary of State), in paragraph 2, after sub-paragraph (f) there shall be inserted—
"(g) in relation to appeals under paragraphs 6(11) and (12) and 11(1) of Schedule (Review of old mineral planning permissions) and paragraph 9(1) of Schedule (Periodic review of mineral planning permissions)to the Environment Act 1995, paragraph 6 of Schedule 10A to this Act.".'.

11 Jul 1995 : Column 1630


243Page 206, line 27, at end insert:
'. In section 62(2) (a) of that Act (exceptions to restrictions on the operation of loudspeakers in streets), as it has effect in relation to England and Wales, for the words "National Rivers Authority" there shall be substituted the words "Environment Agency".'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 210 to 243 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 210 to 243.—(Earl Ferrers.)

On Question, Motion agreed to.


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