Countryside and Rights of Way Bill - continued        House of Lords
SCHEDULE 1, EXCEPTED LAND FOR PURPOSES OF PART I - continued

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  PART II
  SUPPLEMENTARY PROVISIONS
     13. In this Schedule-
 
  "building" includes any structure or erection and any part of a building as so defined, but does not include any fence or wall, or anything which is a means of access as defined by section 34; and for this purpose "structure" includes any tent, caravan or other temporary or moveable structure;
 
  "development" and "minerals" have the same meaning as in the Town and Country Planning Act 1990;
 
  "ploughing" and "drilling" include respectively agricultural or forestry operations similar to ploughing and agricultural or forestry operations similar to drilling;
 
  "statutory undertaker" means-
 
 
    (a) a person authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power,
 
    (b) any public gas transporter, within the meaning of Part I of the Gas Act 1986,
 
    (c) any water or sewerage undertaker,
 
    (d) any holder of a licence under section 6(1) of the Electricity Act 1989, or
 
    (e) the Environment Agency, the Post Office or the Civil Aviation Authority;
  "statutory undertaking" means-
 
 
    (a) the undertaking of a statutory undertaker, or
 
    (b) an airport to which Part V of the Airports Act 1986 applies.
     14. - (1) Land is not to be treated as excepted land by reason of any development carried out on the land, if the carrying out of the development requires planning permission under Part III of the Town and Country Planning Act 1990 and that permission has not been granted.
 
      (2) Sub-paragraph (1) does not apply where the development is treated by section 191(2) of the Town and Country Planning Act 1990 as being lawful for the purposes of that Act.
 
     15. Land which is habitually used for the training of racehorses is not to be treated by virtue of paragraph 11 as excepted land except-
 
 
    (a) between dawn and midday on any day, and
 
    (b) at any other time when it is in use for that purpose.
 
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