Office of Public Sector Information
PART III continued
(1) A person shall be guilty of an offence under this section if he engages in any conduct falling within subsection (2) below for the purpose of—
(a) obtaining for himself or any other person any benefit under the 1991 Act; or
(b) facilitating the temporary or permanent avoidance, by himself or any other person, of the whole or any part of—
(i) any obligation under that Act;
(ii) any other requirement mentioned in section 47(9)(a) to (c) above; or
(iii) any liability for contravention of any such obligation or requirement.
(2) A person engages in conduct falling within this subsection if he—
(a) furnishes any other person whatever with any information which he knows to be false in a material particular;
(b) recklessly furnishes any other person whatever with any information which is false in a material particular; or
(c) with intent to deceive, withholds any information from any person whatever.
(3) A person who is or has been a licensed operator shall be guilty of an offence under this section if he—
(a) furnishes the Authority with any subsidence information which he knows to be false in a material particular;
(b) recklessly furnishes the Authority with any subsidence information which is false in a material particular; or
(c) with intent to deceive, withholds any subsidence information from the Authority.
(4) In subsection (3) above “subsidence information”, in relation to a person who is or has been a licensed operator, means information relating to the extent of the existing or potential liabilities of that person in respect of subsidence damage.
(5) Any person who fails to give, in accordance with section 46 or 47 of the 1991 Act (notice to property owners etc. and local authorities), any notice that he is required to give under that section shall be guilty of an offence under this section.
(6) In any proceedings against a person for an offence by virtue of subsection (5) above it shall be a defence for that person to show that he took such steps as were reasonable to avoid the commission of the offence.
(7) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(1) Where—
(a) any coal or coal mine is comprised in or lies under land which was formerly copyhold, and
(b) a notice (“a relevant notice”) specifying the area in which that land is comprised—
(i) has been given in accordance with section 50 below and has come into force, or
(ii) has been published, before the restructuring date, in accordance with section 3 of the 1975 Act (which contains provision equivalent to the provision contained in this section),
the relevant person shall have the like right in relation to that coal or coal mine to carry on coal-mining operations to which section 25 above applies as if all retained interests in that coal or mine subsisting on 31st August 1975 were vested in him, notwithstanding that they are, by virtue of any enactment, in fact vested in another person.
(2) For the purposes of this section the relevant person, in relation to any relevant notice, is—
(a) in the case of a notice given in accordance with section 50 below, the person who gave the notice; and
(b) in the case of a notice published in accordance with section 3 of the 1975 Act, the Corporation.
(3) In so far as—
(a) a person other than the relevant person is for the time being a licensed operator in relation to the coal or mine which is comprised in, or lies under, the land comprised in the area specified in a relevant notice, and
(b) compensation under Part I of Schedule 7 to this Act or, in relation to times before the restructuring date, under section 3(4) of the 1975 Act either—
(i) has become due in respect of any retained interest affected by that notice and has been paid in full, or
(ii) would have become due in respect of such an interest but for an agreement under paragraph 8 of Schedule 7 to this Act or paragraph 8 of Schedule 2 to the 1975 Act,
the person mentioned in paragraph (a) above shall be entitled (instead of the relevant person) to exercise the relevant person’s rights by virtue of subsection (1) above.
(4) In the case of any licensed operator who is entitled by virtue of this section to carry on any coal-mining operations in relation to any coal or coal mine, the rights comprised in his entitlement shall also be exercisable by any person authorised as mentioned in section 27(4) above to act on his behalf in the carrying on of any of the operations which the operator is authorised to carry on.
(5) Nothing in this section shall confer any such right as is mentioned in section 9(1)(b) above or be taken to authorise a contravention of section 25(1) above or of any of the conditions of a licence under Part II of this Act; and the rights that are conferred on the Corporation by this section shall have effect subject to any transfer of those rights, in accordance with any restructuring scheme, to any other person.
(6) A notice given for the purposes of this section at any time on or after the restructuring date shall come into force when particulars of it are first registered by the Authority in accordance with section 56 below.
(7) Schedule 7 to this Act shall have effect with respect to compensation and certain other matters in cases in which a relevant notice is given or has been published.
(8) In this section and section 50 below and in Schedule 7 to this Act “retained interest” means any retained interest within the meaning of the [1938 c. 52.] Coal Act 1938.
(9) Subject to the preceding provisions of this section, the rights conferred on the Corporation by section 3 of the 1975 Act shall not be exercisable at any time on or after the restructuring date.
(1) This section applies with respect to the giving of a notice for the purposes of section 49 above at any time on or after the restructuring date.
(2) The only person who may give the notice is a person who is authorised by a licence under Part II of this Act or by virtue of section 25(3) above to carry on coal-mining operations in the area specified in the notice.
(3) The notice—
(a) shall indicate the land to which it relates either by reference to a map or in any other manner which, in the circumstances, is sufficient to identify it;
(b) shall identify the person by whom the notice is given and summarise the respects in which the requirements of subsection (2) above are satisfied in relation to that person;
(c) shall state that there are proposals to carry on coal-mining operations in relation to any coal or coal mine which may require the exercise in relation to that land of such a right as is mentioned in section 49(1) above; and
(d) shall invite the owners of retained interests in any coal or coal mine comprised in or lying under the land in the area to which the notice relates to give notice of their interests, within the period which begins with the date of the first publication of the notice in accordance with subsection (4) below and ends six years after the coming into force of the notice in accordance with section 49(6) above, to the person who gave the notice.
(4) The notice shall be given by being published—
(a) in the London Gazette; and
(b) at least once in each of two successive weeks, in newspapers circulating in the locality where the land to which the notice relates is situated.
(1) Subject to the following provisions of this section—
(a) a licensed operator, or
(b) any person authorised as mentioned in section 27(4) above to act on his behalf in the carrying on of any of the operations which the operator is authorised to carry on,
shall be entitled, at any time on or after the restructuring date, to exercise the right conferred by this section in relation to any underground land in the area in which the operator in question is authorised to carry on coal-mining operations.
(2) Subject to the following provisions of this section and to section 5(6) above, the Authority and the persons authorised by the Authority to exercise its right under this section shall also be entitled, at any time on or after the restructuring date, to exercise the right conferred by this section in relation to any underground land in relation to which there is not for the time being any person who, as a licensed operator, is authorised to carry on any coal-mining operations to which section 25 above applies.
(3) The right conferred by this section in relation to any underground land is a right, for any of the purposes mentioned in subsection (4) below, to do any of the following, that is to say—
(a) to enter upon, remove, execute works in, pass through or occupy that land; or
(b) to do any acts requisite or convenient for the carrying on of any coal-mining operations.
(4) The purposes mentioned in subsection (3) above are—
(a) in relation to a licensed operator or a person authorised to act on his behalf, the carrying on of any coal-mining operations; and
(b) in relation to the Authority, any purposes connected with the carrying out of its functions under this Act.
(5) Nothing in this section shall authorise—
(a) any interference with the carrying on of any underground operations carried on otherwise than for purposes connected with any coal-mining operations;
(b) the withdrawal of support from any land or any interference with the surface of any land;
(c) the doing of any act which, apart from this section, would be actionable in England and Wales by virtue of—
(i) any liberty, privilege, easement, advantage or other right annexed to any other land,
(ii) any restrictive covenant, or
(iii) any statutory prohibition or restriction,
which adversely affects the land in question;
(d) the doing of any act which, apart from this section, would be actionable in Scotland by virtue of—
(i) any real burden (including a real burden ad factum praestandum), or
(ii) any statutory prohibition or restriction,
which adversely affects the land in question; or
(e) the doing of any act which, apart from this section, would be actionable as a trespass or nuisance and, if done, would be likely to cause actual damage of more than a purely nominal amount.
(6) For the purposes of subsection (5) above the reference to a liberty, privilege, easement, advantage or other right being annexed to any land is a reference to its appertaining to that land or any part of it, to its being demised, occupied or enjoyed with that land or any part of it or to its being reputed or known as part or parcel of the land or as appurtenant to the land or to any part of it.
(7) Nothing in this section shall confer any such right as is mentioned in section 9(1)(b) above or be taken to authorise a contravention of section 25(1) above or of any of the conditions of a licence under Part II of this Act.
(8) The rights conferred on the Corporation by virtue of section 15 of the [1938 c. 52.] Coal Act 1938, section 8(1) of the 1946 Act and section 25 of the [1974 c. 40.] Control of Pollution Act 1974 (which made provision similar to that made by this section and extended such provision to waste disposal), or by virtue of any of those provisions, shall not be exercisable at any time on or after the restructuring date.
(1) The following powers under the [1958 c. 69.] Opencast Coal Act 1958 (“the 1958 Act”) shall not be exercisable at any time after 31st December 1999, that is to say—
(a) the power to make a compulsory rights order;
(b) the power under section 15 of that Act to make an order suspending a right of way; and
(c) the power to make an order under section 16 of that Act (orders conferring rights for the purposes of drainage or water supply);
and the Secretary of State shall not, at any time after that date, give a direction designating any land for the purposes of section 39(2) of that Act (rights of entry) except on an application made to him before that date by the Authority.
(2) Subject to subsection (1) above and to any transfers in accordance with a restructuring scheme of any rights or liabilities under the 1958 Act, that Act shall have effect on and after the restructuring date with the amendments specified in Schedule 8 to this Act (which, as well as making other minor amendments of that Act, makes the modifications, in relation to the period before 31st December 1999, which are requisite for enabling orders under that Act to be made in favour of persons other than the Corporation).
(3) Subsection (1) above shall be without prejudice to the effect after 31st December 1999 of anything done under the 1958 Act on or before that date or generally to the operation of that Act in relation to anything so done.
(1) This section applies in the case of proposals (“coal-mining proposals”) formulated for inclusion in so much of any application for planning permission as relates to any of the following, that is to say—
(a) the carrying on of any coal-mining operations;
(b) the restoration of land used in connection with the carrying on of any coal-mining operations; and
(c) the carrying on of any other operations incidental to any coal-mining operations or to the restoration of land which has been so used.
(2) Where a planning authority consider any coal-mining proposals included in such an application, they shall have regard—
(a) to the desirability of the preservation of natural beauty, of the conservation of flora and fauna and geological or physiographical features of special interest and of the protection of sites, buildings, structures and objects of architectural, historic or archaeological interest; and
(b) to the extent (if any) to which the person by whom the proposals were formulated has complied with subsection (3) below.
(3) A person who formulates coal-mining proposals shall be required for the purposes of paragraph (b) of subsection (2) above—
(a) to have regard, in formulating those proposals, to the desirability of the matters mentioned in paragraph (a) of that subsection; and
(b) to formulate proposals (as part of or in addition to the coal-mining proposals) for the adoption of such measures (if any) as it is reasonably practicable for that person to adopt for mitigating any adverse effect of the development to which the coal-mining proposals relate on the natural beauty of any area or on any such flora, fauna, features, sites, buildings, structures or objects as are so mentioned.
(4) In this section—
“development” and “planning permission”—
in relation to England and Wales, have the same meanings as in the [1990 c. 8.] Town and Country Planning Act 1990; and
in relation to Scotland, have the same meanings as in the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972; and
“planning authority” means—
any local planning authority within the meaning of the [1990 c. 8.] Town and Country Planning Act 1990 or any planning authority within the meaning of Part IX of the [1973 c. 65.] Local Government (Scotland) Act 1973; or
the Secretary of State in the exercise and performance of such of his powers and duties under those Acts as relate to the grant of planning permission.
(5) Section 3 of the [1958 c. 69.] Opencast Coal Act 1958 (protection of amenity) shall cease to have effect.
(1) Subject to subsection (5) below, the power of the Secretary of State by a development order to make the planning permission granted by any such order subject to conditions shall include power, in relation to any permission to win or work any minerals in a coal mine started before 1st July 1948, to make it a condition of that permission that there is compliance with such requirements falling within subsection (2) below as may be specified or described in the order.
(2) The requirements which, in relation to any coal mine, fall within this section are such requirements as the Secretary of State thinks fit in relation to—
(a) the demolition or removal of any buildings, plant, machinery, structures or erections used at any time for or in connection with any previous coal-mining operations at that mine; and
(b) the re-instatement, restoration and aftercare of any land used at any time for or in connection with any previous coal-mining operations at that mine.
(3) In subsection (2) above “previous coal-mining operations”, in relation to the requirements imposed by any condition, means—
(a) any coal-mining operations carried on by any person before 1st July 1948; or
(b) any coal-mining operations which—
(i) were carried on by any person at any time on or after that date but before the coming into force of that condition; and
(ii) were operations constituting development for which planning permission was granted by a development order or any corresponding order made, or having effect as if made, under any enactment then in force;
and references in this section to the use of anything in connection with any such operations shall include references to its use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations.
(4) A condition contained in a development order by virtue of this section may provide—
(a) for the requirements imposed by that condition to include a requirement framed by reference to the opinion or approval of the relevant planning authority; and
(b) for that condition to be capable of being modified by agreement with the relevant planning authority.
(5) The Secretary of State’s powers under this section to modify a development order shall not be exercised at any time after the end of the period of six months beginning with the restructuring date, except for purposes which do not, in relation to any coal mine, include any of the following, that is to say—
(a) imposing a requirement which had not previously been imposed in relation to that coal mine;
(b) making a requirement which had been imposed in relation to that coal mine more onerous; and
(c) making provision by reference to any person’s opinion or approval so as to confer powers that did not exist before and might be exercised for a purpose falling within paragraph (a) or (b) above;
but nothing in this subsection shall be taken as affecting the continuing effect after the end of that period of any modification made after the passing of this Act and before the end of that period.
(6) Expressions used in this section and in the [1990 c. 8.] Town and Country Planning Act 1990 or the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 shall—
(a) in the application of this section to England and Wales, have the same meanings in this section as in that Act of 1990; and
(b) in the application of this section to Scotland, have the same meanings in this section as in that Act of 1972.
(7) In this section “relevant planning authority”—
(a) in relation to England and Wales, means the mineral planning authority within the meaning of the [1990 c. 8.] Town and Country Planning Act 1990; and
(b) in relation to Scotland, means the planning authority within the meaning of Part IX of the [1973 c. 65.] Local Government (Scotland) Act 1973.
(1) The power to make health and safety regulations shall include power, in relation to any requirement of any such regulations that a person carrying on coal-mining operations is to be a participant in a mine rescue scheme approved by the Secretary of State, to provide—
(a) for approval to be given to or withdrawn from any scheme only after such consultation as may be specified or described in the regulations; and
(b) for the approved schemes to be confined to those which appear to the Secretary of State to be such as secure that it is reasonably practicable for every licensed operator who is required to do so to participate, on reasonable terms, in an approved scheme.
(2) In subsection (1) above the references to a mine rescue scheme are references to any scheme or other arrangements the participants in which are entitled, in an emergency, to the services of persons with the expertise and equipment required for rescuing individuals from underground.
(3) In subsection (1) above “health and safety regulations” means regulations under section 15 of the [1974 c. 37.] Health and Safety at Work etc. Act 1974; and the preceding provisions of this section shall be without prejudice to the generality of any provisions of that Act as to the matters that may be included in any such regulations.
(1) The Authority shall establish and maintain a register in which it shall enter particulars of—
(a) every notice under section 38 above a copy of which is sent to the Authority by the person giving it;
(b) every notice published under section 2 of the 1975 Act (notices conferring right for Corporation to withdraw support) a copy of which has been supplied to the Authority by the Corporation;
(c) every public notice under paragraph 6(2) of Schedule 2 to the [1938 c. 52.] Coal Act 1938 (withdrawal of support) a copy of which has been supplied to the Authority by the Corporation;
(d) every notice given by the Authority under section 41 above;
(e) every notice given for the purposes of section 49 above a copy of which is sent to the Authority by the person giving it;
(f) every notice published under section 3 of the 1975 Act (notices conferring right for the Corporation to work coal in copyhold land) a copy of which has been supplied to the Authority by the Corporation;
(g) every notice sent to the Authority under paragraph 9 of Schedule 7 to this Act and so much of any information known to the Authority as—
(i) relates to any compensation paid under section 3(4) of the 1975 Act or to any agreement for the purposes of paragraph 8 of Schedule 2 to the 1975 Act, and
(ii) is information which, in the case of any compensation or agreement under or for the purposes of Part I of Schedule 7 to this Act, would fall to be included in such a notice;
(h) the following, that is to say—
(i) every compulsory rights order under the [1958 c. 69.] Opencast Coal Act 1958,
(ii) every order under section 15 or 16 of that Act (rights of way, drainage and water supply), and
(iii) every designation under section 39 of that Act,
in so far as it is an order or designation made by the Authority or an order or designation of which a copy has been supplied to the Authority by the Corporation;
(i) every confirmation of an order mentioned in paragraph (h)(i) or (ii) above and every notice or other document for the purposes of that Act of 1958 which is, or a copy of which is, sent to the Authority under that Act or a copy of which has been supplied to the Authority by the Corporation; and
(j) every agreement entered into with a local planning authority (within the meaning of that Act of 1958) for the purposes of section 15(5) of that Act (agreements as to the restoration of a right of way).
(2) Where a copy of any notice under section 38 above is sent to the Authority more than fourteen days before the end of the period of three months mentioned in subsection (3)(a) of that section, the duty of the Authority, subject to subsection (3) below, to enter particulars of that notice in the register maintained under this section shall be discharged before the end of that period of three months.
(3) The Authority shall not enter in the register maintained under this section any particulars of—
(a) any notice under section 38 above, or
(b) any notice given for the purposes of section 49 above on or after the restructuring date,
unless it is satisfied that the notice has been properly given in accordance with the requirements of this Act and, in the case of a notice under section 38 above, that the requirements of section 39(4) above have been complied with in relation to that notice.
(4) It shall be the duty of the Authority to preserve a copy of every document particulars of which are, by virtue of subsection (1) above, for the time being entered in the register maintained under this section.
(5) If any person furnishes the Authority with any information for the purposes of this section which he knows to be false in a material particular or recklessly furnishes the Authority with any information for those purposes which is false in a material particular, he shall be guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(6) References in this section to the supply to the Authority by the Corporation of a copy of any document include references to the transfer in accordance with a restructuring scheme of possession of the document itself or of any copy of that document.
Coal Industry Act 1994