HL Deb 03 July 1981 vol 422 c423

13 Clause 9, page 10, line 24, leave out from ("that") to end of line 27 and insert ("it has permanently ceased".).

14 Clause 9, page 10, line 33, at end insert— ("(1A) The mineral planning authority may assume that development consisting of the winning and working of minerals has permanently ceased only when—

  1. (a) no such development has been carried out to any substantial extent anywhere in, on or under the site of which the land forms part for a period of at least two years; and
  2. (b) it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that resumption of such development in, on or under the land is unlikely.").

Lord Bellwin

My Lords, with the leave of the House, I beg to move Amendments Nos. 13 and 14 together. Concern was expressed in this House, and also in another place, about the power which Clause 9 would give to a mineral planning authority to make an order prohibiting further mineral working at a site where working has ceased for two years. At Third Reading in this House, I repeated my earlier promise to consider whether prohibition orders should be limited to abandoned workings.

It has always been our intention that this power should be used only where the resumption of working is unlikely and these amendments make it clear that an order can be made only in these circumstances. I beg to move that this House doth agree with the Commons in the said amendments.

Moved, That this House doth agree with the Commons in the said amendments.—(Lord Bellwin.)

On Question, Motion agreed to.