HL Deb 03 July 1981 vol 422 c424

17 Clause 9, page 12, line 37, leave out from ("that") to end of line 41 and insert ("it has been temporarily suspended".)

18 Clause 9, page line 45, at end insert— ("(1A) The mineral planning authority may assume that development consisting of the winning and working of minerals has been temporarily suspended 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 twelve months; but
  2. (b) it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that a resumption of such development in, on or under the land is likely.".)

Lord Bellwin

My Lords, with the leave of the House I beg to move Amendments Nos. 17 and 18 together. They relate to numbers 13 and 14 which I moved earlier, and which the House has accepted. Members of the House will recall that this earlier amendment made it clear that a prohibition order can be made only where mineral working at a site is not likely to be resumed.

The purpose of these present amendments is to reinforce this distinction between prohibition and suspension orders, by stating that a suspension order can be made only where a resumption of working is likely. 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.