Planning (Opencast Mining Separation Zones) Bill (HC Bill 15)

A

BILL

TO

Require planning authorities to impose a minimum distance between

opencast mining developments and residential properties; and for connected

purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1 Guidance on opencast mining: separation zones etc

(1) The Secretary of State must issue guidance on the national planning policy for

opencast mining in England.

(2) The guidance must require a minimum separation zone of 500 metres between

5the site of an opencast mine and the nearest residential property, unless there

are exceptional circumstances.

(3) Mineral planning authorities in England must have regard to any guidance

issued under this section when fulfilling their functions.

2 Interpretation

10In this Act—

  • “coal” means bituminous coal, cannel coal and anthracite;

  • “opencast mining” means—

    (a)

    the working of coal by opencast operations pursuant to

    opencast planning permission and the carrying out of

    15operations incidental to such working; and

    (b)

    the carrying out of any conditions subject to which opencast

    planning permission has been granted;

  • “opencast planning permission” means planning permission which

    permits the working of coal by opencast operations or the carrying out

    20of operations incidental to such working;

  • “mineral planning authorities” has the same meaning as provided by the

    Town and Country Planning Act 1990;

  • Planning (Opencast Mining Separation Zones) BillPage 2

  • “residential property” has the same meaning as provided by the Finance

    Act 2001.

3 Short title, commencement and extent

(1) This Act may be cited as the Planning (Opencast Mining Separation Zones) Act

52011.

(2) This Act comes into force on such day as the Secretary of State may by order

made by statutory instrument appoint.

(3) This Act extends to England and Wales only.