Require planning authorities to impose a minimum distance between
opencast mining developments and residential properties; and for connected
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:—
The Secretary of State must issue guidance on the national planning policy for
opencast mining in England.
The guidance must require a minimum separation zone of 500 metres between
the site of an opencast mine and the nearest residential property, unless there
are exceptional circumstances.
Mineral planning authorities in England must have regard to any guidance
issued under this section when fulfilling their functions.
In this Act—
“coal” means bituminous coal, cannel coal and anthracite;
“opencast mining” means—
the working of coal by opencast operations pursuant to
opencast planning permission and the carrying out of
operations incidental to such working; and
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
of 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
This Act may be cited as the Planning (Opencast Mining Separation Zones) Act
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.