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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:—

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—

3 Short title, commencement and extent

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


(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.


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