Coal Industry Act 1975

5New procedure for suspending public rights of way affected by opencast operations

(1)Subject to subsection (3) below, for section 15 of the Opencast Coal Act 1958 (which provides for the suspension of certain public rights of way by the application of section 3 of either the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946 or the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947) there shall be substituted the following section:—

“15Suspension of certain public rights of way

(1)Where an application is made to the Secretary of State for an authorisation under section 1 of this Act and over any part of the land described in the application as land which the Board will require to occupy there subsists a public right of way, not being a right enjoyable by vehicular traffic, there may be included in the application for the authorisation an application for an order under this section suspending the public right of way.

(2)The Secretary of State shall not make an order under this section suspending a right of way unless—

(a)an application is made therefor in accordance with subsection (1) above;

(b)he grants an authorisation under section 1 of this Act comprising the land over which the right of way subsists; and

(c)he is satisfied either that a suitable alternative way will be made available by the Board (whether on land comprised in the authorisation or on other land) for use by the public during the period for which the order remains in force, or that the provision of such an alternative way is not required.

(3)An order under this section suspending a right of way shall specify the date, which shall not be earlier than the making of the order, with effect from which the right is suspended.

(4)Where an order has been made under this section suspending a right of way, the Secretary of State shall revoke the order—

(a)if no authorised operations have been carried out in pursuance of the authorisation which comprises the land over which the right subsisted and the Secretary of State is satisfied that there is no early prospect of their being carried out; or

(b)as soon after such operations have been carried out as he is satisfied that it is no longer necessary for the fulfilment of the authorised purposes that the right of way should be suspended.

(5)An order under this section suspending a right of way shall include such provisions as may appear to the Secretary of State to be appropriate for securing the reconstruction of the way on the restoration of the land over which the right of way subsisted immediately before the order was made.

(6)Where an authorisation is granted under section 1 of this Act and an order is made under this section suspending a right of way over land comprised in the authorisation then, in connection with the provision of such a suitable alternative way as is referred to in subsection (2)(c) above.—

(a)the order under this section may provide that, in so far as the carrying out of any operations, or any change in the use of land, involved in making the alternative way available as mentioned in that subsection, or in permitting it to be used by the public, constitutes development within the meaning of the Planning Act, permission for that development shall be deemed to be granted under Part III of the Planning Act subject to such conditions (if any) as may be specified in the order ;

(b)where the order under this section includes provisions in accordance with paragraph (a) above, subsection (3) of section 2 of this Act shall apply in relation to those provisions as it applies in relation to directions given under that section ;

(c)if a compulsory rights order referring to the authorisation is made, then, in the application to that order of subsection (5) of section 5 of this Act, the authorised purposes shall be taken to include the purpose of making an alternative way available for use by the public on land comprised in the order, and the right exercisable in accordance with the said subsection (5), as against all persons directly concerned, shall include the right to permit the public to use any way so made available; and

(d)if the land on which the alternative way is to be made available is specified in the order under this section and is land which does not form part of, but is contiguous with, the land comprised in the authorisation, a compulsory rights order referring to the authorisation may include that land as if it were part of the land comprised in the authorisation.

(7)In this section ' the Planning Act' means the [1971 c. 78.] Town and Country Planning Act 1971 or, as respects Scotland, the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972.”

(2)For the purpose—

(a)of giving effect to section 15 of the [1958 c. 69.] Opencast Coal Act 1958, as set out in subsection (1) above, and

(b)of securing that, before he grants an authorisation under section 1 of that Act, the Secretary of State considers every objection which is duly made and not withdrawn,

Schedule 1 to that Act (procedure for granting authorisations) shall have effect subject to the amendments in Schedule 4 to this Act.

(3)In any case where—

(a)before the commencement of this Act the Board' have, in accordance with any provision of paragraph 4 of Schedule 1 to the Opencast Coal Act 1958, published or served notice of an application for an authorisation under section 1 of that Act, and

(b)there subsists over any part of the land described in the application as land which the Board will require to occupy any such public right of way as is referred to in subsection (1) of section 15 of that Act,

nothing in subsection (1) or subsection (2) above or in the repeals effected by this Act shall affect the operation of that Act or of any other enactment in relation to that application or (unless that application is rejected and a further application is made after the commencement of this Act) the suspension of that right of way.