Coal Industry Act 1975

Section 5.

SCHEDULE 4Suspension of Public Rights of Way: Amendments of Schedule 1 to [1958 c. 69.] Opencast Coal Act 1958

1At the end of paragraph 2 of the Schedule there shall be added the words “and

(c)in the case of an application which includes an application for an order under section 15 of this Act, shall indicate, by reference to the map, the right of way to which the application relates and the alternative way (if any) which the Board propose to make available”.

2At the beginning of paragraph 4 of the Schedule there shall be inserted " (1) " and at the end of that paragraph there shall be added the following sub-paragraph:—

“(2)If the Board propose to include in an application for an authorisation under section 1 of this Act an application for an order under section 15 thereof, sub-paragraph (1) above shall have effect as if—

(a)any reference therein to the application for the authorisation included a reference to the application for the order under section 15 ;

(b)the local authorities specified in paragraph (b) thereof included the council of a parish or community and the parish meeting of a parish which does not have a separate parish council; and

(c)at the end of paragraph (d) thereof there were inserted the following paragraph:—

‘(e)in any case where the application is to include an application for an order under section 15 of this Act suspending a public right of way, cause a copy of the notice referred to in paragraph (b) of this paragraph to be displayed in a prominent position at the ends of the public right of way to which the application relates’.”

3(1)Paragraph 7 of the Schedule shall be amended in accordance with the provisions of this paragraph.

(2)In sub-paragraph (1) of that paragraph for the words from " grant the authorisation" to the end of the sub-paragraph there shall be substituted the words "after considering any Other objections which are duly made and not withdrawn—

(a)grant the authorisation, and

(b)where the application includes an application for an order under section 15 of this Act, make such an order,

either in accordance with the Board's application or subject to such modifications as he may determine ".

(3)In sub-paragraph (2) of that paragraph after the words " any objection " there shall be inserted the words " to the grant of the authorisation is " after the words " lessee or occupier " there shall be inserted the word " and " and for the words " the objection " there shall be substituted the words " all objections to the grant of the authorisation which are duly made and not withdrawn ".

(4)At the end of sub-paragraph (2) of that paragraph there shall be inserted the following sub-paragraphs:—

“(2A)If, in the case of an application which includes an application for an order under section 15 of this Act, any objection to the making of the order is duly made by the council of any such county or district or, in Scotland, by any such local authority as is mentioned in paragraph 4(1)(b) of this Schedule and is not withdrawn, the Secretary of State shall cause a public local inquiry to be held and shall consider all objections to the making of the order which are duly made and not withdrawn and the report of the person who held the inquiry before determining whether to make the order; and if he determines to make the order, he may do so either in accordance with the Board's application or subject to such modification as he may determine.

(2B)If, in a case where a public local inquiry is required to be held by virtue of sub-paragraph (2) above, such an inquiry is also required to be held by virtue of sub-paragraph (2A) above the Secretary of State may direct that those inquiries, including, in a case falling within paragraph 6 of this Schedule, any inquiry relating to a compulsory rights order on which proceedings are to be taken concurrently with the proceedings relating to the application for an authorisation, shall be held concurrently.”

(5)In sub-paragraph (3) of that paragraph for the words " the last preceding sub-paragraph " there shall be substituted the words " sub-paragraphs (2) and (2A) above ",

after the word "authorisation " there shall be inserted the words " or, as the case may be, make an order " and for the words " that sub-paragraph " there shall be substituted the words " either or both of those sub-paragraphs ".

4At the beginning of paragraph 8 of the Schedule there shall be inserted " (1) " and at the end of that paragraph there shall be added the following sub-paragraph:—

“(2)Where an order is made under section 15 of this Act, sub-paragraph (1) above shall have effect in relation to the order as if—

(a)any reference therein to the authorisation were a reference to the order;

(b)any reference therein to the grant of the authorisation were a reference to the making of the order ; and

(c)any reference to the relevant land were a reference both to the right of way which is suspended by the order and the alternative way which is to be made available as mentioned in section 15(2)(c) of this Act.”

5In paragraph 11 of the Schedule, for the words " paragraph 5 " there shall be substituted the words " paragraphs 4(2)(b) and 5 ".