Search Legislation

Mineral Workings Act 1951

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Mineral Workings Act 1951

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Mineral Workings Act 1951. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Legislation Crest

Mineral Workings Act 1951

1951 CHAPTER 60 14 and 15 Geo 6

An Act to establish a fund for the purpose of financing the restoration of land in England used for the working of ironstone by opencast operations and to provide for payments to and from that fund; to make provision for the reclamation, cultivation, afforestation or other treatment of such land; to provide for setting off the development charge in respect of certain minerals against payments under Part VI of the Town and Country Planning Act 1947, or Part V of the Town and Country Planning (Scotland) Act 1947, in respect of interests therein, for the modification of certain mining leases and orders granting working rights, and for the application of section eighty-one of the Town and Country Planning Act 1947, and section seventy-eight of the Town and Country Planning (Scotland) Act 1947, to certain minerals of the National Coal Board; to authorise the temporary stopping up or diversion of highways for the purpose of working minerals by opencast operations; and for purposes connected with the matters aforesaid.

[1st August 1951]

E+W

1—27.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

Textual Amendments

F1Ss. 1–27, 29-31, 33-40(1)–(5), 41(1), 41(3), 42(3)–(5), 43, Schs. 1, 4 repealed by Mineral Workings Act 1985 (c. 12, SIF 86), ss. 1(1), 6(2), 10, Sch. 2 (with savings (E.W.) in s. 4(1)(7) of the 1985 Act for ss. 20, 21, 41(1) )

28 Modification of payments in lieu of restoration under ironstone leases.E+W

(1)Where any ironstone comprised in a mining lease made before the commencement of this Act is worked by opencast operations in accordance with planning permission, then if—

(a)the lease contains provisions requiring or enabling the lessee to pay a specified sum in lieu of compliance with any obligation relating to the restoration of the land or by way of liquidated damages for breach of such an obligation, or to return the land after restoration or upon payment of a specified sum in lieu of restoration; and

(b)the planning permission is subject to conditions regulating the manner in which the land is to be dealt with after working, but not requiring its restoration in the manner or to the extent specified in the lease, and those conditions are complied with,

the sum payable by the lessee as aforesaid under the lease in respect of that land shall be reduced to such extent (if any) as may be just having regard to any benefit accruing to the lessor, or any person deriving title from him, in consequence of compliance with the said conditions.

(2)Any question whether any and if so what reduction falls to be made under this section in the sums payable under a lease shall, in default of agreement between the parties, be determined by arbitration.

(3)For the purpose of calculating the amount of any reduction under this section, the value of any benefit accruing in consequence of compliance with any conditions shall be ascertained by reference to prices of land current at the time when the sum to be reduced is payable; but if that sum is less than the sum which would represent the value of the land at that time if it were restored to the extent contemplated in the lease, the value of the benefit accruing as aforesaid shall be reduced proportionately.

(4)The provisions of this section shall apply in relation to a conveyance of ironstone or a conveyance of land subject to an exception of ironstone as they apply in relation to a mining lease, and as if for references to the lessee and to the lessor there were substituted respectively references to the person entitled to the ironstone by virtue of the conveyance or exception and to the person entitled to the surface of the land.

General amendments of law relating to mineral developmentE+W+S

29—31.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S

Textual Amendments

F2Ss. 1–27, 29-31, 33-40(1)–(5), 41(1), 41(3), 42(3)–(5), 43, Schs. 1, 4 repealed by Mineral Workings Act 1985 (c. 12, SIF 86), ss. 1(1), 6(2), 10, Sch. 2 (with savings (E.W.) in s. 4(1)(7) of the 1985 Act for ss. 20, 21, 41(1) )

F332. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

Supplementary provisionsE+W+S

33—39. Offences.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4Ss. 1–27, 29-31, 33-40(1)–(5), 41(1), 41(3), 42(3)–(5), 43, Schs. 1, 4 repealed by Mineral Workings Act 1985 (c. 12, SIF 86), ss. 1(1), 6(2), 10, Sch. 2 (with savings (E.W.) in s. 4(1)(7) of the 1985 Act for ss. 20, 21, 41(1) )

40

(1)–(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

F6(6). . ..

Textual Amendments

F5Ss. 1-27, 29-31, 33-40(1)-(5), 41(1), 41(3), 42(3)-(5), 43, Schs. 1, 4 repealed by Mineral Workings Act 1985 (c. 12, SIF 86), ss. 1(1), 6(2), 10, Sch. 2 (with savings (E.W.) in s. 4(1)(7) of the 1985 Act for ss. 20, 21, 41(1) )

F6S. 40(6) repealed : (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2 ), s. 3, Sch. 1 Part II ; (27.5.1997) (S.) by 1997 c. 11 ss. 3, 6(2) Sch. 1, Pt. I (with s. 5, Sch. 3)

41 Interpretation.E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(2)References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment including, except where the context otherwise requires, this Act.

[F8(2A)In this Act, except where the contrary is provided or the context otherwise requires, expressions defined in [F9the Town and Country Planning Act M11990] have the same meanings as in that Act.

In the application of this Act to Scotland, for the reference to [F9the Town and Country Planning Act 1990]in this subsection there shall be substituted a reference to the [F10Town and Country Planning (Scotland) Act M21997].]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7Ss. 1–27, 29-31, 33-40(1)–(5), 41(1), 41(3), 42(3)–(5), 43, Schs. 1, 4 repealed by Mineral Workings Act 1985 (c. 12, SIF 86), ss. 1(1), 6(2), 10, Sch. 2 (with savings (E.W.) in s. 4(1)(7) of the 1985 Act for ss. 20, 21, 41(1) )

F10Words in S. 41(2A) substituted (27.5.1997) by 1997 c. 11 ss. 4, 6(2), Sch. 2, para. 2 (with s. 5, Sch. 3)

Marginal Citations

42 General application to Scotland.E+W+S

(1)The provisions of this section shall, in addition to any express provision for the application to Scotland of any provision of this Act, have effect for the general application of this Act to Scotland.

(2)Sections one to twenty-eight and sections thirty-three to thirty-eight of, and the Schedules to, this Act shall not extend to Scotland.

(3)–(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11Ss. 1–27, 29-31, 33-40(1)–(5), 41(1), 41(3), 42(3)–(5), 43, Schs. 1, 4 repealed by Mineral Workings Act 1985 (c. 12, SIF 86), ss. 1(1), 6(2), 10, Sch. 2 (with savings (E.W.) in s. 4(1)(7) of the 1985 Act for ss. 20, 21, 41(1))

43†Short title, extent and repeal.E+W+S

(1)This Act may be cited as the Mineral Workings Act 1951.

(2)This Act shall not extend to Northern Ireland.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications etc. (not altering text)

C1Unreliable marginal note

SCHEDULES

F12F12FIRST SCHEDULEE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Ss. 1-27, 29-31, 33-40(1)-(5), 41(1), 41(3), 42(3)-(5), 43, Schs. 1, 4 repealed by Mineral Workings Act 1985 (c. 12, SIF 86), ss. 1(1), 6(2), 10, Sch. 2 (with savings (E.W.) in S. 4(1)(7) of the 1985 Act for ss. 20, 21, 41(1))

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources