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(1) Subject to sub-paragraph (2), land is an authorised site for the purposes of Part 20 if—
(a)it is identified in a grant of planning permission or any instrument by virtue of which planning permission is deemed to be granted as land which may be used for development described in this Part; or
(b)in any other case, it is land immediately adjoining an active access which, on 5th December 1988, was in use for the purposes of that mine in connection with coal-mining operations.
(2) For the purposes of sub-paragraph (1), land is not to be regarded as in use in connection with coal-mining operations if—
(a)it is used for the permanent deposit of waste derived from the winning and working of minerals; or
(b)there is on, over or under it a railway, conveyor, aerial ropeway, roadway, overhead power line or pipe-line which is not itself surrounded by other land used for those purposes.
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