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Town and Country Planning (Scotland) Act 1997

Town and Country Planning (Scotland) Act 1997 s 262

s 262 Power to modify Act in relation to minerals.

(1) In relation to development consisting of the winning and working of minerals or involving the depositing of mineral waste, the provisions specified in Part I of Schedule 18 shall have effect subject to such adaptations and modifications as may be prescribed by regulations. (2) Such regulations . . . shall be of no effect unless they are approved by resolution of each House of Parliament. (3) Any such regulations shall not apply— (a) to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works on it which are occupied or used for those purposes, or (b) to the winning and working of peat by any person for the domestic requirements of that person. (4) Nothing in subsection (1) or (3) shall be construed as affecting the prerogative right of Her Majesty to any gold or silver mine.

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