Mining Act 1992

In this Schedule—

agricultural land means—

land that has been sown with not less than 2 crops of an annual species during the period of 10 years immediately preceding the relevant date, or

land that has been sown with 1 crop of an annual species during the period of 10 years immediately preceding the relevant date if the relevant authority is satisfied that—

having regard to the date on which the land was brought under cultivation, it would not be reasonable to expect more than one such crop to have been sown, and

there was a sufficient reason for not having brought the land under cultivation at an earlier date, or

land on which—

at the relevant date, trees are growing that provide shade or shelter or a windbreak to other land described in this definition, or

at any time during the period of 10 years immediately preceding the relevant date, edible fruit or nut bearing trees, vines or any other perennial crop approved by the relevant authority have or has been growing, or

pastures—

that are sown with seed of a species and at a rate of application, or treated with fertiliser of a composition and at a rate of application, satisfactory to the relevant authority, and

that have, as a result of that sowing or treatment, maintained a level of pasture production that is substantially above that which might be expected of natural pastures, or

land that is used, to an extent acceptable to the relevant authority, for the production of grass seed, pasture legume seed, hay or silage, or

land that has a preponderance of improved species of pasture grasses.

the relevant authority means the Secretary or any officer of the Department authorised by the Secretary to exercise functions under this Schedule.

the relevant date means the date or dates with reference to which the relevant authority is required under clause 2 to decide whether or not any land is agricultural land.

For the purposes of paragraphs (a) and (b) of the definition of agricultural land in subclause (1), land is not to be treated as having been sown with a crop of an annual species unless, in the opinion of the relevant authority, the crop sown was carried through to a successful use.