Mining Act 1978

This section applies to an activity done on land the subject of a miscellaneous licence using machinery to disturb the surface of the land for the purposes of, or in preparation for, a licensed activity but does not apply to mining operations.

It is a condition of every miscellaneous licence that a licensed activity that is an EMA must not be done by the holder of the miscellaneous licence on land the subject of the miscellaneous licence unless —

the holder has given an EMA notice in respect of the activity; or

the EMA is proposed in a programme of work and approved under section 103AK(1).

It is a condition of every miscellaneous licence that a licensed activity that is not an EMA must not be done by the holder of the miscellaneous licence on land the subject of the miscellaneous licence unless the licensed activity is proposed in a programme of work and approved under section 103AK(1).

A holder of a miscellaneous licence is not required to comply with a condition referred to in subsection (2) or (3) in respect of a licensed activity that is proposed in a mining development and closure proposal relating to the miscellaneous licence and approved under section 103AO(1).

It is a condition of every miscellaneous licence that, if a licensed activity on land the subject of the miscellaneous licence is proposed in a programme of work and approved under section 103AK(1), the holder of the miscellaneous licence must not do the activity on the land otherwise than in accordance with the approved programme of work for the activity.

Unless a Government agreement provides otherwise, this section does not apply to a miscellaneous licence granted or held under the agreement in accordance with proposals approved, taken to be approved or determined under the agreement.