
PART I
1 
These regulations may be cited as the 
Mining Dereliction (Compulsory Works) (Procedure) Regulations 1985
and shall come into operation on 28th June 1985.
2 
In these regulations—
 “the Act”
means the Mineral Workings
Act 1985;
 “the 1949 Act”
means the 
National Parks and Access to the Countryside Act 1949;
 “works notice”
means a notice under section
8(4) of the Act of a proposal to carry out
works on land under section 89(2)
of the 1949 Act without the consent of all persons interested in the land;

 “the authority”
means the local authority by whom a works notice is
given;
 “application to the Secretary
of State” means an application
under section 8(6)
of the Act for a decision whether or not works under 
section 89(2) of the 1949 Act may be carried
out without the consent of all persons interested in the land;
 “relevant operations”
 has the same meaning as in 
section 89(2) of the 1949 Act.
PART II
3 
A works notice shall specify—
(a) the nature and extent of the works which
the authority propose to carry out and their location;
(b) the date, being not less than 21 clear
days from the date of the giving of the works notice, upon which the authority
propose to start the works;
(c) the reasons why the authority consider
that the works should be carried out as a matter of urgency;
(d) the name and address of all of the persons
to whom notice of the intention to carry out the works is being given;
(e) the grounds on which the authority are
proposing to carry out the works without the consent of all of the persons
interested in the land (including, where appropriate, the name and address
of any person who has withheld consent to the carrying out of the works or
the name of any person interested in the land on which the works are proposed
to be carried out, whom the authority have been unable to trace);
(f) where the grounds on which the authority
are proposing to carry out the works without the consent of all of the persons
interested in the land are that they have been unable to identify, or to trace,
one or more of those persons, the steps which the authority have taken in
attempting to identify or trace such person or persons;
and the notice shall be in the form set out in the Schedule
to these regulations.
4 
A works notice shall be accompanied by—
(a) such plans, drawings and diagrams as
are, in the authority's opinion, necessary to indicate the location, nature
and extent of the works; and
(b) a copy of 
section 8 of the Act and a copy of 
section 89(2) of the 1949 Act.
5 
A works notice shall be given in the manner specified in section 233(2) of
the Local Government Act 1972.

PART III
6 
An application to the Secretary of State may
be made on any of the following grounds:—
(a) that the surface of the land under which
the relevant operations have been carried out has not collapsed or, as the
case may be, is not in imminent danger of collapse;
(b) that there is no risk, or no likely risk,
of death of or injury to persons or damage to other land or other property;

(c) that the works specified in the works
notice exceed those which are reasonably required;
(d) that consent to the carrying out of the
works so specified has not been withheld unreasonably;
(e) that the authority have not made sufficient
attempt to identify or trace all of the persons interested in the land.
7 
An application to the Secretary of State shall
be made in writing, and shall specify the grounds on which it is made and
the facts upon which the applicant proposes to rely in support of each of
those grounds.
8 
The Secretary of State may appoint such person
or persons as he thinks fit for the purpose of—
(a) inspecting the land to which the works
notice relates; and
(b) undertaking such consultations with the
applicant and with the authority as the appointed person considers necessary.

9 
The person or persons appointed by the Secretary
of State shall so far as practicable complete their inspection and any consultations
within 7 days of the date of their appointment.
10 

(1) The decision of the Secretary of State
may be given in writing or orally; and where the decision is given orally,
it shall as soon as practicable thereafter be confirmed in writing.
(2) The Secretary of State shall, when giving
his decision (or, in the case of a decision given orally, when confirming
that decision in writing), state his reasons for it.
Patrick Jenkin
Secretary of State for the Environment
22nd May 1985Nicholas Edwards
Secretary of State for Wales
23rd May 1985
SCHEDULE
(Regulation 3)
