Before the Opencast Coal Act 19581 came into operation2, power to take possession of and to use land for the purpose of opencast coal mining3 was conferred by the Defence (General) Regulations 19394. These emergency powers were revoked5 and replaced by the comprehensive scheme of the Opencast Coal Act 19586. Provisions of the Coal Industry Act 1975 which required opencast operations by the British Coal Corporation7 to be authorised and provided for the grant of planning permission for such operations by ministerial direction, have been repealed8; and the Act was modified to take account of the restructuring of the
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