Scottish Government

Introduction

Minerals are naturally occurring substances that are mined or quarried from the earth. The minerals most commonly used in Scotland are crushed rock, sand and gravel which provides essential construction material for new homes, buildings and transport infrastructure and coal which provides electricity to our homes and industries. Minerals are finite resources and the Scottish Government use planning policies to ensure that extraction takes place in a sustainable and environmentally acceptable manner.

Policy Aims

Scottish Planning Policy sets out policies for all minerals. It explains that:

• Sufficient supplies of minerals should be provided to meet the needs of Society
• The planning system should be used to steer development to sites where impacts on communities and the environment are acceptable
• Mineral resources should be safeguarded as far as possible
• Mineral consents are reviewed every 15 years to ensure that extraction is subjected to modern working standards

Scottish Planning Policy contains separate policies that apply to surface coal mining. This sets out similar considerations to other minerals although more explicit guidance is given on the issues that should be taken into account when determining whether a proposal is acceptable

Mining Waste Directive

The Management of Extractive Waste (Scotland) Regulations 2010 came into force on April 1, 2010. These Regulations transpose the Mining Waste Directive in Scotland. Guidance for The Management of Extractive Waste (Scotland) Regulations 2010 has been prepared to assist mineral operators and planning authorities with the preparation and consideration of the various documents that are needed to meet the requirements of the Regulations. The guidance was subject to consultation with stakeholders and the following changes were made prior to finalisation:

• the possible difficulties in dealing with storing deep or wet peat have been recognised insofar as it may not always be appropriate to deal with it under waiver in the same way as soil or thin peat.
• the scope for non waste is extended to include restoration of any part of the site, although the void remains the prime focus. Use of material for landscaping is also now recognised as a possible candidate for non waste provided the use is necessary e.g. for visual or noise screening . It remains the advice of the government that soil is best and most uniformly dealt with under waiver.
• the list of de facto inert waste has been amended to specifically exclude all coal measures sediments e.g. fireclay, brick clay and shale. These may still be shown to be inert but shouldn't be included in this list .The exclusions have been clarified to ensure that waste which has been contaminated in any way is not de facto inert.
• it is emphasised that provision of information or approval under these Regulations does not replace any aspect of the planning application, EIA or decision making process.
• sector guidance on borrow pits and underground mining has been added. The section on aggregates quarrying has mentioned that operators may wish to provide for a small quarry tip to cater for minor arisings if not already provided for elsewhere.
• the nature of reviews of WMPs has been expanded to confirm that new areas or facilities may be categorised provided it is still within the scope of the planning permission.
• the Category A questionnaire has been modified slightly where it deals with tips which have scope for failure beyond the boundary. Question 5 suggests that if possible operators could confirm the maximum reach of any spill. This is not intended to demand a specific study or calculation. In most cases operators will be able to make a reasonable estimate or safe maximum based on the dimensions of the mound. This will help the planning authority confirm any designations or sensitivities

Guidance on Waste Facilities classified as Category A under the Mining Waste Directive.

Publications

PAN 50 Controlling the Environmental Effects of Surface Mineral Workings

PAN 50 - ANNEX A: Control of Noise at Surface Mineral Workings

PAN 50 - ANNEX B: Control of Dust at Surface Mineral Workings

PAN 50 - ANNEX C: Control of Traffic at Surface Mineral Workings

PAN 50 - ANNEX D: Control of Blasting at Surface Mineral Workings

PAN 64 Reclamation of Surface Mineral Workings

Circular 1/2003: The Environmental Impact Assessment (Scotland) Amendment Regulations 2002 Review of Old Mineral Permissions (ROMPs)

Circular 34/1996 Commencement of Section 96 of the Environment Act 1995: Review of Old

The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Scotland) Amendment Regulations 2009

The Scottish Aggregate Survey 2005

Scottish Factsheets on:

Brick Clay

Buidling Paving and Roofing Stone

Igneous Rock

Silica Sand

Also Worth Seeing

For further information on Minerals please contact:

Graham Marchbank
0131 244 7525