The requirements of this subchapter (relating to Lands Unsuitable for Mining) do not apply to:
  (1) lands on which surface coal mining operations were being conducted on August 3, 1977;
  (2) lands covered by a permit issued under the Act; or
  (3) lands where substantial legal and financial commitments in surface coal mining operations were in existence prior to January 4, 1977.

Source Note: The provisions of this §12.76 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640.