Opencast Coal Act 1958

Sections 26, 28.

FOURTH SCHEDULEE+W+S Short-term improvements and related matters for which compensation is payable

Part IE+W+SImprovements

1E+W+SMole drainage and works carried out to secure the efficient functioning thereof.

2E+W+SProtection of fruit trees against animals.

3E+W+SChalking of land.

4E+W+SClay-burning.

5E+W+SLiming of land.

6E+W+SApplication to land of purchased manure (including artificial manure).

7E+W+SConsumption on the land of corn (whether produced on the land or not) or of cake or other feeding stuff not produced on the land, by—

(a)horses, cattle, sheep or pigs;

(b)poultry folded on the land as part of a system of farming practised on the land.

Part IIE+W+SOther matters

8E+W+SGrowing crops and severed or harvested crops and produce, being in either case crops or produce grown on the land in the year ending with the date of entry.

9E+W+SSeeds sown and cultivations, fallows and acts of husbandry performed on the land at the expense of the tenant.

10E+W+SPasture laid down with clover, grass, lucerne, sainfoin or other seeds, being either—

(a)pasture laid down at the expense of the tenant otherwise than in compliance with an obligation imposed on him by an agreement in writing to lay it down to replace temporary pasture comprised in the land when the tenant entered thereon which was not paid for by him; or

(b)pasture paid for by the tenant on entering on the land.

11E+W+SAcclimatisation, hefting or settlement of hill sheep on hill land.

Part IIIE+W+SModifications of Part II of this Schedule in relation to land not occupied by a tenant

In paragraph 9, the words “at the expense of the tenant” shall be omitted.

In paragraph 10, the words from “being either” to the end of the paragraph shall be omitted.

Part IVE+W+SImprovements (Scotland)

12E+W+SProtecting fruit trees against animals.

13E+W+SChalking of land.

14E+W+SClay-burning.

15E+W+SClaying of land.

16E+W+SLiming of land.

17E+W+SMarling of land.

18E+W+SEradication or bracken, whins, or broom growing on the land at the commencement of a tenancy, and in the case of arable land the removal of tree roots, boulders, stones or other like obstacles to cultivation.

19E+W+SApplication to land of purchased manure (including artificial manure).

20E+W+SConsumption on the land of corn (whether produced on the land or not), or of cake or other feeding stuff not produced on the land, by—

(a)horses, cattle, sheep or pigs; or

(b)poultry folded on the land as part of a system of farming practised on the land.

21E+W+SLaying down temporary pasture with clover, grass, lucerne, sainfoin, or other seeds, sown more than two years prior to the date of entry, in so far as the value of the temporary pasture on the land at the date of entry exceeds the value of the temporary pasture on the land at the commencement of the tenancy for which the tenant did not pay compensation.

Part VE+W+SModifications of Part IV of this Schedule in relation to land not occupied by a tenant

In paragraph 18 the words “growing on the land at the commencement of a tenancy” shall be omitted.

For paragraph 21, there shall be substituted the following paragraph:— “21.Pasture laid down with clover, grass, lucerne, sainfoin or other seeds.”

Part VIE+W+SMarket garden improvements

22E+W+SPlanting of standard or other fruit trees permanently set out.

23E+W+SPlanting of fruit bushes permanently set out.

24E+W+SPlanting of strawberry plants.

25E+W+SPlanting of asparagus, rhubarb and other vegetable crops which continue productive for two or more years.

26E+W+SErection, alteration or enlargement of buildings for the purposes of the trade or business of a market gardener.