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Coal Mining Subsidence Act 1991
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Coal Mining Subsidence Act 1991, Section 46 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 19(1A) inserted by 2023 asc 3 Sch. 13 para. 162
46 Notices to property owners etc.E+W+S
(1)Subject to subsection (2) below, where it is proposed to carry on any underground coal-mining operations, the Corporation—
(a)shall give to the owners or occupiers of any land which might be affected by subsidence as a result of the operations notice that there is a risk of their land being so affected; and
(b)shall give notice that they have done so to any organisation appearing to them to be representative of those owners or occupiers.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where notice has been given under subsection (1)(a) above in respect of any land, the Corporation shall give to the owners or occupiers notice of any of the following facts, that is to say—
(a)any decision not to proceed with the proposed operations;
(b)anything which gives the Corporation reason to believe that there is no longer any risk of the land being affected by subsidence; and
(c)the discontinuance of any operations which have been carried on.
(4)Where notice has been given under subsection (1)(a) above in respect of any land, the Corporation shall from time to time, until notice is given under subsection (3) above in respect of that land, give notice to the owners or occupiers reminding them of any risk there may be of the land being, or having been, affected by subsidence.
(5)The Secretary of State may by regulations make provision as respects—
(a)the contents and form of notices under this section;
(b)the times at which and the manner in which such notices are to be given;
(c)any information [F2, forms and documents which are] to accompany such notices.
(6)If no other time for giving a notice under subsection (4) above is prescribed under subsection (5)(b) above, the Corporation shall give the notice within the period of one year beginning with the date on which the most recent notice under this section was given.
(7)If no other manner for giving a notice under this section is so prescribed, the Corporation shall take all reasonably practicable steps for bringing the notice to the attention of the person to whom the notice is to be given.
(8)In this section—
(a)references to land include references to any buildings, structures or works on, in or over land; and
(b)references, in relation to any land, to the owners or occupiers include references to any person who is the owner or occupier of any part of the land or is liable to make good in whole or in part any subsidence damage affecting the land.
Textual Amendments
F1S. 46(2) repealed (31.10.1994) by 1994 c. 21, s. 67(8), Sch. 11 Pt. II (with ss. 40(7), 66); S.I. 1994/2553, art. 2
F2Words in s. 46(5)(c) substituted (31.10.1994) by 1994 c. 21, s. 45(4) (with ss. 40(7), 66); S.I. 1994/2552, art. 2, Sch. 1
Modifications etc. (not altering text)
C1S. 46 modified (31.10.1994) by 1994 c. 21, s. 43, Sch. 6 para. 8 (with ss. 40(7), 66); S.I. 1994/2553, art. 2
Commencement Information
I1S. 46 wholly in force at 30. 11. 1991 see s. 54(2) and S.I. 1991/2508, art. 2
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