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Coal Industry Act 1975

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Changes over time for: SCHEDULE 1

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Version Superseded: 31/10/1994

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Section 2.

SCHEDULE 1E+W+S Supplementary Provisions Relating to Right to Withdraw Support

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5(1)Subject to sub-paragraph (2) below, on an application under section 7 of the M1Mines (Working Facilities and Support) Act 1966 (imposition of restrictions on the working of minerals where a person having an interest in land is not entitled to support or to sufficient support for buildings or works), the applicant shall not be required to pay or give any compensation or consideration in respect of the imposition of restrictions appearing to the court to be justified by the existence of the right to withdraw support conferred on the [F5Corporation] by section 2 of this Act.

(2)Sub-paragraph (1) above shall not apply in any case falling within subsection (5)(a) of section 2 of this Act and shall not apply in any other case, other than one falling within subsection (5)(b) of that section, unless the application is sent to the Secretary of State before the end of the period of six months beginning with the date of the first publication of a notice under that section relating to the land to which the application relates or, in a case falling within subsection (6) of that section, the first publication of the notice under paragraph 6 of Schedule 2 to the M2Coal Act 1938 referred to in that subsection.

(3)Notwithstanding anything in section 12 of the M3Mines (Working Facilities and Support) Act 1966, restrictions the imposition of which appears to the court to be justified as mentioned in sub-paragraph (1) above may be imposed under section 7 of that Act on the application of, and so as to vest the right to enforce the restrictions in, any such company, authority or body as is mentioned in section 12; and such restrictions may be so imposed on the application of, and so as to vest the right to enforce the restrictions in, any company or other body or person carrying on an undertaking primarily for the supply of gas, electricity, water or hydraulic power for public purposes or to members of the public.

Textual Amendments

F5Sch. 1 para. 5: for "Board" and "Board's" wherever they occur in the Act (with specified exceptions) there is substituted "Corporation" or "Corporation's" by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 28(2).

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