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Commons Act 1876

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20 Gravel digging. U.K.

Where any common is regulated pursuant to this Act by a provisional order of the Inclosure Commissioners confirmed by Parliament, or is the subject of a scheme confirmed by Parliament under the provisions of the M1Metropolitan Commons Act 1866, or the M2Metropolitan Commons Amendment Act 1869, or (being situate within the metropolitan police district) is the subject of any private or local Act of Parliament having for its object the preservation of such common as an open space, no surveyor of highways or highway board constituted in pursuance of the Highway Acts, . . . . . . F1 shall search for, dig, or carry away gravel, sand, stone or other materials in or from any part of such common which has not been set apart for that purpose with the sanction of Parliament, without the consent of the person or persons having the regulation or management of the same, or in default of such consent, without an order of two or more justices [F2of the peace] who may in their order prescribe such conditions as to mode of working and restitution of the surface as to them shall seem expedient.

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C1S. 20 extended by Commons Act 1899 (c. 30), s. 8

C2References to a surveyor of the highways to be construed as references to a highway authority: Highways Act 1980 (c. 66, SIF 59), s. 343(1), Sch. 23 para. 23

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