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Edinburgh Airport Rail Link Act 2007

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Changes over time for: Section 36

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36Restrictions regarding operational airport landS

(1)In respect of the land referred to in subsection (2), the powers conferred by this Act for the compulsory acquisition of land or rights in land, or for taking temporary possession of land compulsorily, shall be subject to such requirements as EAL may reasonably make to ensure that there is no material adverse impact on the operation or safety of its airport undertaking.

(2)The land mentioned in subsection (1) is the land, forming part of Edinburgh Airport, shown on the Parliamentary plans numbered 250, 251, 254 to 263, 263a, 267, 271, 273, 275, 275a, 277 to 279, 279a, 280 to 282, 282a, 284 to 289, 289a, 290, 291, 291a, 291b, 292, 292a, 292b, 292c, 293, 295 to 298, 300, 300a, 300b, 300c, 300d, 300e, 300f, 301, 303, 306 to 309, 311, 685, 689, 691, 692, 695, 698, 700, 702, 712, 715, 716, 724, 727, 842, 844 to 854 and 856.

(3)Any difference arising under this section between the authorised undertaker and EAL shall, unless the parties otherwise agree, be determined by arbitration.

(4)Unless otherwise agreed with EAL, the authorised undertaker shall not take possession of any land referred to in subsection (2) or commence any part of the authorised works on that land until agreement is reached or a determination is made in accordance with the requirements of this section.

(5)Notwithstanding the terms of section 67(1) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), any lease of the land referred to in subsection (2) which is granted by EAL to the authorised undertaker may continue for a period of up to 250 years.

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