Coal-Mining (Subsidence) Act 1957

9 Special provisions as to ancient monuments etc.

(1) This section shall apply in relation to any subsidence damage where the damaged property is—

(a) specified in the Schedule to the Ancient Monuments Protection Act, 1882, or for the time being specified in a list published under section twelve of the Ancient Monuments Consolidation and Amendment Act, 1913 ; or

(b) notified to the Board by the Minister of Works as an ancient monument within the meaning of the Ancient Monuments Acts, 1913 to 1953, for the time being under the care of that Minister ; or

(c) a building notified to the Board by the Minister of Works as being in that Minister's opinion of outstanding historic or architectural interest.

(2) If and so far as, having regard to the nature and extent of the subsidence damage, it is practicable and in the public interest so to restore the damaged property to a condition comparable to its condition at the date immediately before the subsidence damage occurred as to maintain the historic, architectural, archaeological or other special interest attaching thereto at that date, then, for the purposes of remedial works in connection with that property, that property shall not be deemed to be reasonably fit for the purposes mentioned in subsection (2) of section one of this Act unless it has been so restored.

(3) Any dispute arising under the last foregoing subsection as to whether or how far it is practicable or in the public interest to restore any property as mentioned in that subsection shall be determined by the Minister of Works.