Part I Re-organisation of Coal Industry

The Coal Authority

4FF1Coal mine discharge: compulsory acquisition of land in Scotland

1

The Authority may, with the authorisation of the Scottish Ministers, acquire any land anywhere in Scotland compulsorily if the Authority is of the opinion that—

a

the acquisition is for the purpose of preventing, or mitigating the effect of, a discharge of water from a coal mine; and

b

the discharge has caused, is causing or is likely to cause—

i

serious pollution of the water environment; or

ii

danger to life or health.

2

The power to acquire land under subsection (1) above includes power to acquire a servitude or other right in or over land by the creation of a new right.

3

The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) applies in relation to an acquisition under subsection (1) above as if—

a

this section were contained in an Act in force immediately before the commencement of that Act; and

b

references in that Act to a local authority were references to the Authority.