Part IU.K. Re-organisation of Coal Industry

The Coal AuthorityE+W+S

[F14FCoal mine discharge: compulsory acquisition of land in ScotlandS

(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.]

Textual Amendments