Opencast Coal Act 1958

15 Suspension of certain public rights of way

(1) Where an application is made to the Minister for an authorisation under section one of this Act, and over any part of the land described in the application as land which the Board will require to occupy there subsists a public right of way, not being a right enjoyable by vehicular traffic, the provisions of section three of the Acquisition of Land Act (which relates to the extinguishment of such public rights of way over land acquired) shall apply in relation to that right of way, subject to the modifications specified in the following provisions of this section.

(2) For the purposes of the application of that section in accordance with the preceding subsection—

(a) any reference to the extinguishment of a public right of way by an order under that section shall be construed as a reference to the suspension of a public right of way by such an order while the order remains in force;

(b) any reference to the Minister of Housing and Local Government shall be construed as a reference to the Minister;

(c) any reference to the provision of a suitable alternative right of way shall be construed as a reference to the making of a suitable alternative way available for use by the public during the period for which the order under that section remains in force ;

(d) any reference to the acquiring authority shall be construed as a reference to the Board ;

(e) any reference to land acquired or proposed to be acquired as mentioned in subsection (1) of that section shall be construed as a reference to land described in the application as mentioned in subsection (1) of this section.

(3) The Minister shall not make an order suspending a right of way under the said section three as applied by this section unless he has granted an authorisation under section one of this Act comprising the land over which the right of way subsists:

Provided that this subsection shall not prevent any steps preparatory to the making of such an order from being taken at any time after an application for the authorisation has been made and before it is granted.

(4) An order made under the said section three as applied by this section may suspend the right of way in question as from such time (not being earlier than the making of the order) as may be specified in the order, and accordingly sub-paragraphs (i) to (iii) of subsection (1) of that section, and the proviso to that subsection, shall not apply; but, where such an order has been made in connection with an authorisation under section one of this Act, the Minister shall revoke the order—

(a) if no authorised operations have been carried out in pursuance of that authorisation, and the Minister is satisfied that there is no early prospect of their being carried out, or

(b) as soon after such operations have been carried out as he is satisfied that it is no longer necessary for the fulfilment of the authorised purposes that the right of way should be suspended.

(5) An order made in respect of a right of way under the said section three as applied by this section shall include such provisions as may appear to the Minister to be appropriate for securing the reconstruction of the way on the restoration of the land over which the right of way subsisted immediately before the order was made.

(6) Where in accordance with the provisions of subsection (3) of the said section three as applied by this section a public local inquiry is to be held, and in accordance with the provisions of the First Schedule to this Act a public local inquiry is to be held with respect to the relevant application for an authorisation under section one of this Act, the Minister may direct that those inquiries (including, in a case falling within paragraph 6 of that Schedule, any inquiry relating to a compulsory rights order on which proceedings are to be taken concurrently with the proceedings relating to the application for an authorisation) shall be held concurrently.

(7) Where the Minister makes an order under the said section three, as applied by this section, in respect of a public right of way over any land, and grants an authorisation under section one of this Act in respect of that land, and the order is expressed to be made on the footing that a suitable alternative way will be made available by the Board (whether on land comprised in the authorisation or on other land) for use by the public during the period for which the order remains in force.—

(a) the order may provide that, in so far as the carrying out of any operations, or any change in the use of land, involved in making that alternative way so available, or in permitting it to be used by the public, constitutes development within the meaning of the Act of 1947, permission for that development shall be deemed to be granted under Part III of that Act, subject to such conditions (if any) as may be specified in the order;

(b) where an order includes provisions in accordance with the preceding paragraph, subsection (3) of section two of this Act shall apply in relation to those provisions as it applies in relation to directions given under that section;

(c) if a compulsory rights order referring to that authorisation is made, then, in the application to that order of subsection (5) of section five of this Act, the authorised purposes shall be taken to include the purpose of making an alternative way available for use by the public on land comprised in the order, and the right exercisable in accordance with that subsection, as against all persons directly concerned, shall include the right to permit the public to use any way so made available;

(d) if the land on which the alternative way is to be made available is specified in the order made under the said section three, as applied by this section, and is land which does not form part of, but is contiguous with, the land comprised in the authorisation, a compulsory rights order referring to that authorisation may include that land as if it were part of the land comprised in the authorisation.

(8) In the application of this section to Scotland, for references to section three of the Acquisition of Land Act there shall be substituted references to section three of the Scottish Acquisition of Land Act, for references to the Act of 1947 and to Part III of that Act there shall be substituted respectively references to the Scottish Act of 1947 and to Part II of that Act, and for the reference to the Minister of Housing and Local Government there shall be substituted a reference to the Secretary of State.