1(1)This paragraph applies in each of the following cases, that is to say—E+W
(a)where the [F1appropriate agency] acquires any land (whether compulsorily in exercise of any power conferred by or under this Act or otherwise); and
(b)where the [F1appropriate agency] carries out any works in relation to any land for the purposes of, or in connection with, the carrying out of any of its functions.
(2)Subject to sub-paragraph (3) below, the [F1appropriate agency] shall not, by virtue only of its acquisition of the land or the carrying out of the works, become entitled to any mines or minerals lying under the land; and, accordingly, any such mines or minerals shall be deemed to be excepted from any instrument by virtue of which the land vests in the [F1appropriate agency] unless express provision to the contrary is contained—
(a)where the land vests in the [F1appropriate agency] by virtue of a conveyance, in the conveyance; or
(b)where the land is acquired by the [F1appropriate agency] in pursuance of any power of compulsory acquisition conferred by or under this Act, in the order authorising the acquisition.
(3)The [F1appropriate agency] shall be entitled to such parts of any mines or minerals that lie under the land as it may be necessary for it to dig, carry away or use in carrying out any works for the purpose of constructing, making, erecting or laying any part of its undertaking.
Textual Amendments
F1Words in Sch. 23 paras. 1-7 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 315(a) (with Sch. 7)