Modifications etc. (not altering text)
C1Sch. 2 excluded by Water Act 1989 (c. 15, SIF 130), s. 159, (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
Sch. 2 excluded (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss.182, 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
C2Sch. 2 incorporated (with modifications) (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 22 (with arts. 40, 41, Sch. 12 Pt. 1 paras. 4 9(2), 10, Pt. 2 paras. 4(2)(3), 19, Pt. 4 paras. 3, 4, 16)
Modifications etc. (not altering text)
C5Sch. 2 Pts. 2, 3 applied by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 37(2), Sch. 5 Pt. 3 para. 4
C6Sch. 2 Pts. 2, 3 applied (with modifications) by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), s. 2(5), Sch. 2 Pt. 2 para. 4(1)
Sch. 2 Pt. 3 applied (with modifications) (28.7.1998) by 1998 c. iv, s. 7(1)(2)(with s. 41)
Sch. 2 Pts. 2, 3 applied (with modifications) (3.6.1999) by S.I. 1999/1555, art. 9
Sch. 2 Pt. 3 applied (with modifications) (E.) (29.3.2001) by S.I. 2001/1347, art. 36(1) (with arts. 15, 37, 38(2))
Sch. 2 Pt. 3 applied (with modifications) (E.) (29.3.2001) by S.I. 2001/1348, art. 12(1)
C7Sch. 2 Pt. 3 modified (18.12.1996) by 1996 c. 61, s. 4, Sch. 4 Pt. 3 para. 13
C8Sch. 2 Pt. 3 applied (with modifications) (12.8.2002) by The Channel Tunnel Rail Link (Thames Tunnel Approach) Order 2002 (S.I. 2002/1943), art. 6(2)
Sch. 2 Pt. 3 applied (with modifications) (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 39(1) (with art. 38)
C9Sch. 2 Pts. 2, 3 applied (with modifications) (22.3.2005) by The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), art. 50 (with art. 51)
C10Sch. 2 Pts. 2, 3 applied (with modifications) (22.7.2005) by The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), arts. 1, 46(1) (with art. 47)
C11Sch. 2 Pt. 3 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 6 para. 17
C12Sch. 2 Pt. 3 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 3 para. 3(5)
C13Sch. 2 Pts. 2, 3 incorporated (with modifications) (15.8.2013) by The North Blyth Biomass Power Station Order 2013 (S.I. 2013/1873), arts. 1, 14 (with art. 30)
C14Sch. 2 Pt. 3 incorporated (with modifications) (7.5.2014) by The National Grid (North London Reinforcement Project) Order 2014 (S.I. 2014/1052), arts. 1, 23
Sch. 2 Pt. 3 incorporated (with modifications) (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), arts. 1, 40
C15Sch. 2 Pts. 1-3 applied (with modifications) (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 22 (with art. 33)
C16Sch. 2 Pt. 3 incorporated (with modifications) (29.10.2014) by The Able Marine Energy Park Development Consent Order 2014 (S.I. 2014/2935), art. 32 (with arts. 30(4), 53)
C17Sch. 2 Pts. 2, 3 incorporated (with modifications) (2.2.2015) by The Northumberland County Council (A1 – South East Northumberland Link Road (Morpeth Northern Bypass)) Development Consent Order 2015 (S.I. 2015/23), arts. 1, 21(1)
C18Sch. 2 Pts. 2, 3 incorporated (with modifications) (9.6.2015) by The White Moss Landfill Order 2015 (S.I. 2015/1317), arts. 1, 13 (with art. 5)
C19Sch. 2 Pts. 2, 3 incorporated (with modifications) (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (S.I. 2015/1347), arts. 1, 21
C20Sch. 2 Pts. 2, 3 incorporated in part (with modifications) (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), arts. 1, 17(1) (with art. 30)
C21Sch. 2 Pt. 3 incorporated in part (with modifications) (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 14 (with art. 26)
C22Sch. 2 Pts. 2, 3 incorporated (with modifications) (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway Order 2016 (S.I. 2016/17), arts. 1, 27
C23Sch. 2 Pt. 3 incorporated in part (with modifications) (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 20 (with art. 32)
C24Sch. 2 Pts. 2, 3 incorporated in part (with modifications) (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 21 (with art. 39)
C25Sch. 2 Pts. 2, 3 incorporated (with modifications) (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 21 (with arts. 4, 5(3))
C26Sch. 2 Pts. 2, 3 applied (with modifications) (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 38 (with art. 39)
C27Sch. 2 Pts. 2, 3 incorporated (with modifications) (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts. 1, 26 (with arts. 35, 36)
C28Sch. 2 Pts. 2, 3 incorporated (with modifications) (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 37 (with art. 43)
C29Sch. 2 Pts. 2, 3 incorporated in part (with modifications) (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 33
C30Sch. 2 Pt. 3 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 4 para. 4(5)
C31Sch. 2 Pt. 3 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 6 para. 4(2)(3)
C32Sch. 2 Pt. 3 incorporated (with modifications) (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 19 (with art. 22)
C33Sch. 2 Pts. 2, 3 incorporated (with modifications) (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 22 (with arts. 4, 37)
C34Sch. 2 Pts. 2, 3 incorporated (with modifications) (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 20
C35Sch. 2 Pt. 3 applied (with modifications) (7.5.2019) by The Midland Metro (Birmingham City Centre Extension, etc.) (Edgbaston Extension Land Acquisition) Order 2019 (S.I. 2019/882), arts. 1, 14 (with art. 18)
C36Sch. 2 Pt. 3 incorporated (with modifications) (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 19
C37Sch. 2 Pt. 3 incorporated (with modifications) (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), arts. 1, 33
C38Sch. 2 Pt. 3 incorporated in part (with modifications) (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), arts. 1, 28 (with Sch. 13 Pt. 1 para. 19)
C39Sch. 2 Pt. 3 incorporated (with modifications) (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), arts. 1, 24 (with art. 3(1))
C40Sch. 2 Pt. 3 incorporated (with modifications) (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 17 (with art. 7)
C41Sch. 2 Pt. 3 incorporated in part (with modifications) (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), arts. 1, 28(1) (with art. 28(2))
C42Sch. 2 Pt. 3 incorporated (with modifications) (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 25 (with art. 37)
C43Sch. 2 Pt. 3 applied (with modifications) (23.9.2020) by The Midland Metro (Wednesbury to Brierley Hill Land Acquisition) Order 2020 (S.I. 2020/1067), art. 13
C44Sch. 2 Pt. 3 incorporated (with modifications) (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 26(b)
C45Sch. 2 Pt. 3 applied (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 7 para. 4(3)(4)
C46Sch. 2 Pt. 3 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 4 para. 4(5)
C47Sch. 2 Pt. 3 incorporated (with modifications) (19.2.2021) by The A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (S.I. 2021/125), arts. 1, 24 (with arts. 4, 47)
C48Sch. 2 Pt. 3 incorporated (with modifications) (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 30 (with arts. 15, 50, Sch. 11 para. 29)
C49Sch. 2 Pts. 2, 3 incorporated (with modifications) (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 26 (with arts. 5, 36)
C50Sch. 2 Pts. 2, 3 incorporated (with modifications) (13.7.2022) by The A47 Blofield to North Burlingham Development Consent Order 2022 (S.I. 2022/738), arts. 1, 25 (with arts. 4, 50)
C51Sch. 2 Pt. 3 incorporated (with modifications) (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), arts. 1, 29 (with arts. 62, 76, 87)
C52Sch. 2 Pt. 3 incorporated (with modifications) (2.9.2022) by The A47 North Tuddenham to Easton Development Consent Order 2022 (S.I. 2022/911), arts. 1, 24 (with arts. 4, 53)
C53Sch. 2 Pt. 3 incorporated (with modifications) (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 25
C54Sch. 2 Pts. 2, 3 incorporated (with modifications) (4.11.2022) by The A47/A11 Thickthorn Junction Development Consent Order 2022 (S.I. 2022/1070), arts. 1, 25 (with arts. 4, 52, Sch. 9 para. 82)
C55Sch. 2 Pt. 3 incorporated (with modifications) (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 25 (with art. 4)
C56Sch. 2 Pt. 3 incorporated (with modifications) (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), arts. 1, 25 (with arts. 4, 50)
C57Sch. 2 Pt. 3 incorporated in part (with modifications) (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 44 (with art. 19)
C58Sch. 2 Pt. 3 incorporated (with modifications) (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 26 (with arts. 5, 53, Sch. 8 paras. 6, 64)
C59Sch. 2 Pt. 3 incorporated (with modifications) (3.8.2023) by The Hornsea Four Offshore Wind Farm Order 2023 (S.I. 2023/800), arts. 1, 19 (with arts. 42, 43, Sch. 9 Pt. 1 para. 4, Pt. 3 para. 6(1), Pt. 4 para. 2, Pt. 9 para. 4)
C60Sch. 2 Pt. 3 incorporated (with modifications) (4.8.2023) by The A303 (Amesbury to Berwick Down) Development Consent Order 2023 (S.I. 2023/834), arts. 1, 20 (with arts. 6(2), 18, Sch. 11 paras. 5, 30)
C61Sch. 2 Pts. 2, 3 incorporated (with modifications) (7.9.2023) by The A38 Derby Junctions Development Consent Order 2023 (S.I. 2023/923), arts. 1, 24 (with arts. 4, 45, Sch. 9 paras. 6, 46, 54(1))
C62Sch. 2 Pts. 2, 3 incorporated (with modifications) (11.10.2023) by The Awel y Môr Offshore Wind Farm Order 2023 (S.I. 2023/1033), arts. 1, 21 (with arts. 36, 37, Sch. 9 para. 14, 44(1), 76, 103)
C63Sch. 2 Pts. 2, 3 incorporated (with modifications) (7.2.2024) by The Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 2024 (S.I. 2024/70), arts. 1, 30 (with art. 43, Sch. 12 paras. 5, 24)
C64Sch. 2 Pts. 2, 3 incorporated (with modifications) (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), arts. 1, 28 (with arts. 4, 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84)
C65Sch. 2 Pts. 2, 3 incorporated (with modifications) (11.3.2024) by The Net Zero Teesside Order 2024 (S.I. 2024/174), arts. 1, 36 (with arts. 42, 43, Sch. 12)
C66Sch. 2 Pts. 2, 3 incorporated (with modifications) (13.3.2024) by The Medworth Energy from Waste Combined Heat and Power Facility Order 2024 (S.I. 2024/230), arts. 1, 47 (with Sch. 11)
3(1)If the owner of any underlying mines or minerals desires to work them, he shall give the acquiring authority notice in writing of his intention to do so 30 days before the commencement of working.E+W
(2)On receipt of the notice the acquiring authority may cause the mines to be inspected by a person appointed by them for the purpose.
(3)Subject to paragraph 4(1) below, if the acquiring authority consider that the working of the underlying mines or minerals is likely to damage the undertaking, and is willing to compensate the owner for all or any part of the mines, the owner shall not work or get them.
(4)If the acquiring authority and the owner do not agree on the amount of compensation the question shall be referred to and determined by the [F1Upper Tribunal].
Textual Amendments
F1Words in Sch. 2 para. 3(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 151 (with Sch. 5)