SCHEDULES
C5SCHEDULE 2 Minerals
C8C9C11C10C1C2C3C4 Part III
Sch. 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)
Sch. 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)
Sch. 2 Pt. 3 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 6 para. 17
Sch. 2 Pt. 3 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 3 para. 3(5)
Sch. 2 Pts. 2, 3 applied by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 37(2), Sch. 5 Pt. 3 para. 4
Sch. 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)
Sch. 2 Pt. 3 modified (18.12.1996) by 1996 c. 61, s. 4, Sch. 4 Pt. 3 para. 13
Sch. 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)
4
1
If before the expiration of 30 days from the receipt of notice under paragraph 3(1) above the acquiring authority do not state their willingness to treat with the owner for the payment of compensation the owner may work any of the underlying mines for which the acquiring authority has not agreed to pay compensation by proper methods and in the usual manner of working such mines in the district in question.
2
If any damage or obstruction to the undertaking is caused by improper working of the underlying mines—
a
the owner of the mines shall forthwith repair or remove the damage or obstruction at his own expense,
b
the acquiring authority may, without waiting for the owner to perform his duty, or in case of his default, repair or remove the damage or obstruction and recover their expenses from the owner in proceedings in the High Court.
Sch. 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)