Acquisition of Land Act 1981

Severed mines

5 (1) If underlying mines in which any protected minerals are situated extend on both sides of the undertaking, the owner of the mines may cut and make any communication works through the protected minerals required for the ventilation, drainage and working of the mines.

(2) The communication works shall not exceed the dimensions or sections prescribed by the compulsory purchase order, and where dimensions are not so prescribed, they shall not be more than eight feet high and eight feet wide.

(3) The communication works shall not be cut or made on any part of the undertaking, or so as to injure it or impede its use.

(4) In this paragraph—

(a) "protected minerals" means mines, measures or strata the working of which is prevented under paragraph 3(3) above,

(b) “ communication works " means airways, headings, gateways or water levels.

6 (1) If underlying mines extend on both sides of the undertaking, the acquiring authority shall from time to time pay to the owner of the mines (in addition to any compensation under paragraph 3 above) any expenses and losses incurred by him in consequence of—

(a) the severance by the undertaking of the land lying over the mines,

(b) the interruption of continuous working of the mines in consequence of paragraph 3(3) above, and

(c) the mines being worked in such manner and subject to such restrictions as not to prejudice or injure the undertaking,

and for any minerals not purchased by the acquiring authority which cannot be obtained by reason of the making and maintenance of the undertaking.

(2) Any dispute as to the amount payable under this paragraph shall be determined by arbitration.

7 (1) Where works carried out under paragraph 5 above cause loss or damage to the owner or occupier of land lying over the mines the acquiring authority shall pay full compensation to him for the loss or damage.

(2) This paragraph shall not apply where the person sustaining the loss or damage is the owner of the mines.