2(1)The appropriate authority may, under section 8 or 36 of this Act—U.K.
(a)acquire only so much as may be required for the purposes mentioned in those sections of the subsoil and under-surface of; or
(b)create and acquire such easements or rights as may be required for those purposes in;
any land to which that section relates, not being land specified in the table in sub-paragraph (3) below, without being required to acquire any greater interest.
(2)The provisions of Part I of the M1Compulsory Purchase Act 1965, as applied by section 37 of this Act, and the enactments relating to compensation for the compulsory purchase of land, shall with the necessary modifications (including the adaptations of that Part of that Act specified in paragraph 8 below) have effect in relation to the creation and acquisition of such easements or rights as if it were the purchase of land within the meaning of that Part of that Act, and any notice to treat in respect of any such easement or right shall describe its nature.
(3)Notwithstanding the provisions of section 8 of this Act, the Secretary of State shall not acquire compulsorily under that section any interest in any part of any land specified in the following table, except the subsoil or under-surface or easements or rights in the subsoil and under-surface as provided by sub-paragraph (1) above—
The Table
| (1) | (2) |
|---|---|
| Area | Number of land shown on deposited plans |
| District of Shepway— | |
| town of Folkestone | 59 to 88 |
| parish of Hawkinge | 1 to 17 |
| District of Dover— | |
| parish of Capel-le-Ferne | 1 to 98 |
| parish of Hougham Without | 1 and 3 to 51 |
| town of Dover | 1 to 6, 19, 20, 21 and 32 |
(4)For the purposes of sub-paragraph (3) above the subsoil and under-surface of any land specified in the table in that sub-paragraph shall not include any subsoil or under-surface which is within 9 metres of the level of the surface of the ground or, in the case of a building on the land, the level of the surface of the ground adjoining the building or, in the case of a watercourse or other area of water, the level of the surface of the adjoining ground which is at all times above water level.