3(1)If the working of any mines or minerals is prevented by reason of any of the preceding provisions of this Schedule, the owner of the mines or minerals may cut and make such communication works through the mines or minerals, or the strata in which they are situated, as are required for the ventilation, drainage and working of mines or minerals which are not underlying any part of the undertaking of the [F1Agency].E+W
(2)Communication works cut or made under this paragraph—
(a)shall not, in a case where—
(i)the part of the undertaking in question was constructed, made, erected or laid in pursuance of an order made under any enactment or is situated on land acquired by the [F1Agency] in pursuance of any powers of compulsory acquisition; and
(ii)the order authorising the works or acquisition designates dimensions or sections for the communication works,
exceed those dimensions or fail to conform to those sections; and
(b)in any other case, shall not be more than 2.44 metres high or more than 2.44 metres wide.
(3)Communication works cut or made under this paragraph shall not be cut or made on the land where the part of the undertaking is situated so as to cause damage to that part of the undertaking.
(4)Where works carried out under this paragraph by the owner of any mines or minerals cause loss or damage to the owner or occupier of land lying over the mines or minerals, the [F1Agency] shall pay full compensation to him for the loss or damage.
(5)Sub-paragraph (4) above shall not apply where the person sustaining the loss or damage is the owner of the mines.
(6)In this paragraph “communication works” means airways, headways, gateways or water levels.
Textual Amendments
F1Words in Sch. 23 para. 3 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3