Part IE+W+S Authorisation of, and Facilities for, Opencast Working of Coal

10 Provisions as to minerals other than coal, and as to timber, crops etc.E+W+S

(1)A compulsory rights order shall confer upon [F1the person entitled to the rights conferred by the order], and upon persons authorised by [F1that person], the right to get and carry away any minerals worked in the exercise of rights conferred by the order, in so far as any such minerals are not already the property of [F1that person]; and any minerals got and carried away by virtue of this subsection, and removed from the land comprised in the order, shall become the property of [F1the person entitled to the rights conferred by the order] .

(2)Where, in the exercise of rights conferred by a compulsory rights order, any trees are felled, or any buildings, fences, sheds or other fixtures or structures are dismantled, the order shall confer upon [F1the person entitled to the rights conferred by the order], and upon persons authorised by [F1that person], the right to carry away and dispose of the timber, or, as the case may be, of any resulting materials; and any timber or materials carried away by virtue of this subsection, and removed from the land comprised in the order, shall become the property of [F1the person entitled to the rights conferred by the order].

(3)Where on the date of entry any crops are growing on any of the land comprised in a compulsory rights order, or any crops are grown on any of that land during the period of occupation, the order shall confer upon the [F1the person entitled to the rights conferred by the order], and upon persons authorised by [F1that person], the right during the period of occupation to harvest or lift those crops and to remove or otherwise dispose of them; and any crops harvested or lifted by virtue of this subsection shall become the property of the [F1the person entitled to the rights conferred by the order].

Textual Amendments

F1Words in s. 10(1)-(3) substituted (31.10.1994) by 1994 c. 21, s. 52, SCh. 8 para. 6