Railways Clauses Consolidation Act 1845

80 Rights of access through specified minerals. E+W+N.I.

If the working of any minerals is prevented under this Act by reason of a counter-notice, a mine owner whose minerals extend so as to lie on both sides of the specified minerals may cut and make such airways, headways, gateways, or water levels through the specified minerals and the strata above or below the same or any of them as may be requisite to enable him to ventilate, drain, and work his remaining minerals; but no such airway, headway, gateway, or water level shall be cut or made upon or so as to injure any part of the protected works, or within forty yards of any other airway, headway, gateway, or water level, nor shall the same without the consent of the company (which consent shall not be unreasonably withheld) be greater than eight feet wide and eight feet high, unless the top of the same is more than one hundred and sixty yards below the average rail level of the protected works, or, if the top exceeds that distance, than thirteen feet wide and eight feet high.

Modifications etc. (not altering text)

C1 Power to incorporate s. 77 and ss. 78–85 as originally enacted, conferred by New Towns Act 1981 (c. 64, SIF 123:3), s. 14(3)(4) (ss. 77-85 as originally enacted are set out following s. 85E below)

C2 S. 80 incorporated (29.1.1991) by S.I. 1991/134, art 3(1)

S. 80: Ss. 78-85 applied (with modifications) (28.3.1991) by S.I.1991/933, art.3(4)

S. 80 incorporated (25.4.1991) by S.I. 1991/1111, art. 3(1)

S. 80 incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 80 incorporated (28.9.1991) by s.I. 1991/2210, art. 3(1)

Ss. 78-85E incorporated (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1), 13(7)

Ss. 78-85E incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

Ss. 78-85E incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

Ss. 77-85E incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

Ss. 77-85E incorporated (with modifications) (22.1.1997) by S.I. 1997/102, arts. 3(1), 12(10)

Ss. 78-85E incorporated (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

Ss. 78-85E applied (10.2.1997) by S.I. 1997/264, art. 7(3)

Ss. 78-85E incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

Ss. 78-85E incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

Ss. 78-85E incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

Ss. 78-85E incorporated (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 3(1) (with art. 40)

Ss. 78-85E incorporated (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

Ss. 78-85E incorporated (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (3.7.2006) by Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), arts. 1, 3(1)(3)

Ss. 78-85E incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2) (with arts. 34, 35(2))

Ss. 78-85E incorporated (with modifications) (28.9.2007) by London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 4(1)(2) (with arts. 19, 28, Sch. 3 para. 13(2))

Ss. 78-85E incorporated (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 7(1) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

Ss. 78-85E incorporated (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

C3 Ss. 78-85E incorporated (with modifications) (30.12.2009) by South Devon Railway Order 2009 (S.I. 2009/3281), arts. 1, 3

C4 Ss. 78-85E incorporated (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C5 Ss. 78-85E incorporated (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C6 Ss. 78-83 incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C7 Ss. 78-83 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C8 Ss. 78-85E incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C9 Ss. 78-85E incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C10 Ss. 78-83 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C11 Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C12 Ss. 78-85E incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C13 Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C14 Ss. 78-85E incorporated (with modifications) (E.W.) (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 3(1)(3)

C15 Ss. 78-85E incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C16 Ss. 78-85E incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C17 Ss. 78-83 incorporated (with modifications) (E.W.) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 3(1)(3) (with art. 31(2))

C18 Ss. 78-85E incorporated (E.W.) (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 3(1) (with art. 46(2), Sch. 19 para. 61)

C19 Ss. 78-83 incorporated (E.W.) (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 3(1)(h)(3) (with art. 51)

C20 Ss. 78-85E incorporated (E.W.) (11.1.2023) by The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022 (S.I. 2022/1406), arts. 1, 3(1) (with art. 34(2), Sch. 12 paras. 5, 47, 79)

C21 Ss. 78-83 incorporated (E.W.) (2.8.2023) by The Rother Valley Railway (Bodiam to Robertsbridge Junction) Order 2023 (S.I. 2023/815), arts. 1, 3(1) (with art. 42)

C22 Ss. 78-85E incorporated (with modifications) (E.W.) (25.4.2024) by The Network Rail (Church Fenton Level Crossing Reduction) Order 2024 (S.I. 2024/526), arts. 1, 3