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Railways Clauses Consolidation (Scotland) Act 1845

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76Power to company to enter and inspect the working of mines.U.K.

For better ascertaining whether any such mines are being worked or have been worked so as to damage the railway or works, it shall be lawful for the company, after giving twenty-four hours notice in writing to enter upon any lands through or near which the railway passes wherein any such mines are being worked or are supposed so to be, and to enter into and return from any such mines or the works connected therewith; and for that purpose it shall be lawful for them to make use of any apparatus or machinery connected with such mines belonging to the owner, lessee, or occupier of such mines upon payment of the reasonable cost of using and working the same, and of any loss thereby occasioned to the working of the mines, or otherwise, and to use all necessary means for discovering the distance from the railway to the parts of such mines which are being worked or about so to be.

Modifications etc. (not altering text)

C1Ss. 70–76 applied by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 36(3)

Ss. 70-78 (as originally enacted) incorporated (with modifications) (1.4.2002) by 2002 asp 33, s. 46(3)(a) (with s. 67); S.S.I. 2002/118, art. 2

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