OpenLegislation

Paragraph 15

(1)

Paragraph 14 above shall not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than the relevant distance below the level of the surface of the land.

(2)

In sub-paragraph (1) above, the reference to the relevant distance is—

(a)

in the case of a work consisting of a pedestrian tunnel or ground anchor, 2 metres, and

(b)

in the case of any other work, 9 metres.

(3)

For the purposes of sub-paragraph (1) above, the level of the surface of the land shall be taken—

(a)

in the case of any land on which a building is erected, to be the level of the surface of the ground adjoining the building, and

(b)

in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.