Section 21 Provision as commons.C1
No land being part of any common and no easement over or affecting any common, shall be purchased, taken, or acquired under this Act without the consent of the Board of Agriculture, and the Board shall not give their consent unless they are satisfied that, regard being had to all the circumstances of the case, such purchase, taking, or acquisition is necessary, that the exercise of the powers conferred by the order authorising the railway will not cause any greater injury to the common than is necessary, and that all proper steps have been taken in the interest of the commoners and of the public to add other land to the common (where this can be done) in lieu of the land taken, and where a common is divided to secure convenient access from one part of the common to the other.
The expression “common” in this section shall include any land subject to be enclosed under the Inclosure Acts 1845 to 1882, any metropolitan common within the meaning of the Metropolitan Commons Acts 1866 to 1878, and any town or village green.
Annotations
Modifications
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References to Board of Agriculture to be construed as references to Secretary of State: Board of Agriculture and Fisheries Act 1903 (c. 31), s. 1, Ministry of Agriculture and Fisheries Act 1919 (c. 91), s. 1(1), S.I. 1955/554 (1955 I, p. 1200), 1965/143, arts. 2(1)(a), 3(1)(a), Sch., 1967/156 arts. 2(2)(a)(5), 3(1), and 1970/1681, arts. 2(1), 6(3)
Notes on the whole Act
Textual amendments
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Act repealed (E.W.) (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. I; S.I. 1992/2784, art. 2(b), Sch. 2 Pt. II (with art. 3(2)(3)).