Paragraph 3 F1

(1)

Where at the commencement of this Act—

(a)

any land is occupied by the F2Corporation for the purpose of working coal on that land, or on land contiguous therewith, by opencast operations, or for the purpose of restoring that land after it has been affected by the working of coal by such operations, and

(b)

the land is either land owned by the Corporation, or land in which there is a Crown or Duchy interest, but no private interest other than any interest belonging to the Corporation, and accordingly possession of that land has not been taken, or is not for the time being retained, in the exercise of emergency powers,

subsection (1) of section one of this Act shall not have effect in relation to that land; but the powers conferred on the Minister by section two of this Act shall be exercisable in relation to that land as those powers would be exercisable by the Minister in relation thereto on granting an authorisation under section one of this Act comprising that land.

(2)

The preceding sub-paragraph shall have effect notwithstanding anything in subsection (1) of section forty-four of this Act.

(3)

In this paragraph “Crown or Duchy interest” and “private interest” have the meanings assigned to them by section forty-four of this Act.

Annotations

Textual amendments

F1: Sch. 10 repealed (11.12.1987) by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(4), Sch. 12 Pt. II
F2: Word substituted by 1987 c. 3, s. 1(2), Sch. 1 para. 7(c)

Notes on Schedule TENTH

Textual amendments

F1: Sch. 10 repealed by 1986 c. 63, s. 39(4), Sch. 12 Pt. II

Modifications

C1: “The Minister” means Minister of Power whose functions are now exercisable by Secretary of State: S.I. 1969/1498, art. 2(1) and 1970/1537, art. 2(2)