Opencast Coal Act 1958 in Scotland
6 & 7 Eliz. 2 c. 69 · Enacted 1 August 1958 · Extends to England, Wales and Scotland
An Act to make provision with respect to the working of coal by opencast operations, including provision for the compulsory acquisition by the National Coal Board of rights over land and provision for the payment of compensation in connection therewith; to provide for adjustments betweeen landlords and tenants, and in respect of mortgages, mining leases and orders conferring working rights, in consequence of the authorisation of such operations or of the acquisition by the Board of such rights over land; and for purposes connected with the matters aforesaid.
Annotations to the whole text
Modifications
- C1
Act: Transfer of certain functions (1.7.1999) by S.I. 1999/672, arts. 1(2), 2, Sch. 1; S.I. 1998/3178, art. 3
- C2
In this Act for the word “Board” wherever occurring (elsewhere than in s. 3(1) where occurring for the first time and elsewhere than in s. 14A(6)(a) ) and for the word “Board's” whenever occurring there are substituted respectively the words “Corporation” and “Corporation's” by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 7(c) (which para. 7 was repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 11 Pt. II; S.I. 1994/2553, art. 2)
- C3
Act extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(x), Sch. 8 para. 33
- C4
Act extended (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 1(2)(11), (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 16, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1), 17, 40(4), 57(6), 58)
- C5
Act modified (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 1(9)(10), (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 16, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1), 17, 40(4), 57(6), 58)
- C6
Act extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(1)(x), Sch. 17 para. 33
Act extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(viii); S.I. 1996/218, art. 2
Act restricted (31.10.1994) by 1994 c. 21, s. 52(1)(3) (with ss. 40(7), 66); S.I. 1994/2553, art. 2
Act modified (31.10.1994) by 1994 c. 21, s. 67, Sch. 10 para. 9(1)(5) (with ss. 40(7), 66); S.I. 1994/2552, art. 2, Sch. 1
Commencement
- I1
Act wholly in force at 30.9.1958 by s. 53(2) (now repealed)
Contents
- Part I: Authorisation of, and Facilities for, Opencast Working of Coal
- 1Authorisation of opencast working of coal. Repealed
- 2Planning permission for authorised operations. Repealed
- 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 4Compulsory rights orders.
- 5Effect of opencast site orders.
- 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 7General limitations on effect of compulsory rights orders.
- 8Limited compulsory rights orders.
- 9Property exempt from inclusion in compulsory rights orders.
- 10Provisions as to minerals other than coal, and as to timber, crops etc.
- 11Registration of compulsory rights orders.
- 12Removal and disposal of chattels from land comprised in compulsory rights order.
- 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 14AProvisions as to agricultural tenancies in Scotland.
- 15Suspension of certain public rights of way.
- 15ASupension of public rights of way—supplementary.
- 16Acquisition of rights for purposes of drainage or water supply.
- Part II: Compensation for Compulsory Rights Orders
- Compensation in respect of agricultural land
- 17General provisions as to annual compensation.
- 18Calculation of compensation undersection 17.
- 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 21Terminal compensation.
- 22Compensation by way of payment of cost of works.
- 23Compensation by reference to the diminution in value of the holding.
- 23AAdditional compensation on re-occupation.
- 25Deductions from tenant’s compensation.
- 26Compensation for short-term improvements and related matters.
- 27Compensation in respect of forced sales.
- 28Special provisions as to market gardens.
- Compensation in respect of non-agricultural land
- 29Annual and terminal compensation, and compensation in respect of forced sales.
- 30Non-agricultural tenant’s improvements.
- Compensation in respect of other matters
- 31Compensation in respect of easements and other rights.
- 31ACompensation in respect of disposable minerals.
- 32Compensation for depreciation of other land in same ownership.
- 33Compensation in respect of minerals.
- Supplementary provisions as to compensation
- 34Provisions as to compensation in special cases.
- 35Time when compensation accrues due.
- 36Record of condition of land.
- Part III: Miscellaneous and Supplementary Provisions
- 37Consequential adjustments between landlords and tenants and in respect of mortgages and mining leases and orders.
- 38Protection from compulsory purchase of land occupied for authorised purposes.
- 39Entry on land.
- 40Claims for compensation payable by Corporation
- 41Provisions as to allotment gardens and other allotments.
- 42Special provisions as to property held for religious purposes.
- 43Provisions as to mortgaged land and other special cases.
- 44Crown land.
- 45Provisions as to telegraphic lines.
- 46Section 46
- 47Provisions as to notices and public inquiries.
- 48Transitional provisions. Repealed
- 49Provisions as to regulations and orders.
- 50Expenses.
- 51Interpretation.
- 52General application to Scotland.
- 53Short title, commencement and extent.
- Schedule FIRST
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule SECOND: Procedure relating to compulsory rights orders
- Part I
- Making, confirmation, validity and date of operation of orders
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12 Repealed
- Part II
- Notification of date of entry
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Schedule THIRD: Provisions as to compensation by way of payment of cost of works
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule FOURTH: Short-term improvements and related matters for which compensation is payable
- Part I: Improvements
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part II: Other matters
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- IIIModifications of Part II of this Schedule in relation to land not occupied by a tenant
- Part IV: Improvements (Scotland)
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- VModifications of Part IV of this Schedule in relation to land not occupied by a tenant
- Part VI: Market garden improvements
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Schedule FIFTH: Compensation in respect of minerals
- General provisions
- 1Paragraph 1
- 2Paragraph 2
- Annual and initial compensation payable to mineral operator
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Terminal compensation payable to mineral operator
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Compensation payable to owner other than mineral operator
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Provisions as to compensation under other provisions of Part II
- 14Paragraph 14
- 15Paragraph 15
- Schedule SIXTH: Application of compensation provisions to special cases
- Changes in right of occupation, or division of ownership of holding
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3 Repealed
- 4Paragraph 4
- 4AParagraph 4A
- 5Paragraph 5
- 6Paragraph 6
- Provisions as to assessment of profit or loss under s. 19
- 7Paragraph 7 Repealed
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Assessment of annual compensation otherwise than by reference to letting from year to year
- 12Paragraph 12 Repealed
- 13Paragraph 13
- Valuation of property otherwise than by reference to sale in open market
- 14Paragraph 14
- Woodlands
- 15Paragraph 15
- Terminal compensation in respect of agricultural land qualifying for compensation under s. 26
- 16Paragraph 16
- Provisions as to compensation under s. 32
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Restricted lettings, and easements and similar rights
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22 Repealed
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- Apportionment of annual compensation in respect of parts of a year
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- Concurrent compulsory rights orders
- 29Paragraph 29
- Compensation in respect of limited compulsory rights orders
- 30Paragraph 30
- Application to Scotland
- 31Paragraph 31
- Schedule SEVENTH: Adustments between landlords and tenants and in respect of mortgages and mining leases and orders
- Part I: Agricultural holdings
- 1Paragraph 1
- 1AParagraph 1A
- 2Paragraph 2
- 2AParagraph 2A
- 3Paragraph 3
- 3AParagraph 3A
- 4Paragraph 4
- 4AParagraph 4A
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 7AParagraph 7A
- Part II: Other land
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Part III: General provisions for protection in respect of tenancies and mortgages
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Part IV: Provisions as to mining leases and orders
- 17Paragraph 17
- 18Paragraph 18
- Part V: Special provisions as to business, professional and other tenants
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Part VI: Application to Scotland
- 25Paragraph 25
- Schedule EIGHTH: Tenancies of allotment gardens and other allotments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule NINTH: Provisions as to notices
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule TENTH: TRANSITIONAL PROVISIONS
- Part I: General
- 1Paragraph 1
- Part II: Opencast Sites
- Authorisations
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Termination of emergency powers
- 5Paragraph 5
- Compulsory rights orders in respect of requisitioned opencast sites
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12 Repealed
- Certification of payments under existing arrangements
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Annual and initial compensation
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Terminal compensation
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- Tenant’s improvements
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- Depreciation of other land in same ownership
- 32Paragraph 32
- Provisions as to minerals
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- Provisions as to allotment gardens and other allotments
- 39Paragraph 39
- 40Paragraph 40
- Concurrent requisitions
- 41Paragraph 41
- Part III: Storage Sites
- Termination of emergency powers
- 42Paragraph 42
- Certification of payments under existing arrangements
- 43Paragraph 43
- Annual compensation
- 44Paragraph 44
- Terminal compensation and tenant’s improvements
- 45Paragraph 45
- Depreciation of other land in same ownership
- 46Paragraph 46
- Concurrent requisitions
- 47Paragraph 47
- Part IV: Temporary stopping up of highways
- 48Paragraph 48
- 49Paragraph 49
- Part V: Provisions as to Woodlands
- 50Paragraph 50
- Part VI: Application to Scotland
- 51Paragraph 51