Section 85D Interpretation.C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21

England, Wales and Northern Ireland

(1)

In the foregoing provisions of this Act with respect to mines lying under or near a railway, unless the context otherwise requires:

“Mine owner” includes the owner, lessee, or other person entitled to work and get minerals;
“Seam” in relation to minerals includes bed, lode and vein;
“Surface” in relation to land includes any buildings, works or things erected constructed, or growing thereon;
“Royalty” includes rent and any other reservation in respect of minerals by the acre, ton or otherwise;
“Royalty owner” includes any person entitled to receive a royalty in respect of minerals;
“Deficiency due to short working” means the amount by which the royalties payable under a lease of the minerals worked fall short of the fixed or minimum rent;
“Lease” includes an under-lease or other tenancy and a licence;
“Lessee” includes an under-lessee and a licensee.

(2)

For the purposes of the said provisions, the depth of a seam at any point of the railway shall be taken to be the distance between the rail level and the point where a line drawn vertically through the centre of the railway would first cut the seam of minerals, except that for the purpose of ascertaining the area of protection, but not for any other purpose, the said distance shall, where the railway is carried through a tunnel, be measured from the point where the said line would cut the natural surface of the land instead of from the rail level.

(3)

Where in an arbitration under the said provisions there are more than two parties involved, then, unless all the parties otherwise agree, the arbitration shall be conducted by a single arbitrator appointed by the Board of Trade, and the provisions of this Act with respect to the settlement of disputes by arbitration shall apply as if all the parties had concurred in his appointment as a single arbitrator.

Annotations

Modifications

C1

Ss. 78-85E incorporated (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1), 13(7)

Ss. 78-85E incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

Ss. 78-85E incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

Ss. 77-85E incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

Ss. 77-85E incorporated (with modifications) (22.1.1997) by S.I. 1997/102, arts. 3(1), 12(10)

Ss. 78-85E incorporated (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

Ss. 78-85E applied (10.2.1997) by S.I. 1997/264, art. 7(3)

Ss. 78-85E incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

Ss. 78-85E incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

Ss. 78-85E incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

Ss. 78-85E incorporated (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 3(1) (with art. 40)

Ss. 78-85E incorporated (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

Ss. 78-85E incorporated (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (3.7.2006) by Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), arts. 1, 3(1)(3)

Ss. 78-85E incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2) (with arts. 34, 35(2))

Ss. 78-85E incorporated (with modifications) (28.9.2007) by London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 4(1)(2) (with arts. 19, 28, Sch. 3 para. 13(2))

Ss. 78-85E incorporated (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 7(1) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

Ss. 78-85E incorporated (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

C2

Ss. 78-85E incorporated (with modifications) (30.12.2009) by South Devon Railway Order 2009 (S.I. 2009/3281), arts. 1, 3

C3

Ss. 78-85E incorporated (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C4

Ss. 78-85E incorporated (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C5

Ss. 85-85E incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C6

Ss. 85-85E incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C7

Ss. 78-85E incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C8

Ss. 78-85E incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C9

Ss. 85-85E incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C10

Ss. 85-85E incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C11

Ss. 78-85E incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C12

Ss. 85-85E incorporated (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C13

Ss. 78-85E incorporated (with modifications) (E.W.) (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 3(1)(3)

C14

Ss. 78-85E incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C15

Ss. 78-85E incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C16

Ss. 85-85E incorporated (with modifications) (E.W.) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 3(1)(3) (with art. 31(2))

C17

Ss. 78-85E incorporated (E.W.) (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 3(1) (with art. 46(2), Sch. 19 para. 61)

C18

Ss. 85-85E incorporated (E.W.) (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 3(1)(h)(3) (with art. 51)

C19

Ss. 78-85E incorporated (E.W.) (11.1.2023) by The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022 (S.I. 2022/1406), arts. 1, 3(1) (with art. 34(2), Sch. 12 paras. 5, 47, 79)

C20

Ss. 78-85E incorporated (with modifications) (E.W.) (25.4.2024) by The Network Rail (Church Fenton Level Crossing Reduction) Order 2024 (S.I. 2024/526), arts. 1, 3

C21

Ss. 78-85E incorporated (with modifications) (18.12.2024) by The Network Rail (Leeds to Micklefield Enhancements) Order 2024 (S.I. 2024/1284), arts. 1, 3(1)(3) (with Sch. 15)

Notes on Working of mines

Editorial notes

X1: Ss. 77-85 as originally enacted are set out following s. 85E below

Section 85D Interpretation.C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21

Annotations

Modifications

Notes on Working of mines

Editorial notes

Section 85D Interpretation.C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21