OpenLegislation

Section 72B Notices and accounts with respect to damage.C2C1

(1)

When and so far as reasonable and practicable, the company shall give notice to the mine owner and the royalty owner (if any) affected specifying particulars of—

(i)

the railway or works to which damage has been caused or to which damage is apprehended from the working of any minerals under the area of protection sufficient to enable the same to be identified;

(ii)

the nature of the damage or apprehended damage; and

(iii)

the nature of the works intended to be carried out for the purpose of making good or preventing the damage.

(2)

The company shall keep separate accounts differentiating the cost of the ordinary maintenance of the railway or works from the cost of making good any damage caused to the railway or works by the working of any minerals under the area of protection, and such account shall, at all reasonable times, be open for inspection by or on behalf of a mine owner working minerals under or near to such railway or works and the royalty owner (if any) of such minerals.

Annotations

Modifications

C1

S. 72B incorporated (S.) (27.5.1997) by 1997 c. 8, ss. 188(2), 278(2)

S. 72B applied (with modifications) (S.) (27.5.1997) by 1997 c. 9, ss. 47(2)(3), 83(2) (with s. 45(4))

S. 72B incorporated (S.) (17.7.1995) by 1994 c. 39, s. 98(2)(a); S.I. 1995/1898, art. 2

C2

Ss. 70–76 applied by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 36(3)

Notes on Working of mines

Editorial notes

X1

Ss. 70-78 as originally enacted are set out following s. 78D below