Whereas the British Coal Corporation (hereinafter called “the Corporation”) were established with the then title of the National Coal Board by sections 1 and 2 of the [1946 c. 59.] Coal Industry Nationalisation Act 1946, with the duties of working and getting coal in Great Britain, securing the efficient development of the coal-mining industry and making supplies of coal available as best to further the public interest:

And whereas in pursuance of the St. Aidan’s Extension Authorisation 1980 granted under section 1 of the [1958 c. 69.] Opencast Coal Act 1958 and in pursuance of planning permission deemed to be granted by virtue of a direction of the Secretary of State under section 2 of that Act, the Corporation from 1981 worked the St. Aidan’s Extension Site (hereinafter called “the opencast site”):

And whereas the opencast site lies near to the river Aire and to the Aire and Calder Navigation of the British Waterways Board, which is one of the commercial waterways of the Board within the meaning of Part VII of the [1968 c. 73.] Transport Act 1968:

And whereas in March 1988 the river Aire adjacent to Lemonroyd Lock and the opencast site burst its banks and filled the opencast site with some four billion gallons of water to a depth of some 70 metres, so that working of the site was suspended:

And whereas it is expedient to remedy the situation and to provide for the future use of the lands affected by reconstructing the course of the river Aire and the Aire and Calder Navigation, pumping out the void on the opencast site, completion of opencast operations at the site and its landscaping reinstatement:

And whereas for those purposes it is expedient that the Corporation should be empowered to construct the diversion of the navigation and other works, which they are by this Act authorised to construct and to acquire lands and easements for such works and otherwise:

And whereas it is expedient that the other provisions in this Act should be enacted:

And whereas the objects of this Act cannot be effected without the authority of Parliament:

And whereas plans and sections showing the lines, situations and levels of the works authorised by this Act, and a book of reference to such plans containing the names of the owners and lessees, or reputed owners and lessees, and of the occupiers, of the lands which may be acquired or used compulsorily under the powers of this Act, have been deposited in the office of the Clerk of the Parliaments and in the Private Bill Office, House of Commons, and with the proper officer of the Leeds City Council and such plans, sections and book of reference are in this Act respectively referred to as the deposited plans, the deposited sections and the deposited book of reference: