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Mines (Working Facilities and Support) Act 1966

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This is the original version (as it was originally enacted).

3Limitations on grant of rights

(1)No right shall be granted under section 1 of this Act unless the court is satisfied that the grant is expedient in the national interest.

(2)No right shall be granted under section 1 of this Act unless it is shown that it is not reasonably practicable to obtain the right by private arrangement for any of the following reasons—

(a)that the persons with power to grant the right are numerous or have conflicting interests;

(b)that the persons with power to grant the right, or any of them, cannot be ascertained or cannot be found ;

(c)that the persons from whom the right must be obtained, or any of them, have not the necessary powers of disposition, whether by reason of defect in title, legal disability or otherwise;

(d)that the person with power to grant the right unreasonably refuses to grant it or demands terms which, having regard to the circumstances, are unreasonable.

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