- Latest available (Revised)
- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 31/10/1994
Point in time view as at 01/02/1991. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Control of Pollution Act 1974, Section 25.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Where the Coal Commission or [F1the British Coal Corporation] (hereafter in this section referred to respectively as “the Commission” and “ [F1the Corporation]”) or any licensees of the Commission or [F1the Corporation] have, in the course of operations carried on for coal-mining purposes, exercised in respect of any underground land a right conferred on the Commission or [F1the Corporation] or the licensees by virtue of section 15 of the M1Coal Act 1938 (under which the Commission had and [F1the Corporation] have among other things subject to the restrictions mentioned in that section, the right in the course of such operations to enter and to execute works and do the other acts there mentioned in underground land not vested in them), that section shall have effect in relation to the land as if the reference to coal-mining purposes included the purposes of disposing of waste.
(2)The preceding subsection shall apply to any underground land which—
(a)is neither land included in a mine of coal which is vested in [F1the Corporation] nor land to which the said section 15 as modified by the preceding subsection applies apart from this subsection; but
(b)is included in the boundaries of a cavity adjacent to such land as is mentioned in the preceding paragraph,
as if [F1the Corporation] had, in the course of such operations as are mentioned in the preceding subsection, exercised such a right as is so mentioned in respect of the underground land.
(3)Paragraph (e) of the proviso to the said section 15 (which provides that [F1the Corporation] and its licensees shall not by virtue of that section be entitled to do any act which apart from that section would be actionable as a trespass or nuisance and likely to cause damage of more than a nominal amount) shall not apply to any right exercisable by virtue of subsection (1) or (2) of this section; but a person having an interest in any underground land who suffers damage by reference to that interest in consequence of the exercise of such a right shall be entitled to recover compensation from [F1the Corporation] in respect of the damage if the amount of the compensation will exceed £50, and any dispute as to a person’s entitlement to compensation in pursuance of this subsection or as to the amount of the compensation shall be determined by arbitration.
(4)[F1The Corporation] and any licensees of [F1the Corporation] shall not be entitled by virtue of subsection (1) or (2) of this section to exercise any right in respect of any underground land unless they have, not less than twenty-eight days before exercising the right, published in a local newspaper circulating in the locality in which the land is situated a notice specifying the right and indicating the location of the land and a place in the said locality at which a plan showing the location of the land may be inspected by the public free of charge at all reasonable hours.
(5)Expressions used in this section and Part I of the M2Coal Act 1938 have the same meanings in this section as in that Part.
Textual Amendments
F1Words substituted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 23
Modifications etc. (not altering text)
C1S. 25 restricted (31.10.1994) by 1994 c. 21, s. 51(8); S.I. 1994/2553, art. 2
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: