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Control of Pollution Act 1974

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This is the original version (as it was originally enacted).

25Disposal of waste underground by Coal Board etc.

(1)Where the Coal Commission or the National Coal Board (hereafter in this section referred to respectively as " the Commission " and " the Board ") or any licensees of the Commission or the Board 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 the Board or the licensees by virtue of section 15 of the Coal Act 1938 (under which the Commission had and the Board 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 the Board 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 the Board 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 the Board 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 the Board 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)The Board and any licensees of the Board 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 Coal Act 1938 have the same meanings in this section as in that Part.

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