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Water Industry Act 1991
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- 1991 c. 56
- SCHEDULE 14
- Compensation relating to severance
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Changes and effects yet to be applied to Schedule 14 Crossheading Compensation-relating-to-severance:
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- s. 76-76C substituted for s. 76 by 2010 c. 29 s. 36
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- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
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- s. 36A-36G inserted by 2010 c. 29 s. 35(1)
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- s. 144C inserted by 2010 c. 29 s. 45(1)
- s. 154A inserted by 2012 c. 8 s. 1
- s. 154B inserted by 2012 c. 8 s. 2
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2010/101 art. 2-5 commences (2008 c. 29)
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- S.I. 2010/2169 art. 3-5 commences (2010 c. 29)
- S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
- S.I. 2011/694 art. 3 4 commences (2010 c. 29)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
Compensation relating to severanceE+W
4(1)Where mines or minerals underlying any part of a relevant undertaker’s undertaking are situated so as, on two or more sides of that land, to extend beyond the land on which that part of the undertaking is situated, the relevant undertaker shall from time to time pay to the owner of the mines or minerals (in addition to any compensation under paragraph 2 above) any expenses and losses incurred by him in consequence of—E+W
(a)the severance by the undertaking of the land lying over the mines;
(b)the interruption of continuous working of the mines in consequence of paragraph 2(3) above;
(c)the mines being so worked in accordance with restrictions imposed by virtue of this Act or any order made under this Act,
and shall pay for any minerals not purchased by the relevant undertaker which cannot be got or won by reason of the part of the undertaking in question being situated where it is or by reason of the requirement to avoid damage to any part of the relevant undertaker’s undertaking.
(2)Any dispute as to whether any sum should be paid under this paragraph or as to the amount payable shall be referred to the arbitration of a single arbitrator appointed by agreement between the relevant undertaker and the owner of the mines or minerals or, in default of agreement, by the Secretary of State.
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