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SCHEDULES

SCHEDULE 23E+W MINERAL RIGHTS

Powers of entryE+W

5(1)Any person designated in writing for the purpose by the [F1appropriate agency] may, for any purpose specified in sub-paragraph (2) below—E+W

(a)enter on any land in which the mines or minerals are, or are thought to be, being worked, and which is in or near to the land where any part of the [F1appropriate agency's] undertaking is situated; and

(b)enter the mines and any works connected with the mines.

(2)The purposes mentioned in sub-paragraph (1) above are—

(a)carrying out any inspection under paragraph 2(2) above;

(b)ascertaining whether any mines or minerals have been worked so as to damage the undertaking of the [F1appropriate agency]; and

(c)carrying out any works and taking any other steps which the [F1appropriate agency] in question is authorised to carry out or take under paragraph 2(6) above.

(3)A person authorised to enter any premises under this paragraph may—

(a)make use of any equipment belonging to the owner of the mines or minerals in question; and

(b)use all necessary means for discovering the distance from any part of the undertaking of the [F1appropriate agency] to the parts of the mines or the minerals which are, or are about to be, worked.

(4)Schedule 20 to this Act shall apply in relation to the powers conferred by this paragraph as it applies to the powers conferred by sections 169 to 172 of this Act.

Textual Amendments