Opencast Coal Act 1958

Changes over time for: Section 13

Version Superseded: 31/10/1994

Alternative versions:

01/02/1991- Amendment
01/02/1991
Point in time
31/10/1994- Amendment

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Point in time view as at 01/02/1991. This version of this provision has been superseded.

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13 Apparatus of statutory undertakers and other bodies.E+W+S

(1)The [F1provisions of section 271 of the Act of 1990 (which] relates to the extinguishment of rights, and removal of apparatus, belonging to statutory undertakers) shall have effect in relation to land [F2in respect of which opencast planning permission has been granted],but shall so have effect subject to the following modifications, that is to say,—

(a)so much of those provisions as relates to the extinguishment of rights shall not apply;

(b)subject to the preceding paragraph, those provisions shall apply as if any reference to land which has been acquired or appropriated as therein mentioned were a reference to land [F3in respect of which opencast planning permission has been granted], and as if any reference to the purchasing or appropriating authority were a reference to the [F4Corporation];

(c)those provisions shall apply as if [F5any reference to a statutory undertaking included a reference to a sewerage undertaking and to a sewage disposal undertaking and]any reference to the appropriate Minister were a reference to the appropriate Minister [F6within the meaning of this Act]; and

(d)[F7subsection (5) of the said section 271 shall]apply as if any reference to a local authority or statutory undertakers were a reference to the [F4Corporation], and as if any reference to “the Minister” were a reference to [F8the Secretary of State].

(2)Without prejudice to the preceding subsection, the provisions of [F9the said section 271 shall]have effect in relation to land [F10in respect of which opencast planning permission has been granted]—

(a)subject to the modifications specified in paragraphs (a), (b) and (d) of the preceding subsection, and

[F11(b)as if any reference in those provisions to the person carrying on a statutory undertaking included a reference to a [F12water authority] or other drainage authority, and, in relation to a [F12water authority] or other drainage authority, any reference to the carrying on of the undertaking were a reference to the performance of the functions of the authority.]

[F11(b)as if any reference in those provisions to the person carrying on a statutory undertaking included a reference to an internal drainage board and, in relation to an internal drainage board, any reference to the carrying on of the undertaking were a reference to the performance of the functions of the board.]

(3)Where any requirement is imposed [F13by virtue of section 271 of the Act of 1990 as applied by either of the preceding subsections, the provisions of sections 275 to 277 of that Act (which relate to the powers, duties and obligations of statutory undertakers) and of sections 278 to 282 of that Act (which]relate respectively to the procedure for dealing with objections under those sections and to the assessment of compensation) shall have effect in relation to that requirement (subject to the modifications specified in paragraphs (c) and (d) of subsection (1) of this section, or, as the case may be, subject to those modifications and the further modifications specified in paragraph (b) of the last preceding subsection) as if it were a requirement imposed under [F14the said section 271].

(4)For the avoidance of doubt, it is hereby declared that the provisions referred to in the preceding subsections apply in accordance with those subsections in relation to land [F15in respect of which opencast planning permission has been granted]and constitutes the site of a [F16highway][F16road] which is for the time being stopped up or diverted (whether permanently or temporarily) by virtue of any enactment, as those provisions apply in relation to other land [F17in respect of which opencast planning permission has been granted].

(5)Subsection (3) of section thirty-two of the M1Mineral Workings Act 1951 (which applies the provisions of [F18section 219 of the Town and Country Planning (Scotland) Act 1972 to roads stopped up or diverted by virtue of section 198 of that Act) shall]not apply to land constituting the site of a [F19highway][F19road][F20in respect of which opencast planning permission has been granted].

[F21(5A)In subsections (4) and (5) above, “road” has the same meaning as in the Roads (Scotland) Act 1984]

(6)In the application of this section to Scotland, [F22for references to section 271, subsection (5) of that section and sections 275 to 282 of the Act of 1990 there shall be substituted respectively references to section 219, subsection (4) of that section, and sections 222 to 229 of the said Act of 1972; [F23“highway”]includes a public right of way;] and in paragraph (d) of subsection (1), for the words “the Minister” there shall be substituted the words “the Secretary of State”.