Opencast Coal Act 1958

16 Acquisition of rights for purposes of drainage or water supply. E+W+S

(1) For the purpose of draining land [F1 in respect of which opencast planning permission has been granted], the Minister may authorise the [F2 Corporation] to purchase compulsorily a right to place drainage works on any other land, whether above or below ground, and to use, repair and maintain those works, without purchasing any other interest in that land.

(2) For the purpose of bringing a supply of water to land [F1 in respect of which opencast planning permission has been granted], the Minister may authorise the [F2 Corporaion]to purchase compulsorily a right to place water pipes on any other land, whether above or below ground, and to use, repair and maintain those pipes, without purchasing any other interest in that land.

(3) An order authorising the compulsory purchase of a right by virtue of this section shall specify the land (being the whole or part of the land [F3 in respect of which the permission was granted]) for the benefit of which the right is to be acquired.

(4) Any right purchased by the [F2 Corporation] in pursuance of such an order—

(a) if so purchased while the [F2 Corporation] are in occupation of the land specified in the order in accordance with the last preceding subsection, shall be exercisable by the [F2 Corporation], and by persons authorised by the [F2 Corporation], while the [F2 Corporation]continue to be in occupation of that land;

(b) whether purchased while the [F2 Corporation] are in occupation of that land or not, shall be treated for all purposes as an easement appurtenant in perpetuity to that land.

[F4 (4A) In relation to the compulsory purchase of a right by virtue of this section—

(a) the M1 Acquisition of Land Act 1981 shall apply, and

(b) that Act and the M2 Compulsory Purchase Act 1965 shall have effect as if references (whatever the terms used) to the land comprised in the compulsory purchase order were construed, where the context so requires, as references to the land on which the works or pipes are to be placed, and references to the obtaining or taking possession of the first mentioned land were construed as references to the exercise of the right.]

[F5 (5) In relation to the compulsory purchase of a right by virtue of this section—

(a) the Acquisition of Land Act shall apply as if the [F2 Corporation]were a local authority within the meaning of that Act and as if this Act had been in force immediately before the commencement of that Act; and

(b) that Act, and the enactments incorporated therewith, shall have effect as if references (whatever the terms used) to the land comprised in the compulsory purchase order were construed, where the context so requires, as references to the land on which the works or pipes are to be placed, and references to the obtaining or taking possession of the first-mentioned land were construed as references to the exercise of the right.]

(6) The provisions of section eleven of this Act shall apply in relation to a compulsory purchase order made by virtue of this section as they apply in relation to a compulsory rights order.

(7) In this section “drainage works” includes any pipes or other works for draining land and any works accessory to such works; and—

(a) any right to maintain drainage works or water pipes in pursuance of an order made by virtue of this section shall include the right to remove those works or pipes, whether for the purpose of replacing them by other drainage works or water pipes or otherwise, and

(b) any right to maintain drainage works on any land in pursuance of such an order shall, if the order so provides, include a right to discharge water from those works on to that land.

(8) Nothing in this section shall be construed as authorising any interference with the exercise of a public right of way, or any contravention of a prohibition or restriction imposed by or under any enactment (whether contained in a public general Act or in any other Act).

(9) In the application of this section to Scotland, for references to the Acquisition of Land Act there shall be substituted references to the Scottish Acquisition of Land Act; and for subsection (4) there shall be substituted the following subsection:—

“(4) The title to any right purchased by the [F2 Corporation]in pursuance of such an order shall be recorded by the [F2 Corporation] in the appropriate register of sasines, and on the title being so recorded the right shall be exercisable in all time coming by the [F2 Corporation] or any other person in occupation of the land specified in the order in accordance with the last preceding subsection.”

Textual Amendments

F1 Words substituted by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(3), Sch. 8 para. 7(a)

F2 Word in s. 16 substituted by 1987 c. 3, s. 1(2), Sch. 1 para. 7(c)

F3 Words substituted by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(3), Sch. 8 para. 7(b)

F4 S. 16(4A) inserted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34(1), Sch. 4 para. 11(4)

F5 S. 16(5) repealed (E.W.) by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34(3), Sch. 6 Pt. I

Modifications etc. (not altering text)

C1 S. 16 restricted (31.10.1994) by 1994 c. 21, s. 52(1)(c)(3) (with ss. 40(7), 67, Sch. 10 para. 9(5)); S.I. 1994/2553, art. 2

C2 S. 16(9) amended by Land Registration (Scotland) Act 1979 (c. 33, SIF 31:3), s. 29(2)(3)

Marginal Citations

M1 1981 c.67 (28:1).

M2 1965 c.56 (28:1).