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Coal Act 1943

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This is the original version (as it was originally enacted).

7Mines working facilities

(1)Subsection (1) of section twenty-two of the principal Act (which restricts the power of the Railway and Canal Commission to grant rights to search for or work coal) shall not apply, and shall be deemed never to have applied, to the granting of a right required by reason of the subsistence either of a retained interest or of any interest arising under a freeholder's lease :

Provided that no application made by virtue of this subsection otherwise than by the Coal Commission shall be referred by the Minister to the Railway and Canal Commission unless the Coal Commission have given notice in writing to the Minister that they approve the application.

(2)The provisions of the foregoing subsection shall have effect in lieu of the provisions of proviso (a) to subsection (1) of the said" section twenty-two (which provides that the said subsection (1) shall not apply to the granting of a right required by reason of the subsistence of a retained copyhold interest).

(3)No application under subsection (2) of section thirteen of the Mining Industry Act, 1926 (which enables the Railway and Canal Commission to grant a right to work coal freed from restrictions or conditions contained in a mining lease or otherwise binding on the person entitled to work it, or to work coal on other terms and conditions), made otherwise than by the Coal Commission shall be referred by the Minister to the Railway and Canal Commission unless the Coal Commission have given notice in writing to the Minister that they have no power to grant the right or any of the rights for which the application is made.

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