Requisitioned Land and War Works Act 1945

25 Deep lines.

(1) Where any line constructed by the Postmaster General in the exercise of emergency powers is a deep line, then, subject to the provisions of this section, no compensation shall be payable to any person, whether under the Compensation (Defence) Act, 1939, or otherwise, by reason of the construction, maintenance or use thereof.

This subsection shall be deemed to have had effect as from the beginning of the war period.

(2) No obligation imposed on the Postmaster General or power conferred on any other person to remove or alter a telegraphic line (whether the obligation is imposed or the power is conferred by or under any Act, including this Act or a local or personal Act, or by or under any agreement or otherwise) shall apply to a deep line constructed in the exercise of emergency powers, but where, after the end of the war period, any person proves that he would, but for the provisions of this subsection, have power to remove or alter, or require the removal or alteration of, any deep line or any part of a deep line, being a line or part in respect of which no compensation has previously been paid under this subsection, the Postmaster General shall pay to him and to every other person then having an estate or interest in the land through or under which that line or part passes a sum equal to the amount by which the values of their respective estates and interests in that land are diminished by the operation of this subsection in relation to that line or part.

(3) If any government war works constructed below the surface of any land in connection with the construction of, but not forming part of, a deep line, remain in the land after the completion of the line, and any person having an estate or interest in the land, proves that the presence of those works in the land interferes or is likely to interfere with any existing or proposed works of his on the land, then, unless compensation has already been paid in respect of the said government war works, the Postmaster General shall pay to him and to every other person then having an estate or interest in the land a sum equal to the amount by which the values of their respective estates and interests in the land are diminished by the presence of the said government war works in that land.

(4) The amount and application of any compensation payable under this section shall be determined in accordance with section seven of the [26 & 27 Vict. c. 112.] Telegraph Act, 1863, as amended by or under any subsequent enactment.

(5) In this section, the expression " deep line " means a telegraphic line which for the greater part of its course consists of a tunnel containing wires used for the purpose of telegraphic communication and running at a depth of more than thirty feet below ground level, that is to say, below the level of the ground in its natural state or, where the ground is covered with water, below the level of the surface of that water, taken, where the water is tidal, at high tide on an ordinary spring tide.