SCHEDULE 3 Model provisions for harbours
Powers of acquisition

35 Acquisition of land limited to subsoil lying more than 9 metres beneath surface
(1) This article applies to the land specified in Schedule F (land of which only subsoil more than 9 metres beneath surface may be acquired).
(2) In the case of land to which this article applies, the undertaker may only acquire compulsorily under article 28 (compulsory acquisition of land) so much of, or such rights in, the subsoil of the land as may be required for the purposes of the authorised project.
(3) Where the undertaker acquires any part of, or rights in, the subsoil of the land to which this article applies, the undertaker shall not be required to acquire a greater interest in the land or an interest in any other part of it.
(4) References in this article to the subsoil of land are references to the subsoil lying more than 9 metres beneath the level of the surface of the land; and for this purpose “level of the surface of the land” means—
(a) in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building;
(b) in the case of a watercourse or other water area, the level of the surface of the ground nearest to it which is at all times above water level; or
(c) in any other case, ground surface level.