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Mineral Development Act (Northern Ireland) 1969

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24F1Provisions supplemental to section 23.N.I.

(1)A mining facilities order may provide for the incorporation in the order of any transferred provision contained in a clauses Act, subject to any modifications of that provision specified in the order.

(2)The powers conferred on the Ministry by section 23 may be exercised over land—

(a)which is the property of a local authority, or

(b)which is the property of any public body which has power under any transferred provision to acquire land compulsorily, or

(c)which is declared by or under any transferred provision to be inalienable,

and notwithstanding anything in any transferred provision any body which is the owner of land such as is mentioned in paragraph ( c) shall have power to enter into an agreement such as is mentioned in subsection (1) of section 23 (either for the purposes of that subsection or for the purposes of subsection (2) of that section) and carry it into effect; but the Ministry shall not make a mining facilities order in relation to any land such as is mentioned in paragraph ( a), paragraph ( b) or paragraph ( c) unless the proposals for making the order have been approved by a resolution of each House of Parliament.

(3)The Ministry shall not make a mining facilities order in relation to any land [F2 on or in which there is a historic monument], without the consent of the Ministry of FinanceF3.

(4)The powers conferred by sections 23 to 26 shall not be exercised for the purpose of facilitating the working of any scheduled substance except to the extent that the working of that substance is necessary or expedient for the purpose of facilitating the working of any mineral which is not a scheduled substance.

(5)Section 23 does not authorise the compulsory acquisition of any land, or of ancillary rights over any land, which is the property of Her Majesty or any government department or any religious denomination or educational institution.

(6)In subsection (1) “clauses Act” means any act for consolidating in one Act provisions usually contained in Acts authorising the carrying out of particular undertakings.

F3Functions transf., SR 1976/80

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