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Part IIILands

22Only subsoil or new rights to be purchased under certain lands

(1)In this section“the specified land” means the land referred to in Schedule 2 to this Act.

(2)Notwithstanding the provisions of subsection (1) of section 20 (Purchase of land) of this Act, the Company shall not purchase compulsorily under the powers of this Act any interest in any part of the specified land except as provided in subsection (3) below.

(3)The Company may, within the limits of deviation, purchase compulsorily and use so much of the subsoil and under-surface of the specified land as they may require for the purpose of constructing, maintaining, protecting, altering, renewing and using the Company’s works and any necessary works and conveniences connected therewith, or purchase such new rights in the subsoil and under-surface of the specified land as they may require for the said purposes, without in either case being obliged or compellable to purchase any greater interest in, under or over the said land, and may give notice to treat in respect of such purchase and use.

(4)For the purposes of this section the subsoil and under-surface of the specified land shall not include any such subsoil or under-surface which is within 9 metres of the level of the surface of the ground or, in the case of a building on the said land, the level of the surface of the ground adjoining the building, or, in the case of a river, watercourse or other water area, the level of the surface of the adjoining ground which is at all times above water level.