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Midland Metro Act 1992

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16Only subsoil or rights to be acquired in certain lands

(1)Notwithstanding section 13 of this Act, the Executive shall not acquire compulsorily under this Act any interest in any part of the lands specified in Schedule 6 to this Act except as provided in subsection (2) of this section.

(2)For the purposes of making, maintaining, protecting, renewing and using the underground railways, the Executive may enter upon, take and use so much of the subsoil of the lands specified in Schedule 6, or purchase compulsorily such new rights in such subsoil, as they may require without being required to acquire any greater interest in or under those lands.

(3)This section has effect without prejudice to the exercise by the Executive of the powers of section 9 (Railway works in streets) and section 14 (Temporary possession of lands) of this Act in relation to any of the lands specified in Schedule 6.

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

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