Dean Forest (Mines) Act 1904

1 Power to amalgamate subdivide and re-arrange gales. U.K.

(1) Whenever the gaveller thinks it desirable so to do having regard to the proper opening or working of any gale and to any representation made by any galee he may by order in writing under his hand amalgamate subdivide or otherwise rearrange the area of either any gales in hand or any existing gales being in either case gales to which this Act applies.

Any gales so amalgamated subdivided or rearranged are referred to in this Act as new gales.

(2) An order may be made under this section as respects gales in hand notwithstanding that any free miners have made applications under the principal Act for the grant of any gales to which the order relates.

(3) An order shall not be made in respect of any existing gales without the consent of the galees entitled to those gales:

Provided that when any gale either—

(a) is so situated that it cannot be separately worked without producing great injury or detriment to any adjoining or contiguous gale or without greatly impeding the proper and effectual working of any of the veins or beds of coal within the hundred of St. Briavels which require the use of expensive pits engines or machinery; or

(b) is so small or otherwise of such a character that it cannot be properly or economically developed and worked as a separate mineAn order under this section may be made amalgamating that gale with any other gale which may be so situated and circumstanced as to be when amalgamated with the first-mentioned gale well adapted for the proper and effectual working of the said veins or beds of coal notwithstanding that the owner of the first-mentioned gale does not consent to the making of the order and if any question arises as to whether the first-mentioned gale is so situated or is of such a character or as to whether the other gale is so situated and circumstanced that question shall be referred to the decision of an arbitrator appointed in manner provided by the principal Act and the Acts amending that Act except that (notwithstanding anything in any of those Acts) the costs of the arbitration including the remuneration and expenses of the arbitrator shall be borne as the arbitrator directs.