(1)In this Act, unless the context otherwise requires—
“ancillary right” has the meaning given by section 2 of this Act;
“coal” means bituminous coal, cannel coal and anthracite;
“coal-mining purpose” has the meaning given by section 44(1) of the Coal Act 1938:
“copyhold land” has the same meaning as in the Law of Property Act M11922;
“court”—
in the application of this Act to England and Wales, means the High Court, and
in the application of this Act to Scotland, means the Court of Session:
“lease” includes underlease or other tenancy and a licence, and “lessor” and “lessee” have corresponding meanings;
“minerals” includes all minerals and substances in or under land obtainable by underground or by surface working, and references to working minerals include references to working, carrying away, treating and converting minerals;
“the Minister” means [F1the Secretary of State];
“surface” in relation to land includes any buildings, works or things erected, constructed or growing thereon, and, “right to let down the surface” includes a right to let down superincumbent or adjacent strata up to and including the surface.
(2)For the purposes of this Act a person whose concurrence is necessary for the exercise of a right shall be deemed to be a person having power to grant the right, or a person from whom the right must be obtained as the case may be.
(3)References in this Act to a right to work minerals include references to any right granted under paragraph 1 or paragraph 3(2) in the Table in section 1 of this Act.
Textual Amendments
F1Words substituted by virtue of S.I. 1969/1498, arts. 2(1), 5(6) and 1970/1537, arts. 2(2), 7(4)
Marginal Citations