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SCHEDULES

SCHEDULE 2Acquisition of Land

Part IISupplementary

Subsoil and under-surface

3(1)The Secretary of State may under section 2 of this Act acquire so much of the subsoil and under-surface of land as is required as mentioned in that section without being required to acquire any interest in any other part of it.

(2)In the case of any land identified on the deposited plans by a number followed by the suffix “u”, the Secretary of State shall not acquire compulsorily under section 2 of this Act any interest except the subsoil or under-surface or any easement or right in that subsoil or under-surface.

(3)For the purposes of sub-paragraph (2) above the subsoil and under-surface of any land shall not include any subsoil or under-surface which is 2 metres or less—

(a)where there is a building on the land, below the level of the surface of the ground adjoining the building;

(b)where there is a watercourse or other area of water, below the level of the surface of the adjoining ground which is at all times above water level; or

(c)in any other case, below the level of the surface of the ground.