Coal Industry Act 1994 (c. 21)

Part I U.K. Re-organisation of Coal Industry

The Coal Authority E+W+S

1 Establishment of the Coal Authority. E+W+S

(1) There shall be a body corporate to be known as the Coal Authority (in this Act referred to as “the Authority”) for the purpose of—

(a) holding, managing and disposing of interests and rights in or in relation to the unworked coal and other property which is transferred to or otherwise acquired by it by or under this Act;

(b) carrying out functions with respect to the licensing of coal-mining operations;

(c) carrying out functions with respect to coal-mining subsidence and in connection with other matters incidental to the carrying on of any opencast or other coal-mining operations;

(d) facilitating the establishment and maintenance of arrangements for the information to which persons are to be entitled under this Act to be made available to them; and

(e) carrying out the other functions conferred on it by virtue of this Act.

(2) The Authority shall consist of not less than two nor more than eight members appointed by the Secretary of State.

(3) The Secretary of State shall designate one of the members appointed under this section as the chairman of the Authority and may, if he thinks fit, designate another such member as its deputy chairman.

(4) In appointing a person to be a member of the Authority, the Secretary of State shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to its functions.

(5) The Authority shall not be regarded—

(a) as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown; or

(b) by virtue of any connection with the Crown, as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local;

and the Authority’s property shall not be regarded as property of, or property held on behalf of, the Crown.

(6) The provisions of Schedule 1 to this Act shall have effect with respect to the Authority and its finances.

2 Duties of the Authority with respect to licensing. E+W+S

(1) It shall be the duty of the Authority to carry out its functions under Part II of this Act in the manner that it considers is best calculated to secure, so far as practicable—

(a) that an economically viable coal-mining industry in Great Britain is maintained and developed by the persons authorised by virtue of that Part to carry on coal-mining operations;

(b) that such persons are able to finance both the proper carrying on of the coal-mining operations that they are authorised to carry on and the discharge of liabilities arising from the carrying on of those operations; and

(c) that persons to whom obligations are owed in respect of subsidence damage caused at any time (whether before or after the passing of this Act) do not sustain loss in consequence of any failure by a person who is or has been a licensed operator to make such financial provision for meeting present and future liabilities as might reasonably have been required of that person.

(2) Subject to section 4 below, it shall be the duty of the Authority, in carrying out its functions under Part II of this Act, to have regard to the desirability of securing—

(a) that persons authorised by virtue of that Part to carry on coal-mining operations are persons who have at their disposal such experience and expertise in the carrying on of such operations as are appropriate for ensuring that any authorised operations are properly carried on; and

(b) that competition is promoted between the different persons carrying on, or seeking to carry on, coal-mining operations.

(3) It shall also be the duty of the Authority, in carrying out its functions under Part II of this Act in cases where it appears that subsidence damage may be caused to any land or other property that does not consist in unworked coal or in a coal mine, to have regard—

(a) to the extent of the damage which is likely to be caused; and

(b) to the character of the land or other property in question and to the uses to which it is or is likely to be put.

3 Duties of the Authority with respect to property. E+W+S

(1) It shall be the duty of the Authority, in carrying out the functions mentioned in section 1(1)(a) above, to have regard to—

(a) the need to co-ordinate its practice in relation to relevant property dealings with the carrying out of its functions under Part II of this Act; and

(b) the need to secure the safety of members of the public.

(2) Subject to subsection (4) below, it shall be the duty of the Authority, so far as practicable, to make available for acquisition by others such of its land and other property as—

(a) does not consist in an interest in any unworked coal or coal mine;

(b) is not being put to a use which justifies its retention by the Authority; and

(c) in the opinion of the Authority, is unlikely to be required for any such use.

(3) For the purposes of subsection (2) above the only uses for land and other property which justify its retention by the Authority are—

(a) use by any person for or in connection with the carrying on of any coal-mining operations; and

(b) use by the Authority in connection with the administration of its own activities or with the management of the land and other property which it is entitled to retain or is unable to dispose of;

and for this purpose the management of land and other property shall include the performance of every obligation to which the Authority is subject in relation to any of that land or other property.

(4) Subject to subsection (6) below, it shall be the duty of the Authority, where it disposes of any interests or rights in or in relation to any land or other property, to secure the best terms reasonably available for the disposal.

(5) Subject to subsection (6) below, it shall be the duty of the Authority, in the exercise and performance of its powers and duties with respect to its land and other property, to have regard to the desirability of the exploitation, so far as that is economically viable, of coal-bed methane in Great Britain.

(6) It shall be the duty of the Authority, in determining the terms on which it may dispose of any interest or right in or in relation to any unworked coal or coal mine to a person who requires the interest or right for purposes connected with activities to be carried on under the authority of a licence under [F1 section 3 of the Petroleum Act 1998], to act in accordance with such arrangements and principles as it may, with the approval of the Secretary of State, have determined for the purposes of subsection (5) above.

(7) It shall be the duty of the Authority, in formulating any proposals for works on or in relation to any of its land or other property which has been used for the carrying on of any coal-mining operations but is no longer to be put to such use—

(a) to have regard to the desirability of preserving natural beauty, of conserving flora and fauna and geological or physiographical features of special interest and of protecting sites, buildings, structures and objects of architectural, historic or archaeological interest; and

(b) to take into account the effect of the proposals on the natural beauty of any area or on any such flora, fauna, features, sites, buildings, structures or objects.

(8) In this section “relevant property dealings”, in relation to the Authority, means the grant of such interests and rights in or in relation to its land or other property as appear to it to be appropriate for the purpose of enabling or facilitating its use for, or in connection with, the carrying on of any coal-mining operations.

Textual Amendments

F1 Words in s. 3(6) substituted (15.2.1999) by 1998 c. 17, s. 50, Sch. 4 para. 38(2) (with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2(1)

4 Duty of the Authority with respect to safety. E+W+S

(1) It shall be the duty of the Authority—

(a) in conjunction with the Health and Safety Executive, to prepare and from time to time revise a document setting out such means as mayF2 ... be agreed between the Authority and that Executive for securing co-operation and the exchange of information between them; and

(b) without prejudice to the effect or operation of any relevant statutory provisions (within the meaning of Part I of the M1 Health and Safety at Work etc. Act 1974), to conduct itself in the carrying out of its functions in accordance with any agreement contained in that document.

(2) As soon as practicable after agreement is reached for the purposes of—

(a) the preparation of a document in accordance with subsection (1) above, or

(b) any revision of a document prepared in accordance with that subsection,

the Authority shall send a copy of the document or, as the case may be, of the revised version of it to the Secretary of State, and the Secretary of State shall lay the copy before each House of Parliament.

Textual Amendments

F2 Words in s. 4(1)(a) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)

Marginal Citations

M1 1974 c. 37.

[F3 4A Power of the Authority with respect to coal mine water discharge E+W

(1) The Authority may take such action as it considers appropriate (if any) for the purpose of preventing, or mitigating the effect of, the discharge of water from a coal mine into or on to any land or into any controlled waters.

(2) In this section and sections 4B [F4 , 4C and 4CA] below—

(a) “controlled waters” has the meaning given by section 104 of the Water Resources Act 1991; and

(b) references to coal mines are to coal mines vested in the Authority.

Textual Amendments

F3 Ss. 4A-4C inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 85(1), 105(3); S.I. 2004/641, art. 3(w) (with Sch. 3 para. 7)

F4 Words in s. 4A(2) substituted (26.3.2015) by Energy Act 2011 (c. 16), ss. 115(2), 121(1); S.I. 2015/880, art. 2, Sch.

4B Coal mine water discharge: powers of entry E+W

(1) If the Authority is of the opinion that a discharge of water from a coal mine into or on to any land or into any controlled waters has caused, is causing or is likely to cause—

(a) serious pollution of the environment; or

(b) danger to life or health,

the Authority may, for any purpose specified in subsection (2) below, in writing authorise a person to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (3) below.

(2) The purposes are—

(a) to determine the extent of the pollution or of the danger, or the likelihood of serious pollution or such danger;

(b) to determine whether, and, if so, how, the Authority should exercise its power under section 4A above;

(c) to take action under that section.

(3) The powers are—

(a) to enter at any reasonable time (or, in an emergency, at any time and, if need be, using reasonable force) any premises which the authorised person has reason to believe it is necessary for him to enter;

(b) to use a vehicle or a boat to do so;

(c) on entering any premises by virtue of paragraph (a) above, to take with him—

(i) any other person authorised by the Authority and, if the authorised person reasonably believes he is likely to be obstructed, a constable; and

(ii) any equipment or materials needed for any purpose for which the power of entry is being exercised;

(d) to make such examination and investigation as may in any circumstances be necessary;

(e) to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (d) above;

(f) to take samples, or cause samples to be taken, of any articles or substances found in or on any premises which he has power to enter, and of the air or water or land in, on, or in the vicinity of, the premises;

(g) to require any person to give him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by this section.

(4) The powers which are conferred in relation to any land by this section include power, for the purposes mentioned in subsection (2) above—

(a) to carry out experimental borings or other works on those premises; and

(b) to install, keep or maintain monitoring and other apparatus there.

(5) Except in an emergency, in any case where it is proposed to enter any premises used for residential purposes, or to take heavy equipment on to any premises which are to be entered, any entry by virtue of this section shall only be effected—

(a) after the expiration of at least seven days' notice of the proposed entry given to a person who appears to the authorised person in question to be in occupation of the premises in question; and

(b) either—

(i) with the consent of a person who is in occupation of those premises; or

(ii) under the authority of a warrant by virtue of Schedule 1A to this Act.

(6) Except in an emergency, where an authorised person proposes to enter any premises and—

(a) entry has been refused and he reasonably believes that the use of force may be necessary to effect entry; or

(b) he reasonably believes that entry is likely to be refused and that the use of force may be necessary to effect entry,

any entry on to those premises by virtue of this section shall be effected only under the authority of a warrant by virtue of Schedule 1A to this Act.

(7) In relation to any premises belonging to or used for the purposes of the United Kingdom Atomic Energy Authority, subsections (1) to (3) above shall have effect subject to section 6(3) of the Atomic Energy Authority Act 1954 (which restricts entry to such premises where they have been declared to be prohibited places for the purposes of the Official Secrets Act 1911).

(8) Schedule 1A to this Act shall have effect with respect to the powers of entry and related powers which are conferred by this section.

(9) In this section, “premises” includes any land, vehicle or vessel, and any plant which is designed to move or be moved (whether or not on roads).

Textual Amendments

F3 Ss. 4A-4C inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 85(1), 105(3); S.I. 2004/641, art. 3(w) (with Sch. 3 para. 7)

4C Coal mine water discharge: compulsory purchase of land E+W

(1) The Authority may be authorised by the Secretary of State to purchase compulsorily any land anywhere in England and Wales where he is of the opinion that—

(a) the purchase is required by the Authority for the purpose of preventing, or mitigating the effect of, a discharge of water from a coal mine; and

(b) the discharge has caused, is causing or is likely to cause significant pollution of controlled waters or serious harm to human health.

(2) The power of the Secretary of State under subsection (1) above shall include power—

(a) to authorise the acquisition of interests in, and rights over, land by the creation of new interests and rights; and

(b) by authorising the acquisition by the Authority of any rights over land which is to be or has been acquired by the Authority, to provide for the extinguishment of those rights.

(3) Without prejudice to the generality of subsection (1) above, the land which the Authority may be authorised under that subsection to purchase compulsorily shall include land which is or will be required for the purpose of being given in exchange for, or for any right over, any other land which for the purposes of the Acquisition of Land Act 1981 is or forms part of a common, open space or a fuel or field garden allotment.

(4) The Acquisition of Land Act 1981 shall apply to any compulsory purchase under subsection (1) above of any land by the Authority; and Schedule 3 to that Act shall apply to the compulsory acquisition under that subsection of rights by the creation of new rights.

(5) Schedule 1B to this Act shall have effect for the purpose of modifying enactments relating to compensation and the provisions of the Compulsory Purchase Act 1965 in their application in relation to the compulsory acquisition under subsection (1) above of a right over land by the creation of a new right.]

Textual Amendments

F3 Ss. 4A-4C inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 85(1), 105(3); S.I. 2004/641, art. 3(w) (with Sch. 3 para. 7)

[F5 4CA Further powers relating to subsidence and water discharge E+W+S

(1) The Authority may take such action as it considers appropriate (if any)—

(a) with respect to subsidence arising otherwise than in connection with coal-mining;

(b) for the purpose of preventing, or mitigating the effect of, the discharge of water other than from a coal mine into or on to any land or into any controlled waters.

(2) The powers conferred on the Authority by subsection (1) do not affect any other function of the Authority.]

Textual Amendments

F5 S. 4CA inserted (26.3.2015) by Energy Act 2011 (c. 16), ss. 115(1), 121(1); S.I. 2015/880, art. 2, Sch.

[F6 4D Power of the Authority with respect to coal mine water discharge: Scotland E+W+S

(1) The Authority may take such action as it considers appropriate (if any) for the purpose of preventing, or mitigating the effect of, the discharge of water from a coal mine into or on to any land or into the water environment.

(2) In this section and sections 4E [F7 , 4F and 4G] below—

(a) “the water environment” has the meaning given by section 3 of the Water Environment and Water Services (Scotland) Act 2003 (asp 3); and

(b) references to coal mines are to coal mines vested in the Authority.

Textual Amendments

F6 Ss. 4D-4F inserted (20.6.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 30(1), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 1

F7 Words in s. 4D(2) substituted (26.3.2015) by Energy Act 2011 (c. 16), ss. 116(2), 121(1); S.I. 2015/880, art. 2, Sch.

4E (1) If the Authority is of the opinion that a discharge of water from a coal mine into or on to any land or into the water environment has caused, is causing or is likely to cause— S

(a) serious pollution of the environment; or

(b) danger to life or health,

the Authority may, for any purpose specified in subsection (2) below, in writing authorise a person to exercise (in accordance with the terms of the authorisation) any of the powers specified in subsection (3) below.

(2) The purposes are—

(a) to determine the extent of the pollution or of the danger, or the likelihood of serious pollution or such danger;

(b) to determine whether (and if so how) the Authority should exercise its power under section 4D above;

(c) to take action under that section.

(3) The powers are—

(a) to enter—

(i) in an emergency, at any time (and, if need be, using reasonable force); or

(ii) in any other case, at any reasonable time,

any premises which the authorised person has reason to believe it is necessary for him to enter;

(b) to use a vehicle or boat to do so;

(c) to make such examination and investigation as may in any circumstances be necessary;

(d) to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c) above;

(e) to take samples, or cause samples to be taken, of any articles or substances found in or on any premises which he has power to enter, and of the air or water or land in, on, or in the vicinity of, the premises;

(f) to require any person to give him such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by virtue of this section.

(4) The powers which are conferred in relation to any land by this section include power, for the purposes mentioned in subsection (2) above—

(a) to carry out experimental borings or other works on those premises; and

(b) to install, keep or maintain monitoring and other apparatus there.

(5) Where subsection (6) below applies, any entry to premises by virtue of this section shall (except in an emergency) be effected only—

(a) after the expiry of at least seven days' notice of the proposed entry given to a person who appears to the authorised person to be in occupation of the premises in question; and

(b) either—

(i) with the consent of a person who is in occupation of those premises; or

(ii) under the authority of a warrant granted under paragraph 2 of Schedule 1C to this Act.

(6) This subsection applies where it is proposed to—

(a) enter any premises used for residential purposes; or

(b) take heavy equipment on to any premises which are to be entered.

(7) Where an authorised person proposes to enter any premises and—

(a) entry has been refused and he reasonably believes that the use of force may be necessary to effect entry; or

(b) he reasonably believes that entry is likely to be refused and that the use of force may be necessary to effect entry,

any entry to those premises by virtue of this section shall (except in an emergency) be effected only under the authority of a warrant granted under paragraph 2 of Schedule 1C to this Act.

(8) In this section—

• “premises” includes any land, vehicle or vessel, and any plant which is designed to move or be moved (whether or not on roads);

• “emergency” means a case in which it appears to the authorised person in question—

  (a)

  that there is an immediate risk of serious pollution of the environment; or

  (b)

  that circumstances exist which are an immediate danger to life or health,

  and that immediate entry to any premises is necessary to verify the existence of that risk or those circumstances or to ascertain the cause of that risk or those circumstances or to effect a remedy.

(9) Schedule 1C to this Act makes further provision regarding powers of entry.

Textual Amendments

F6 Ss. 4D-4F inserted (20.6.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 30(1), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 1

4F Coal mine discharge: compulsory acquisition of land in Scotland S

(1) The Authority may, with the authorisation of the Scottish Ministers, acquire any land anywhere in Scotland compulsorily if the Authority is of the opinion that—

(a) the acquisition is for the purpose of preventing, or mitigating the effect of, a discharge of water from a coal mine; and

(b) the discharge has caused, is causing or is likely to cause—

(i) serious pollution of the water environment; or

(ii) danger to life or health.

(2) The power to acquire land under subsection (1) above includes power to acquire a servitude or other right in or over land by the creation of a new right.

(3) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) applies in relation to an acquisition under subsection (1) above as if—

(a) this section were contained in an Act in force immediately before the commencement of that Act; and

(b) references in that Act to a local authority were references to the Authority.]

Textual Amendments

F6 Ss. 4D-4F inserted (20.6.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 30(1), 37(2) (with s. 36); S.S.I. 2005/351, art. 2, sch. 1

[F8 4G Further powers relating to subsidence and water discharge: Scotland E+W+S

(1) The Authority may take such action as it considers appropriate (if any)—

(a) with respect to subsidence arising otherwise than in connection with coal-mining;

(b) for the purpose of preventing, or mitigating the effect of, the discharge of water other than from a coal mine into or on to any land or into the water environment.

(2) The powers conferred on the Authority by subsection (1) do not affect any other function of the Authority.]

Textual Amendments

F8 S. 4G inserted (26.3.2015) by Energy Act 2011 (c. 16), ss. 116(1), 121(1); S.I. 2015/880, art. 2, Sch.

5 General powers of the Authority. E+W+S

(1) Subject to subsections (6) and (7) below, the Authority shall have power to do anything which, in the opinion of the Authority, is calculated to facilitate, or is conducive or incidental to, the carrying out of its functions.

(2) Subject to subsections (6) and (7) below, the powers of the Authority shall include power, for the purposes of or in connection with the carrying out of its functions—

(a) to acquire land by agreement and to hold and dispose of land; and

(b) in exercise of rights attached to its interests in land, or of any such rights in relation to other land as are granted to it by the owner or occupier, to carry out any works on or with respect to land.

(3) Subject to subsection (7) below, where the Authority has land which it is required under this Act to make available for acquisition by others, its powers shall include—

(a) power, in exercise of any rights attached to its interest in the land, to develop or improve the land, or to join with others in developing or improving the land, with a view to its disposal for use or enjoyment by another; and

(b) power by agreement to acquire other land with a view (with or without developing or improving it) to disposing of the other land together with the land in question.

(4) The powers of the Authority shall include power to enter into arrangements with a person who is or has been a licensed operator to act on that person’s behalf in relation to any of the following matters, that is to say—

(a) the giving and publication of notices under or for the purposes of section 38 or 49 below or any provisions of the 1991 Act; or

(b) the handling of any matter arising under the 1991 Act and the performance of that person’s obligations in relation to any subsidence damage.

(5) The powers of the Authority shall include power, where it—

(a) provides a service to anyone in the course of the exercise or performance of its powers or duties,or

(b) receives any application for the grant of, or any offer for, any such interest or right in or in relation to any of its land or other property as may be required by any person for the purpose of exploring for coal or of carrying on coal-mining operations,

to make a charge for the provision of that service or, as the case may be, for considering that application or offer.

(6) The Authority shall not have power—

(a) for commercial purposes or with a view to itself using any coal or product of coal, to carry on any coal-mining operations consisting in—

(i) the winning, working or getting (with or without other minerals) of any coal,

(ii) the treatment of coal in the strata for the purpose of winning any product of coal, or

(iii) the winning, working or getting of any product of coal resulting from such treatment;

or

(b) with a view to any such operations being so carried on by the Authority or any other person, to explore for coal or, subject to subsection (4) above, to take any steps for the benefit of another for obtaining planning permission or any other authorisation required for carrying on coal-mining operations.

(7) The Authority shall not—

(a) acquire any land or acquire or hold shares in or other securities of any body corporate or otherwise become a member of a body corporate, or

(b) lend money to any person or guarantee or otherwise provide security for a loan made to any person,

except with the agreement of the Secretary of State.

(8) The consent of the Treasury shall be required for the giving of the Secretary of State’s agreement under subsection (7) above.

(9) Subsections (2) to (5) above shall be without prejudice to the generality of subsection (1) above.

6 Directions to the Authority by the Secretary of State. E+W+S

(1) It shall be the duty of the Authority to comply with such directions of a general character as may be given to it by the Secretary of State with respect to the carrying out of any of its functions, or to its activities generally.

(2) It shall be the duty of the Authority to comply with such specific directions as may be given to it by the Secretary of State with respect to—

(a) whether or not it exercises any of its powers and the manner in which any of its powers is to be exercised;

(b) the manner in which any of its duties is to be performed; or

(c) any other conduct by the Authority in connection with the carrying out of any of its functions or with its activities generally.

(3) Without prejudice to the generality of the preceding provisions of this section, directions under this section may be given, in relation to any information which is in the possession of or available to the Authority, requiring the Authority to do one or both of the following, that is to say—

(a) publish it in such manner as may be described in the direction;

(b) furnish it, together with such explanations as he may reasonably require, to the Secretary of State.

(4) A direction under this section shall not authorise the publication of any information if, apart from the direction, the publication of that information would be in contravention of arrangements for the time being in force for the purposes of section 59 below.

(5) The power to give a direction under this section shall be exercisable, except in an emergency, only after consultation with the Authority.