PART 3

ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

Acquisition of land limited to subsoil lying more than 9 metres beneath surface
12
1
This article applies to the land specified in Schedule 4 (land of which only subsoil more than 9 metres beneath surface may be acquired).
2
In the case of land to which this article applies, the promoter may only acquire compulsorily under article 8 (power to acquire land) so much of, or such rights in, the subsoil of the land as may be required for the purposes of the authorised works.
3
Where the promoter acquires any part of, or rights in, the subsoil of the land to which this article applies, the promoter is not required to acquire a greater interest in the land or an interest in any other part of it.
4
References in this article to the subsoil of land are references to the subsoil lying more than 9 metres beneath the level of the surface of the land; and for this purpose “level of the surface of the land” means—
a
in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building;
b
in the case of a watercourse or other water area, the level of the surface of the ground nearest to it which is at all times above water level; or
c
in any other case, ground surface level.
Art. 12 in force at 11.3.2014, see art. 1