Mines (Working Facilities and Support) Act 1966

JurisdictionUK Non-devolved
Citation1966 c. 4
Year1966
  • The court may, subject to and in accordance with this Act, confer any rights described in the Table below.
  • a right to let down the surface,a right of air-way, shaft-way or surface or underground wayleave, or other right for the purpose of access to F5or conveyance of minerals or the ventilation or drainage of the mines,a right to use and occupy the surface for the erection of washeries, coke ovens, railways, by-product works or brick making or other works, or of dwellings for persons employed in connection with the working of the minerals or with any such works as aforesaid;a right to obtain a supply of water or other substances in connection with the working of minerals;a right to dispose of water or other liquid matter obtained from mines or any by-product works.(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . shall have regard to the value of minerals required for the support of any works or buildings or intended works or buildings on or below the surface as compared with the value of the buildings or works, and as to whether the support of the works or buildings or intended works or buildings is in the national interest more important than the working of those minerals, orif there are no such buildings or works, shall have regard to the extent to which the use of the surface for the purposes for which it is used or is intended to be used will be prejudicially affected by subsidence, and as to whether the support of the surface is in the national interest more important than the working of the minerals required for its support.of any works for a coal-mining purpose, orof dwellings for persons employed in connection with the working of coal, or in connection with any works within paragraph (a) above or subsection (1) (c) above,(4) Where a right within subsection (3) above is to be granted on the termination of a lease, and a right to erect or use the works or dwellings was comprised in that lease, the court, in determining whether any compensation or consideration is to be paid or given in respect of the right to be granted by the court and the amount thereof, if any, shall have regard to the fact that the right comprised in the lease was therein comprised and to the amount of any rent reserved by the lease in respect thereof.(1) No right shall be granted under section 1 of this Act unless the court is satisfied that the grant is expedient in the national interest.that the persons with power to grant the right are numerous or have conflicting interests;that the persons with power to grant the right, or any of them, cannot be ascertained or cannot be found;that the persons from whom the right must be obtained, or any of them, have not the necessary powers of disposition, whether by reason of defect in title, legal disability or otherwise;that the person with power to grant the right unreasonably refuses to grant it or demands terms which, having regard to the circumstances, are unreasonable.(1) An application for the grant of a right under section 1 of this Act shall be sent to the Minister, and the applicant for an ancillary right for the purpose of or in connection with working any minerals may be a person either having or applying for the right to work those minerals.(2) The application shall set out the circumstances alleged to justify the grant of the right, and shall be in such form and accompanied by such information verified in such manner as the Minister may direct.(3) The Minister shall consider the application, and

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