SCHEDULE 14 Mineral Rights

SCHEDULE 14 Mineral Rights

Section 188

Acquisition of mineral rights

1

(1)     This paragraph applies in each of the following cases, that is to say—

(a)     where a relevant undertaker acquires any land (whether compulsorily in exercise of any power conferred by or under this Act or otherwise); and

(b)     where a relevant undertaker carries out any works in relation to any land for the purposes of, or in connection with, the carrying out of any of its functions.

(2)     Subject to sub-paragraph (3) below, a relevant undertaker shall not by virtue only of its acquisition of the land or the carrying out of the works, become entitled to any mines or minerals lying under the land; and, accordingly, any such mines or minerals shall be deemed to be excepted from any instrument by virtue of which the land vests in the relevant undertaker unless express provision to the contrary is contained—

(a)     where the land vests in the relevant undertaker by virtue of a conveyance, in the conveyance; or

(b)     where the land is acquired by the relevant undertaker in pursuance of any power of compulsory acquisition conferred by or under this Act, in the order authorising the acquisition.

(3)

Powered by Lexis+®

Popular documents