SCHEDULE 23 Mineral Rights

SCHEDULE 23 Mineral Rights

Section 182

Acquisition of mineral rights

1

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

(a)     where the [appropriate agency] acquires any land (whether compulsorily in exercise of any power conferred by or under this Act or otherwise); and

(b)     where the [appropriate agency] 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, the [appropriate agency] 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 [appropriate agency] unless express provision to the contrary is contained—

(a)     where the land vests in the [appropriate agency] by virtue of a conveyance, in the conveyance; or

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

(3)

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