Section 29: Compulsory rights orders under Opencast Coal Act 1958., Acquisition of Land Act 1981

This Act in its application to compulsory rights orders by section 4 of the Opencast Coal Act 1958 has effect subject to this section.

Parts II, III and IV of this Act shall apply as if in those provisions—

any reference to a compulsory purchase order were a reference to a compulsory rights order,

any reference to the acquiring authority were a reference to the Coal Authority , and any reference to the confirming authority were a reference to the Secretary of State, and

any reference to authorising the compulsory purchase of land were a reference to operating so as to confer . . . temporary rights of occupation and use of land.

Any modifications of particular provisions of this Act which are specified in the following provisions of this section shall have effect, in relation to those provisions, in addition to the general modifications mentioned above.

Part II of this Act shall apply as if for section 12 there was substituted—

Section 13 of this Act shall apply as if for the reference to a qualifying person for the purposes of section 12(2) there were substituted a reference to any person who, in relation to the order, is a person directly concerned.

Except where the Secretary of State is proceeding concurrently with respect to an application for opencast planning permission and a compulsory rights order, the Secretary of State may disregard an objection to such an order if he is satisfied that it relates to the question whether opencast planning permission should be granted or should have been granted and either—

it relates exclusively to that question, or

in so far as it relates to other matters, they consist entirely of matters which can be dealt with in the assessment of compensation.

This subsection is without prejudice to the operation of section 13 of this Act.

Part III of this Act shall apply as if section 17 were omitted.

In section 19 of this Act—

any reference to giving other land in exchange shall be construed as a reference to making other land available during the period for which the compulsory rights order is to have effect,

the provisions of the said section 19 as to the vesting of land, and as to its being made subject to the like rights, trusts and incidents as the land purchased, shall apply with the necessary modifications, and

subsection (3)(b) shall not apply.

Section 23 of this Act shall apply as if—

in subsection (1) for the first reference to this Act there were substituted a reference to the Opencast Coal Act 1958,

in subsection (3)(a) the reference to this Act included a reference to that Act.

The date on which the compulsory rights order becomes operative shall be that mentioned in section 26(1) of this Act or such later date (not being more than one year after confirmation of the order) as may be determined by the Secretary of State and specified in the order as confirmed.

In the application of this Act to compulsory rights orders "prescribed" means prescribed by regulations under the Opencast Coal Act 1958.

In this section "opencast planning permission" and "persons directly concerned" have the same meanings as in the Opencast Coal Act 1958.

Section 29: Compulsory rights orders under Opencast Coal Act 1958.

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