New Right of Board to Withdraw Support to Enable Coal to Be Worked.

Part of Coal Industry Bill – in the House of Commons at 12:00 am on 15th July 1975.

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Lords Amendment: No. 1, in page 3, line 16, leave out subsection (4) and insert: (4) Subject to the provisions of Schedule 1 to this Act, where damage to any land or to anything lawfully on that land whenever constructed or brought thereon arises from the exercise of the right to withdraw support conferred on the Board by this section, the Board shall either—

  1. (a) pay proper compensation for the damage including such consequential loss as would be recoverable in an action of nuisance in respect of that withdrawal, or
  2. (b) with the consent (which shall not be unreasonably withheld) of the person who would otherwise be entitled to the payment of compensation for the damage, make good the damage to the reasonable satisfaction of that person and without expense to him;
and, where appropriate, the Board shall pay such proper compensation in accordance with paragraph (a) above for damage not made good in accordance with paragraph (b) above.