Wales Legislation Online
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Open Cast Coal Act 1958 (C. 69)
To make provision with respect to the working of coal by opencast operations.  

Functions exercisable solely by WAG or the National Assembly for Wales.

The following Ministerial functions under this Act are exercisable solely by the Welsh Ministers in relation to Wales namely:
  • section 4: Power to confirm compulsory rights orders for the temporary occupation of land for opencast works.
  • section 5: Power to agree to transfer of compulsory rights order.
  • section 15: Power to confirm order suspending public rights of way over land which has opencast planning permission.
  • section 31: Power to notify provisions of the section (compensation in respect of easements and other rights) in respect of compensation for commonable and other rights.
  • section 38: Power to permit the compulsory purchase of land which is occupied by a relevant person who is licenced to extract coal for the purpose of carrying on permitted activities.
  • section 49: Power to make regulations prescribing anything authorised to be prescribed for the purpose of the Act.
  • Schedule 6 paragraph 15: Power to make regulations modifying the provisions of the Act in respect of compulsory rights order over woodlands.
  • Schedule 6 paragraph 29: Power to make regulations amending the Act in respect of compensation for compulsory rights orders over land which is also subject to another compulsory rights order.
The following Ministerial functions are exercisable by the Welsh Ministers so far as it relates to:

(a) internal drainage boards; and (b) water and sewerage undertakers and the Environment Agency (which are treated as statutory undertakers for these purposes by virtue of paragraph 1(1) and (2)(viii) of Schedule 25 to the Water Act 1989 (c. 15) (as amended by the Environment Act 1995 (Consequential Amendments) Regulations 1996 (5.1. 1996/593))

  • section 39: Power to direct that any person authorised by the local authority can enter land to carry out designated operations.

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