141Constructing Authority entitled to minerals

141 Constructing Authority entitled to minerals

141 Constructing Authority entitled to minerals

(1) In this section minerals means mines or deposits of minerals within land taken under this Act after the commencement of the Public Works and Local Government (Amendment) Act 1967, including land so taken after that commencement pursuant to the authority conferred by any other Act, whether passed before or after that commencement.

(2) Subject to this section, the Constructing Authority shall be entitled to all minerals other than—

(a) minerals that are expressly excepted in the notification of the taking, or

(b) minerals that were vested in the Crown immediately before the taking, not being minerals so vested that—

(i) are expressly appropriated as such in the notification of the taking, or

(ii) necessarily must be dug or carried away or used in the construction of the works,

but any exception referred to in paragraph (a) of this subsection shall be deemed not to include minerals that necessarily must be dug or carried away or used in the construction of the works.

(3) Subject to subsection (3A), the Governor may, by notification published in the Gazette—

(a) before payment of compensation for the taking of minerals within the land described in the notification, and

(b) before any disposition of those minerals, being a disposition made by the Constructing Authority or other person in whom, by or under this or any other Act, they are vested in consequence of the taking,

declare that minerals taken and within the land so described are divested from the Constructing Authority or, where some other person is specified, that person, and vested in a specified person for a specified estate, subject to all trusts, obligations, estates, interests, contracts, charges, rates and rights-of-way or other easements from which they were freed and discharged upon the taking, other than such of them as may be expressly excepted in the notification, and thereupon those minerals shall be divested and shall vest accordingly.

For the purposes of this subsection and of any notification published thereunder minerals shall not include any minerals that, immediately before the taking, were vested in the Crown or any minerals that necessarily must be dug or carried away or used in the construction of the works.