Coal-Mining (Subsidence) Act 1957 (repealed 30.11.1991)
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Change 1
9 Special provisions as to ancient monuments, etc.
(1) This section shall apply in relation to any subsidence damage where the damaged property is— (a) for the time being included in the Schedule of monuments compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979; or (b) notified to the Corporationby the Secretary of State as an ancient monument within the meaning of that Act for the time being under the care of the Secretary of State (c) a building notified to the Corporationby the Secretary of State as being in his opinion of outstanding historic or architectural interest. (2) If and so far as, having regard to the nature and extent of the subsidence damage, it is practicable and in the public interest so to restore the damaged property to a condition comparable to its condition at the date immediately before the subsidence damage occurred as to maintain the historic, architectural, archaeological or other special interest attaching thereto at that date, then, for the purposes of remedial works in connection with that property, that property shall not be deemed to be reasonably fit for the purposes mentioned in subsection (2) of section one of this Act unless it has been so restored. (3) Any dispute arising under the last foregoing subsection as to whether or how far it is practicable or in the public interest to restore any property as mentioned in that subsection shall be determined by the Secretary of State.
9 Special provisions as to ancient monuments, etc.
(1) This section shall apply in relation to any subsidence damage where the damaged property is— (a) for the time being included in the Schedule of monuments compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979; or (b) notified to the Corporationby the Secretary of State as an ancient monument within the meaning of that Act for the time being under the care of the Secretary of State (c) a building notified to the Corporationby the Secretary of State as being in his opinion of outstanding historic or architectural interest. (2) If and so far as, having regard to the nature and extent of the subsidence damage, it is practicable and in the public interest so to restore the damaged property to a condition comparable to its condition at the date immediately before the subsidence damage occurred as to maintain the historic, architectural, archaeological or other special interest attaching thereto at that date, then, for the purposes of remedial works in connection with that property, that property shall not be deemed to be reasonably fit for the purposes mentioned in subsection (2) of section one of this Act unless it has been so restored. (3) Any dispute arising under the last foregoing subsection as to whether or how far it is practicable or in the public interest to restore any property as mentioned in that subsection shall be determined by the Secretary of State.
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