§ 9.33 p.m.
§ Captain CrookshankI beg to move, in page 17, line 41, at the end, to insert:
(5) Nothing in the foregoing provisions of this Section shall affect the acquisition or granting of a servitude adversely affecting coal or a mine of coal, or the acquisition or granting under any enactment of any liberty, privilege, easement, right or advantage, adversely affecting coal or a mine of coal.The point of this new paragraph is to make it clear that in future no free interest in coal or a mine of coal can be granted as against the Commission, except as is already provided for under the Clause. That does not mean that it would not be possible in future for a servitude adversely affecting coal to be acquired or granted. The chief case which we have in mind is where the Railway and Canal Commission, for example, might make an Order granting rights to bore for oil, and I think there is a specific case where the grant has been made in an area where there are some coal strata. That would, in effect, be one of the adverse rights created by the Railway and Canal Commission for another purpose.
§ Amendment agreed to.