HC Deb 30 January 1947 vol 432 cc1090-2
18. Colonel Clarke

asked the Minister of Fuel and Power how many acres of woodland plantation have been destroyed by opencast coalmining operation in Great Britain; what compensation is payable for such destruction or the destruction of trees; and on what basis the compensation is assessed.

Mr. Shinwell

Separate figures for the acreage of woodland plantation requisitioned for opencast coalmining are not available. When it is necessary to fell mature timber, the Ministry offers to buy the trees as standing timber. Otherwise, compensation is payable under Section 2 (i) (b) of the Compensation (Defence) Act, 1939, equal to the cost of making good any damage to the land which may have occurred during the period of requisition.

Mr. Baldwin

Is the right hon. Gentleman aware that many areas of young growing woodland have been felled, and that the compensation paid has been very low and not on the value of the young saplings?

Mr. Shinwell

No, Sir. I am not aware of that.

19. Colonel Clarke

asked the Minister of Fuel and Power what steps are taken by his Department to ensure that no opencast coal working starts in any new area before the crops on that area have been harvested.

Mr. Shinwell

No agricultural land is entered without prior consultation with the Ministry of Agriculture and, except where it is unavoidable, no opencast coal working starts on land carrying growing crops until after the crops have been harvested.

Colonel Clarke

Is the Minister aware that there is considerable dissatisfaction among agricultural producers and opencast workers, and will he see whether it is possible to effect some reconciliation between these two essential forms of production, which will not interfere with either of them and yet will provide fairer conditions for agriculturists?

Mr. Shinwell

I can assure the hon. and gallant Gentleman that we exercise the greatest discretion before we proceed on operations of this kind. As the hon. and gallant Gentleman is, no doubt, aware, the Ministry of Agriculture, the Ministry of Town and Country Planning and the Land Commissioners are in close touch with the war agricultural executive committees.

20. Colonel Clarke

asked the Minister of Fuel and Power what procedure is open to the occupier of land to claim indemnification if the restoration of soil after the completion of opencast coal operating proves to be faulty; and on what basis a fair indemnity is provided.

Mr. Shinwell

The owner of such land can claim compensation under Section 2 (i) (b) of the Compensation (Defence) Act, 1939, equal to the cost of making good the damage. This compensation is payable only to the owner of the land, but a tenant occupier can claim the compensation, or some part of it, from the owner where he has spent money on making good the damage.

Colonel Clarke

Is the Minister aware that not infrequently this damage only shows itself some time afterwards? For example, there may be damage to drains. Are there any means by which compensation can be claimed when damage of that sort presents itself two or three years afterwards?

Mr. Shinwell

If the hon. and gallant Gentleman is convinced that there are some defects in the present arrangement, and will make representations to me, I shall do what I can to assist.

Colonel Clarke

I am obliged to the right hon. Gentleman.

Mr. Baldwin

Is the right hon. Gentleman aware that in many cases sufficient care is not exercised in taking the top soil from the land so that it can be replaced at the end of the work, with the result that the subsoil is put on top and the land is made unfit for anything in future?

Mr. Shinwell

That is not my information. I am confident that the greatest care is taken to ensure that the soil is effectively replaced and, in fact, we have hardly any complaints on that subject.