168. Compensation to surface owners.

168.     Compensation to surface owners.

Where the mining code of the Railways Clauses Consolidation Act 18451 or the mining code of the Acquisition of Land Act 1981 applies2 and any loss or damage is sustained by the owner, lessee or occupier of the land over minerals3 comprised in a counter-notice4 (not being the owner or lessee of the minerals) by reason of the making of communication works5 where those works would have been unnecessary but for the prevention of the working of the minerals, the railway or other authority must pay full compensation