438. General limitations on compulsory rights orders.

Nothing in the provisions of the Opencast Coal Act 1958 relating to the effect of opencast site orders1 is to be construed as authorising any interference with the exercise of a public right of way2.

The rights conferred by a compulsory rights order3 to carry out operations upon the land4 comprised in the order5 do not affect any of the following rights6 (but this is without prejudice to the operation of the right7 to exclusive occupation8):


    (1)     any right of support for any land not comprised in the order, or for any building or structure on any such land, or