Section 35(3)

In relation to abstractions from underground strata, a person shall be entitled to make the application if he satisfies the appropriate agency that— he has, or at the time when the proposed licence is to take effect will have, a right of access to land consisting of or comprising those underground strata; and he will continue to have such a right for the period of at least one year beginning with the date on which the proposed licence is to take effect, or until it is to expire (if sooner).

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Source: legislation.gov.uk · retrieved 2026-07-30