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Welsh Ministers

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Welsh Ministers HIGHWAYS, WALES 201- No THE HIGHWAYS ACT 1980 and THE ACQUISITION OF LAND ACT 1981 THE WELSH MINISTERS (THE M4 MOTORWAY (JUNCTION 23 (EAST OF MAGOR) TO WEST OF JUNCTION 29 (CASTLETON) AND CONNECTING ROADS) AND THE M48 MOTORWAY (JUNCTION 23 (EAST OF MAGOR) CONNECTING ROAD) AND THE LONDON TO FISHGUARD TRUNK ROAD (EAST OF MAGOR TO CASTLETON)) COMPULSORY PURCHASE ORDER 201- The Welsh Ministers (in this Order called “the acquiring authority”) make the following Order. 1. Subject to the provisions of this Order, the acquiring authority is, under sections 239, 240, 246, 250 and 260 of the Highways Act 1980(1) and under section 2 of, and paragraph 1(1)(b), (3) and (4) of Part 1 of Schedule 2 to the Acquisition of Land Act 1981(2), and all other enabling powers(3), hereby authorised to purchase compulsorily the land and the new rights over land described in paragraph 2 for the purpose of: (a) the construction of special roads between a point on the Motorway at Magor in the Community of Magor with Undy, in the County of Monmouthshire and a point on the Motorway at Castleton, in the Community of Marshfield, in the City of Newport, in pursuance of the Scheme; (b) the construction and improvement of highways and the provision of new means of access, in the said Communities in the said Counties, in pursuance of the Side Roads Order; (c) the improvement of the Motorway, in the said Communities in the said Counties; (d) the construction of new highways and slip roads at Magor in the County of Monmouthshire and Castleton and Caerleon in the City of Newport, in pursuance of the Line Order; (e) the execution of works on watercourses in connection with the construction of the special roads and the construction and improvement of other highways and the execution of other works mentioned above; (f) the provision of buildings and facilities to be used in connection with the construction, use and maintenance of special roads and trunk roads; (g) use by the Welsh Ministers in connection with such improvement of highways and the execution of other works mentioned above; and (h) the mitigation of any adverse effects which the existence or use of certain of the highways proposed to be constructed or improved will have on the surroundings thereof. Copies of the Scheme, the Line Order and the Side Roads Order and their accompanying plans are deposited along with this Order, and the map referred to in paragraph 2. 2. (1) The land authorised to be purchased compulsorily under this Order is the land described in the accompanying Schedules and delineated and shown coloured pink edged red, coloured brown edged red and coloured green edged red on the map prepared in duplicate and marked “The Welsh Ministers (The M4 Motorway (Junction 23 (East of Magor) to West of Junction 29 (Castleton) and Connecting Roads) and the M48 Motorway (Junction 23 (East of Magor) Connecting Road) and The London to Fishguard Trunk Road (East of Magor to Castleton)) Compulsory Purchase Order 201-”. (2) The new rights to be purchased compulsorily under this Order are described in Schedule 1 and the land is shown coloured blue edged red on the said map. 3. Except in relation to the areas of land shown as plots 1/3p, 2/1s, 2/2c, 2/16c, 3/1a, 15/11a, 15/12a, 15/9m, 15/11d, 17/1, 17/1a, 17/1k, 17/5b, 17/5c, 17/5d, 17/5e, 17/5m, 17/5t, 17/6a, 17/6b, 17/5r and 17/9a on the map, Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 are hereby incorporated with this Order subject to the modifications that references in the said Parts of the said Schedule to the undertaking shall be construed as references to the land authorised to be purchased and any buildings or works constructed or to be constructed thereon. 4. For the purpose of the provisions of Schedule 2 to the Acquisition of Land Act 1981, to the extent incorporated in this Order, the prescribed distance in relation to any seam of minerals lying under land adjoining the works to be constructed upon the land described in the Schedules to this Order shall be such a lateral distance from the said works on every side thereof as is equal at every point along the said works to one half of the depth of the seam below the natural surface of the ground at that point or 37 metres whichever is the greater. 5. (1) (a) In this paragraph, “the order land” (“tir y gorchymyn”) means the land numbered 7/3, 7/3d, 7/3e, 7/3f, 7/3g, 7/3h, 15/12, 15/12a and 15/12b in Schedule 1 and “the exchange land” (“y tir cyfnewid”) means the exchange land described in Schedule 2. (b) For a plot of the exchange land, its corresponding plot of the order land for the purposes of this paragraph is indicated in the last column of Table 2 in Schedule 2. (2) In relation to each plot of the order land and the corresponding plot of the exchange land, as from the latest of the dates mentioned in sub-paragraph (3) of this paragraph, the corresponding plot of the exchange land will vest in the persons in whom that plot of the order land was vested immediately before it was vested in the acquiring authority, subject to the like rights, trusts and incidents as attached to that plot of the order land; and that plot of the order land will thereupon be discharged from all rights, trusts and incidents to which it was previously subject. (3) The dates referred to in sub-paragraph (2) of this paragraph are the date on which— (i) this Order becomes operative; (ii) the plot of the order land is vested in the acquiring authority; (iii) the corresponding plot of the exchange land is vested in the acquiring authority. 6. (1) In this paragraph, “the rights” (“yr hawliau”) means the new rights described and numbered 7/2p, 7/3b, 7/3c, 7/3df and 8/2 in Schedule 1, “the rights land” (“tir yr hawliau”) means the land over which those rights are to be acquired and “the additional land” (“y tir ychwanegol”) means the additional land described in Schedule 2. (2) As from the latest of the dates mentioned in sub-paragraph (3) of this paragraph, the additional land will vest in the persons in whom the rights land is vested and subject to the like rights, trusts and incidents as attach to the rights land apart from this Order; and the rights land will thereupon be discharged from all rights, trusts and incidents to which it was previously subject to the extent that their continuance would be inconsistent with the exercise of the rights. (3) The dates referred to in sub-paragraph (2) of this paragraph are the date on which— (i) this Order becomes operative; (ii) the rights in the plot of the rights land are vested in the acquiring authority; (iii) the corresponding plot of the additional land is vested in the acquiring authority. 7. In this Order: “the Line Order” (“y Gorchymyn Llinell”) means “The London to Fishguard Trunk Road (East of Magor to Castleton) Order 201-”; “the map” (“y map”) means the map marked “The Welsh Ministers (The M4 Motorway (Junction 23 (East of Magor) to West of Junction 29 (Castleton) and Connecting Roads) and the M48 Motorway (Junction 23 (East of Magor) Connecting Road) and The London to Fishguard Trunk Road (East of Magor to Castleton)) Compulsory Purchase Order 201-” signed by an official of the acquiring authority; “the Motorway” (“y Draffordd”) means the London to South Wales Motorway (M4); “the Scheme” (“y Cynllun”) means “The M4 Motorway (Junction 23 (East of Magor) to West of Junction 29 (Castleton) and Connecting Roads) and the M48 Motorway (Junction 23 (East of Magor) Connecting Road) Scheme 201-”; “the Side Roads Order” (“y Gorchymyn Ffyrdd Ymyl”) means “The M4 Motorway (Junction 23 (East of Magor) to West of Junction 29 (Castleton) and Connecting Roads) and the M48 Motorway (Junction 23 (East of Magor) Connecting Road) and the London to Fishguard Trunk Road (East of Magor to Castleton) (Side Roads) Order 201-”. 8. The title of this Order is The Welsh Ministers (The M4 Motorway (Junction 23 (East of Magor) to West of Junction 29 (Castleton) and Connecting Roads) and the M48 Motorway (Junction 23 (East of Magor) Connecting Road) and The London to Fishguard Trunk Road (East of Magor to Castleton)) Compulsory Purchase Order 201-. Signed by an official of the Welsh Government on behalf of the Welsh Ministers. R Morgan Head of Asset Management and Standards Welsh Government Dated 201- (1) 1980 c.66. (2) 1981 c.67. (3) By virtue of S.I. 1999/672, article 2 and section 162 of, and Schedule 1 and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32), these powers are now exercisable by the Welsh Ministers in relation to Wales. THE WELSH MINISTERS (THE M4 MOTORWAY (JUNCTION 23 (EAST OF MAGOR) TO WEST OF JUNCTION 29 (CASTLETON) AND CONNECTING ROADS) AND THE M48 MOTORWAY (JUNCTION 23 (EAST OF MAGOR) CONNECTING ROAD) AND THE LONDON TO FISHGUARD TRUNK ROAD (EAST OF MAGOR TO CASTLETON)) COMPULSORY PURCHASE ORDER 201- COMPULSORY PURCHASE OF LAND AND NEW RIGHTS BETWEEN MAGOR AND CASTLETON The Welsh Ministers have prepared in draft The Welsh Ministers (The M4 Motorway (Junction 23 (East of Magor) to West of Junction 29 (Castleton) and Connecting Roads) and the M48 Motorway (Junction 23 (East of Magor) Connecting Road) and The London to Fishguard Trunk Road (East of Magor to Castleton)) Compulsory Purchase Order 201-, under sections 239, 240, 246, 250 and 260 of the Highways Act 1980 and under section 2 of, and paragraph 1(1)(b), (3) and (4) of Part 1 of Schedule 2 to, the Acquisition of Land Act 1981.
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