Mining Leases in Scotland

Prior to the Coal Industry Nationalisation Act 1946 it was common practice for coal (and associated minerals) to be the subject of a lease granted by the mineral owner to the colliery company or the colliery concern established to win, work and get such coal and minerals. Due to the nature of the mineral ownership, such leases could affect vast tracts of land.

It is important to note, for the purposes of the vesting provisions of the Coal Act 1938 (the prelude to the 1946 Act) that the expression “coal” included not only bituminous coal, cannel coal and anthracite but also other minerals and substances if they were comprised in a lease subsisting as at 1 January 1939 and which conferred the right to work and carry away both such coal and other minerals and substances. Such leases may now prove the Coal Authority’s title to non-coal minerals.

The mineral rights conferred by such leases are ascertainable by inspecting The Coal Holdings Register which is held at West Register House, Edinburgh. It is only by inspection of this register that ownership of all minerals can be ascertained.