THE FREE MINER’S DISPUTE WITH THE COAL AUTHORITY.
 
“Miner against miner, and miners against all men”

Engraved on a sword for “Eustace Hardwicke Esq., Free Miner of Ye Forest of Deane, 1697.”

The following was prepared for distribution to delegates who attended “NAMHO 99”, here in the Royal Forest of Dean. Nothing has appeared to change, so it is reprinted in full!

FREE MINING: THE PRESENT POSITION:
The Free Mining of coal is at present under threat from the Coal Authority.
The ancient rights of Free Mining in the Royal Forest of Dean were enshrined in Law (with few concessions on both sides) by various Acts of Parliament of 1819, 1838, 1861, 1871, 1904 &1906. These Acts, collectively known as “The Dean Forest (Mines) Enactment’s”, covered the working of iron coal, stone, & other minerals, within the Hundred of St. Briavels, “being land in respect of which the privileges of Free Miners are exercised”. These Acts are still substantially intact.

During various Acts of Parliament concerning the Nationalisation of coal, the above “privileges of Free Miners” were taken account of and their rights protected. Uniquely in this Country, licences for coal production were not required, for the “Free” Gales.

In 1994, the Coal Industry Act was hurriedly passed, (as a means of privatisation of coal production), without, (as in the past) consulting the Free Miners Association during the draft stages in Parliament. Whilst there is a brief mention of Free Mining in the Royal Forest of Dean, in the ‘94 Act, the usual exemptions were not there. We would like to assume this was not a deliberate attempt to destroy Free Mining, but it does seem to be an oversight on the part of the legislators. It is generally assumed that they did not understand the origins, purpose, and intent of the Dean Forest (Mines) Enactment’s.

The Coal Authority, set up by the ’94 Act, maintain that they have to license ALL coal production in the Country. We maintain that we already, under preceding and extant Acts, have a license to work (iron, coal, stone and other minerals), from the Crown, a much higher Authority. The 6 Dean Forest (Mines) Enactment’s are thus said, “not to sit comfortably together”. We are thus at “Loggerheads” (the site of a long mining dispute, in N.E. Wales, during the mid 18th century).

The Dean Forest (Mines) Enactment’s are overseen by the Deputy Gaveller, appointed by the Forestry Commissioners, and describe his duties. It seems, however, that he is unable to act in this dispute, due to a non-Parliamentary agreement between The Coal Authority, and The Forestry Commission, altering his duties. It is believed this agreement was an attempt, by The Government, to prevent The Coal Authority from taking The Forestry Commission to Court over the previous Deputy Gaveller’s refusal to accept that The Coal Authority had any powers over the Free gales in the Hundred of St. Briavels. This matter has now gone silent.
Our argument that for The Coal Authority to require us to have one of their licences to work coal (“they [The Coal Authority] shall not be regarded as the servant, or agent of The Crown”) must automatically negate our “license to work” (from The Crown), and is hence against the preceding will of Parliament, falls on deaf ears. They will not comment on this point.

A section of the ’94 Act exempts licensing by The Coal Authority for “ the carrying on by or on behalf of The Crown of any coal mining operations” In spite of the fact that our rents and royalties are “payable to Her Majesty, Her Heirs and Successors”, (a concession to The Crown’s right to put in a fifth man), The Coal Authority deny that exemption applies. They also seem incapable of telling us where in the Country, this exemption applies.
At present, those “Gales” (mines) owned by The Coal Authority, and working, have applied for licenses. Gales not owned by The Coal Authority, “Free Gales”, are privately owned, and in our view, exempt from licensing by The Coal Authority.

The present position is that The Coal Authority, as “the enforcing authority”, have issued Enforcement Orders prohibiting various activities, including “treatment of coal in the strata” to those Free Gales wishing to work. Some Galees (owners of Gales) have succumbed under pressure from The Coal Authority, and applied for a license. Some have not. If found to be carrying on with “treatment of the coal in the strata”, The Coal Authority, without any defence being allowed, can serve an Injunction. Breach of an Injunction is deemed to be Contempt of Court, and punishable. Where is the Justice for the preceding, and surviving Dean Forest (Mines) Enactment’s?
     It would seem that at present, The Coal Authority feel the (more recent) Law is on their side, and Free Mining has no defence of their Laws, except at a Contempt of Court hearing!
Various petitions have been made to our local M.P., and, at present, The Minister for Energy, John Battle, M.P. Whilst he has stated he would like to help, he is advised that he cannot! The advice, given by a “civil servant”, makes no mention of any part of the Dean Forest (Mines) Enactments!
Please be advised that it is difficult to compose a non-controversial, and non-political summary of the present situation, when one not only has a historical interest in maintaining the status quo, but also a vested (all be it small!) interest.
No doubt the present Deputy Gaveller, John Harvey, may comment on this summary during his lecture!
WATCH THIS SPACE!
 
MOLE 13.8.’99 For NAMHO ’99
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  Since the above was written, little has changed. 3 Ministers of State for Energy have been and gone, and the can of worms is still wriggling!
 In the future, a few wriggling worms will ask questions neither The Coal Authority, nor The Government seem able, or unwilling to answer.
There are still a few more cans of worms to open!
Watch this space!
MOLE 16.7.’01.