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54 1931

MINES AND MINERALS ACT, 1931

PART IV.

Grant of Rights in Non-State Mines and Minerals.

Grant of mining rights.

18. —(1) Where minerals are comprised in or lying under land subject to a lease, exception, reservation, restriction, covenant or condition or are otherwise incapable of being worked without the concurrence of two or more persons and by reason of the said matters the Minister is of opinion that there is a likelihood that such minerals will be left permanently unworked, the Minister may, subject to and in accordance with this Part of this Act, grant to any person who has an interest in such minerals and who, either by himself or through his lessees, desires to work such minerals, a right (in this Part of this Act referred to as a mining (proprietor's) right) to work such minerals.

(2) Where, in the opinion of the Minister, minerals are owned in such small parcels that they cannot be properly or conveniently worked by themselves and that by reason of that fact there is a likelihood that such minerals will be left permanently unworked the Minister may, subject to and in accordance with this Part of this Act, grant to any person who has an interest in any of the said minerals or in any other minerals adjacent to the said minerals and who desires either by himself or through his lessees to work all such minerals, a right (in this Part of this Act referred to as a mining (small parcels) right) to work such first-mentioned minerals.

(3) Where, in the opinion of the Minister, there is a likelihood that minerals in a certain area will be left permanently unworked by reason of the fact that they cannot be economically worked except by being worked as a whole throughout such area, the Minister may, subject to and in accordance with this Part of this Act, grant to a person who has an interest in part of such minerals and who desires to work, either by himself or his lessees, all the minerals in such area, a right (in this Part of this Act referred to as a mining (area) right) to work the remainder of such minerals.

(4) Where, in the opinion of the Minister, minerals are not being worked οr are not being worked efficiently and no satisfactory reason is shown by the person having an interest therein to the Minister for not working such minerals or for not working such minerals efficiently, the Minister may, subject to and in accordance with this Part of this Act, grant to any person who desires, either by himself or through his lessees, to work such minerals a right (in this Part of this Act referred to as a mining (unworked minerals) right) to work such minerals.

(5) Where a person working a mine has entered into an agreement with a person working another mine adjoining such first-mentioned mine for an adjustment of the boundaries between such mines with a view to reducing the amount of minerals to be left unworked between such mines or to enabling the minerals in such mines to be worked more efficiently or more economically, and effect cannot be given to such agreement by reason of the failure or refusal of the lessors of such mines or the owners of the surface, or any of them, to concur therein, the Minister may, subject to and in accordance with this Part of this Act, grant to the persons working such mines a right (in this Part of this Act referred to as a mining (adjustment of boundaries) right) to work such minerals in accordance with the adjustment of boundaries contained in such agreement.

(6) For the purposes of this Act the expression “mining right” shall be deemed to be equivalent to the expression “a mining (proprietor's) right, a mining (small parcels) right, a mining (area) right, a mining (unworked minerals) right and a mining (adjustment of boundaries) right or any of such rights.”

(7) Subject to the provisions of the next following sub-section, a mining right shall not be granted in respect of any State mines and minerals or in respect of any minerals in respect of which an exclusive State mining right is exercisable.

(8) A mining right, other than a mining (unworked minerals) right, in respect of minerals comprised in a lease made under Part III . of this Act may be granted for a term not exceeding the residue unexpired of the term granted by such lease.

Grant of ancillary rights.

19. —(1) Where any facility, right, or privilege is required in order that minerals may be properly and conveniently worked by the person entitled to work such minerals, and in the opinion of the Minister the proper and efficient working of such minerals is unduly hampered by the inability or failure of such person to obtain such facility, right, or privilege (in this Act referred to as an ancillary right) the Minister may, subject to and in accordance with this Part of this Act, grant to any person having the right to work such minerals who is desirous of working them either by himself or through his lessees such ancillary right.

(2) The ancillary rights which may be granted under the foregoing sub-section shall, without prejudice to the generality of such sub-section, include all or any of the following rights, that is to say:—

(a) a right to let down the surface;

(b) a right of air-way, shaft-way, or surface or underground way-leave, or other right for the purpose of access to or conveyance of minerals or machinery or the ventilation or drainage or working of the mines;

(c) a right to use and occupy the surface for the erection of crushing and dressing mills, washeries, coke ovens, railways, aerial rope ways, aerial tramways, by-product works, or brick making or other works, or for dwellings for persons employed in connection with the working of the minerals or with any such works as aforesaid;

(d) a right to a supply of water or other substances in connection with the working of minerals;

(e) a right to dispose of water or other liquid matter obtained from mines or any by-product works:

(f) a right to dispose of any waste products obtained in connection with the working of minerals;

(g) a right to dam or divert any river, or watercourse, including an artificial watercourse;

(h) a right to divert sewers, watermains and pipes;

(i) a right to divert a public road, street, or way or a private way, and to substitute for an existing bridge another bridge on a different site;

(j) a right to divert a railway, or tramway;

(k) a right to demolish buildings which impede the proper working of the mines and minerals.

(3) An ancillary right may be granted to a person to whom a mining right is granted at the same time as such mining right is granted or at any subsequent time.

(4) Subject to the provisions of the next following sub-section an ancillary right shall not be granted in, through, or over any minerals which are State mines and minerals in respect of which an exclusive State right of mining is exercisable.

(5) An ancillary right may be granted in, through, or over any minerals which are comprised in a lease made under Part III of this Act subject to the restriction that no such right shall be granted for a term exceeding the residue unexpired of the term granted by such lease.

Restrictions on grant of rights.

20. —Neither a mining right nor an ancillary right shall be granted unless it is shown that it is not reasonably practical to obtain such right by private arrangement for any of the following reasons—

(a) that the persons with power to grant the right or the persons whose concurrence is necessary for the exercise of the right are numerous or have conflicting interests;

(b) that the persons with power to grant the right or any of them or the persons whose concurrence is necessary for the exercise of the right or any of them cannot be ascertained or cannot be found;

(c) that the persons from whom the right must be obtained or any of them or the persons whose concurrence is necessary for the exercise of the right or any of them have not the necessary powers of disposition to enable them to grant the right or concur in the exercise of the right (as the case may be);

(d) that the persons or any of the persons with power to grant the right or whose concurrence is necessary for the exercise of the right unreasonably refuse or refuses to grant such right or to concur in the exercise thereof or demand or demands terms which, having regard to the circumstances, are unreasonable.

Applications for rights.

21. —(1) Any person to whom a mining right might be granted in respect of certain minerals may send an application to the Minister for the grant of such mining right in respect of such minerals.

(2) Any person having a right to work minerals, whether by virtue of a mining right or otherwise, and any person applying for a mining right may send an application to the Minister for the grant to him of an ancillary right.

(3) Every application under this section shall be in the prescribed form and contain the particulars required by such form including a statement of the circumstances alleged by the applicant having regard to the foregoing provisions of this Act applicable to his case to justify the grant of the right applied for by him and shall be verified in the prescribed manner.

(4) Whenever an application is sent to the Minister under this section the applicant shall within the prescribed time serve in the prescribed manner on such persons as may be prescribed copies of such application.

(5) Any person upon whom an application has been served in pursuance of the foregoing sub-section may make representations to the Minister on the subject of such application.

Preliminary consideration of applications and reference to and report by the Board.

22. —(1) On receipt of an application under the next foregoing section the Minister shall, but not until the expiry of three weeks after the receipt thereof consider whether a prima facie case has been made out for the grant of the right applied for therein.

(2) For the purpose of such consideration the Minister shall consider any representations made to him in relation to such application and may make such inquiries and communicate with such persons as he may think fit.

(3) Upon such consideration the Minister shall, unless he is of opinion that a prima facie case has not been made out for the grant of the right the subject of such application, refer such application to the Board.

(4) The Board shall consider every application referred to it by the Minister under this section and shall report to the said Minister on such application.

(5) Every report by the Board under this section shall be in the prescribed form and shall contain the prescribed particulars and such report shall also contain such matters (if any) as are required by this Part of this Act to be included in such report.

Grant of rights.

23. —(1) On receipt of a report from the Board under this Part of this Act the Minister shall consider such report and on such consideration shall have regard to such matters as he is required by this section to take into account and if after such consideration he is satisfied that, having regard to the preceding relevant provisions of this Part of this Act, a case has been established entitling him to grant the right applied for and that it is in the public interest that such right should be granted to the applicant, he may, by order, grant the right on such terms and subject to such conditions, and for such period, as he thinks fit, and upon such order being made, the right specified therein shall subject to the provisions of this Act vest in the applicant.

(2) In determining the duration of any right to be granted the Minister shall have regard to the time reasonably necessary to enable the minerals to be fully worked, and where the applicant's interest in any minerals in virtue of which he is entitled to make an application is a leasehold interest, shall have regard to the duration of such interest.

(3) Where the right applied for is a right to let down the surface, the Minister in determining whether the right should be granted—

(a) shall have regard to the value of the minerals required for the support of any works or buildings or intended works or buildings on or below the surface as compared with the value of the buildings or works, and as to whether the support of the works or buildings is, in the public interest, more important than the working of those minerals; or

(b) if there are no such works or buildings, shall have regard to the extent to which the use of the surface for the purpose for which it is used or intended to be used will be prejudicially effected by subsidence, and as to whether the support of the surface is, in the public interest, more important than the working of the minerals required for the support thereof.

(4) In determining whether any right should be granted or the conditions upon which any such right should be granted the Minister shall have regard to all the circumstances of the case, and, in particular, to the extent to which the retention of any of the minerals is required for the protection of any mines or other works from flooding or for any other mining purpose, and (as far as is relevant) to the royalties, covenants and conditions reserved by or contained in the applicant's existing mining lease or leases (if any) or customary in mining leases in the district.

(5) Whenever the Minister grants to a person a right under this section, compensation (in this Act referred to as compensation under Part IV of this Act) in respect of such grant shall be paid in accordance with this Act by such person.

Several applications in respect of same right.

24. —(1) Where separate applications are made by two or more persons for a mining right to work the same minerals and both such applications are referred to the Board, the Board shall, in their report, report to the Minister, and the Minister shall determine to which, if any, of the applicants such right should be granted, or whether the right to work one part of the minerals should be granted to one applicant and the right to work another part should be granted to another applicant.

(2) In making a report on such separate applications the Board shall report how the minerals can be most conveniently worked and in arriving at his determination the Minister shall have regard to such report, to the respective rights of the applicants in the surface or adjacent minerals, and generally to all the circumstances of the case.

(3) This section shall apply to cases of applications by two or more persons for the same ancillary rights subject to the necessary modifications, and in particular subject to this modification, that any such right may be granted to the applicants, or to any two or more of them, jointly.

Revocation of grant of mining rights.

25. —(1) Where a mining right is granted to any person and the Minister is satisfied that such person is not bona-fide or efficiently working the minerals the subject of such mining right, the Minister may revoke such mining right.

(2) Where a mining right granted to a person is revoked under this section, such person shall not be entitled to a refund of the compensation paid by him in respect of such mining right or any part of such compensation.

Protection of State lands.

26. —The Minister shall not make an order under this Part of this Act in relation to any minerals in or under any land vested in or in the occupation of a Minister head of a Department of State except after consultation with such Minister.

Returns by grantees.

27. —(1) Every person to whom a mining right is granted shall furnish to the Minister in the prescribed form, within twenty-eight days after being required by the Minister so to do, such information as the Minister may require in relation to the minerals the subject of such right and the working of such minerals.

(2) If any person on being required under this section by the Minister to furnish any information to him fails or refuses to furnish such information or furnishes information which is false or misleading in any material respect or otherwise makes default in complying with this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and in the case of a continuing offence a further fine not exceeding ten pounds for every day during which the offence is continued.