Mines and Minerals Act, 1931
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PART IV. Grant of Rights in Non-State Mines and Minerals. | ||
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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 or 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. |