Mines and Minerals Act, 1931

• Permanent Page URL

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.