Mines and Minerals Act, 1931
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Grant of restrictions on working minerals required for support. |
30.—(1) When the Minister receives a report on an application from the Board under this Part of this Act he 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 the allegations upon which the said application was based have been proved and that it is in the public interest that restrictions should be imposed, the Minister may, by order, impose such restrictions on such terms and subject to such conditions and for such period, in relation to the working of the minerals under the land the subject of such application and the land adjacent thereto, as he may think just, and upon such order being made the right to enforce the restriction imposed thereby shall, subject to the provisions of this Act, vest in the person making such application. | |
(2) The restrictions which may be imposed under this section may be either on the quantity or position of the minerals to be worked, or on the methods of working or packing or otherwise such as may be necessary to secure adequate support to the buildings or works or to prevent or minimise damage thereto. | ||
(3) The Minister in determining whether restrictions should be imposed shall have regard to the value of the buildings or works or the cost of repairing damage likely to be caused thereto by subsidence, as compared with the value of the minerals, or to the importance of the erection or preservation of the buildings or works as compared with the importance, in the public interest, of the working of the minerals. | ||
(4) Whenever a right to enforce restrictions is vested in any person by virtue of this section, compensation (in this Act referred to as compensation under Part V of this Act) in respect of such right shall be paid in accordance with this Act by such person. | ||
(5) Subject to the provisions of the next following sub-section no restriction may be imposed under this section in respect of the working of any State mines and minerals or in respect of the working of any minerals in respect of which an exclusive State mining right is exercisable. | ||
(6) Restrictions may be imposed under this section upon the working of minerals comprised in a lease made under Part III of this Act. |