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Restrictions on the grant of preservation of support orders.
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43.—(1) A preservation of support order shall not be made unless all the following conditions (in this Act referred to as statutory conditions) are fulfilled, that is to say:—
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(a) mining operations which will prejudice the stability of the building in relation to which the order is applied for are in progress or are reasonably apprehended under the land on or in which such building is situate or under land adjacent to that land, and
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(b) the applicant for such order satisfies the Attorney-General that he is not entitled in law to such right of support in respect of such building as would enable him to obtain in a court of law relief in respect of the said mining operations, and
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(c) it is not reasonably practicable for the said applicant to obtain by private arrangement a right to such support as would effectually preserve the stability of such building.
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(2) A preservation of support order may in a proper case be made in respect of the working of State minerals.
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