Mines and Minerals Act, 1931
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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. |