Minerals Development Act 2017


Ancillary Rights

Chapter 1


Ancillary rights

102. (1) The following are “ancillary underground rights” for the purposes of this Act:

(a) a right to remove rock that is adjacent to minerals for the purposes of underground mining;

(b) a right to construct and to operate and use shafts, tunnels, boreholes and other underground rights of way for the purposes of—

(i) accessing or conveying minerals or machinery, or transporting persons,

(ii) ventilation, drainage or emergency egress, or

(iii) working minerals;

(c) a right to construct and operate underground facilities, such as workshops, canteens, material and explosive storage facilities and pump chambers.

(2) The following are “ancillary surface rights” for the purposes of this Act:

(a) a right to remove rock and other overburden for the purposes of open-cast mining;

(b) a right of way on the surface—

(i) for access to, and the transport of, minerals,

(ii) for pipelines for the transport of water, tailings or other fluids or slurries, and

(iii) for overhead or buried power lines;

(c) the right to fence in those rights of way;

(d) a right to a supply of surface water in connection with the working of minerals;

(e) a right to dam or divert any river or watercourse, including an artificial watercourse, for the purpose of gaining access to minerals;

(f) a right to divert—

(i) pipelines, sewers, water mains and other pipes,

(ii) power and any other type of cables, and

(iii) a public road, street or right of way or a private right of way, including the right to substitute for an existing bridge another bridge at a different location;

(g) a right of access for the purposes of monitoring land, air and noise, and a right to install, fence in and maintain equipment for those purposes.