| |
PART 4
Ancillary Rights
|
| |
Chapter 1
Definitions
|
|
|
|
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.
|
