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Chapter 3
Ancillary Surface Rights and Operational Purposes
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Interpretation - Chapter 3
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110.In this Chapter—
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“estate or interest”, in relation to land, does not include an ancillary surface right;
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“operational purpose”, in relation to working minerals, means any of the following purposes:
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(a) to exercise an ancillary underground right with respect to the subsurface of land that lies less than 10 metres from the surface;
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(b) to permanently remove rock and other overburden for the purposes of open-cast mining;
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(c) to exercise an ancillary underground right that causes significant subsidence to the surface that results in permanent damage to the surface;
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(d) to construct and operate surface facilities, including water wells and ventilation facilities;
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(e) to access and transport minerals;
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(f) to dispose of mineral waste;
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(g) to construct and operate treatment facilities, including facilities for the retention or discharge of water.
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