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Licensee’s duty to negotiate
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111. (1) A licensee under a mining licence that requires an ancillary surface right over private land in order to work minerals or an estate or interest in private land for an operational purpose shall make reasonable attempts—
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(a) to ascertain and locate every owner concerned, and
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(b) if any owner concerned is located, to negotiate the acquisition of that right, estate or interest from him or her, and, in particular, to make an unconditional written offer to such owner for the purposes of such acquisition.
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(2) If any owner concerned does not respond to a written offer made under subsection (1)(b) within 14 days after the offer is given to the owner, that owner is deemed to have rejected it.
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(3) If a licensee under a mining licence has not been able—
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(a) to ascertain or locate any owner concerned, or
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(b) to acquire an ancillary surface right, estate or interest in private land by agreement from that owner,
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then the licensee may apply to the Minister for an ancillary surface rights licence, which the Minister may grant only after acquiring the right by a mining facilities acquisition order.
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(4) If a licensee under a mining licence has not been able to ascertain or locate the owner concerned or acquire the estate or interest in private land by agreement from the owner, the licensee may apply to the Minister to grant a mining facilities acquisition order that vests that estate or interest in the licensee.
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