Mines and Minerals Act, 1931

Restrictions on grant of rights.

20.—Neither a mining right nor an ancillary right shall be granted unless it is shown that it is not reasonably practical to obtain such right by private arrangement for any of the following reasons—

(a) that the persons with power to grant the right or the persons whose concurrence is necessary for the exercise of the right are numerous or have conflicting interests;

(b) that the persons with power to grant the right or any of them or the persons whose concurrence is necessary for the exercise of the right or any of them cannot be ascertained or cannot be found;

(c) that the persons from whom the right must be obtained or any of them or the persons whose concurrence is necessary for the exercise of the right or any of them have not the necessary powers of disposition to enable them to grant the right or concur in the exercise of the right (as the case may be);

(d) that the persons or any of the persons with power to grant the right or whose concurrence is necessary for the exercise of the right unreasonably refuse or refuses to grant such right or to concur in the exercise thereof or demand or demands terms which, having regard to the circumstances, are unreasonable.