Minerals Development Act, 1940

Right of entry and user of land containing State minerals.

31.—(1) Where there are State minerals lying on or under any land, it shall be lawful for the Minister, at any time, subject to the terms of any lease, licence, or permission granted by him under this Act, to enter on and use such land in such manner as may be reasonably necessary for the purpose of working such minerals or for any purpose incidental thereto.

(2) Where State minerals are comprised in any State mining lease or State mining permission, the lessee of such lease or the holder of such permission (as the case may be) may, during the currency of such lease or permission, enter on the land on or under which such minerals lie and use such land in such manner as may be reasonably necessary for the working of such minerals or for any purpose incidental thereto.

(3) Whenever damage to the surface of any land is caused, directly or indirectly, either—

(a) by working or doing anything incidental to the working of State minerals, or

(b) by exercising a right of entry and user of land conferred by this section,

the person causing such damage, whether he is the Minister, the lessee of a State mining lease, or the holder of a State mining permission, shall be liable to pay compensation (in this Act referred to as compensation for damage under Part IV) for such damage.

(4) The amount of compensation for damage under Part IV shall, in default of agreement, be determined in accordance with the provisions of Part VII of this Act.