Minerals Development Act, 1940

Grant of applications by Minister.

47.—(1) When the Minister has received the report of the Board on an application for an unworked minerals licence, an ancillary rights licence or a preservation of support order he shall, as he shall think proper having regard to such report and all the circumstances of the case and all (if any) matters to which he is required by this Act to have regard, either refuse such application or grant such application and issue the licence or make the order which is the subject of such application.

(2) Notwithstanding anything contained in the foregoing sub-section of this section, the Minister shall not grant any such application as is mentioned in that sub-section unless he is satisfied that the relevant statutory conditions have been fulfilled.

(3) In the case of an application for an ancillary rights licence, where the right to which the application relates is a right to let down the surface of any land and the superincumbent or adjacent strata up to such surface, and also in the case of any application for a preservation of support order, the Minister when determining whether such application should or should not be granted,—

(a) if there are buildings on or under the land to which such application relates or if buildings are bona fide intended to be erected on such land, shall have regard to the relative values of such buildings and of the minerals which would be required to be retained under such land to support such buildings and to the relative importance in the public interest of the preservation of support for such buildings and the working of such minerals, or

(b) if there are no buildings on or in such land or bona fide intended to be erected thereon or therein, shall have regard to the extent to which the actual or intended use of the surface of such land will be prejudiced by the subsidence of that surface and to the relative importance in the public interest of the continuance of such use and of the working of such minerals.