Minerals Development Act, 1940

Restricted effect of grant of licences and orders.

51.—(1) Neither an unworked minerals licence nor an ancillary rights licence shall operate—

(a) to confer on the licensee thereunder any greater or other power than would have been conferred on him by such licence if it had been granted by a person legally entitled (otherwise than under this Act) to grant the same, or

(b) to relieve such licensee of any obligation or liability to which he would have been subject if such licence had been granted by any such person as aforesaid.

(2) A preservation of support order shall not operate—

(a) to confer on the person (in this sub-section referred to as the grantee) to whom is granted the legal right to enforce the restrictions thereby imposed any greater or other power than he would have been entitled to exercise if the right to enforce such restrictions had been conferred on him by a person legally entitled (otherwise than under this Act) to grant the same, or

(b) to relieve the grantee of any obligation or liability to which he would have been subject if the right to enforce such restrictions had been conferred on him by such person so legally entitled as aforesaid.