Minerals Development Act, 1940

“Ancillary rights”.

6.—The following rights shall be ancillary rights for the purposes of this Act, and, in this Act, the expression “ancillary rights” shall be construed accordingly, that is to say:—

(a) a right to let down the surface including a right to let down superincumbent or adjacent strata up to and including the surface;

(b) a right of air-way, shaft-way, or surface or underground way-leave, or other right for the purpose of access to or conveyance of minerals or machinery or the ventilation or drainage or working of mines;

(c) a right to construct, operate and maintain roads and railways for the conveyance of minerals from any mine to any existing road or railway system and for that purpose to use and occupy land and to exercise any right in or over land or water or in or over any public road;

(d) a right to use and occupy the surface of land for the erection of crushing and dressing mills, washeries, coke ovens, railways, aerial rope ways, aerial tramways, by-product works or brick making or other works, or for dwellings for persons employed in connection with the working of minerals or with any such works as aforesaid;

(e) a right to a supply of water or other substances in connection with the working of minerals;

(f) a right to dispose in a particular manner of water or other liquid matter obtained from mines or any byproduct works;

(g) a right to dispose in a particular manner of waste products obtained in connection with the working of minerals;

(h) a right to dam or divert any river, or watercourse, including an artificial watercourse;

(i) a right to divert sewers, watermains, and pipes;

(j) a right to divert a public road, street, or way, or a private way, and to substitute for an existing bridge another bridge on a different site;

(k) a right to divert a railway or a tramway;

(l) a right to demolish buildings which impede the proper working of any minerals.