Section 43Part 3 — Mining
Owner may remove plant, etc., on termination of lease or water right
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The owner of any plant, machinery, engines or tools on any land the subject of a mining lease or water right, which has terminated or which are in, on, or over any passageway used in connection therewith, may within three months from the date of such termination, or within such further time as the Governor may allow, remove such plant, machinery, engines or tools, but shall not remove or interfere with any timber in any mine; and if such plant, machinery, engines or tools are not so removed they may be sold by auction by order of the Governor at the risk of such owner, and the net proceeds of such sale, after deducting the costs thereof and any sum which the person who was the holder of such lease or water right is required by law to pay to Government, shall be retained by the Governor and held until applied for by such owner:
where such plant, machinery, engines and tools cannot be sold by auction they shall become the property of the Crown and may be dealt with and disposed of in such manner as the Governor may direct.
Whoever removes or interferes with any timber in a mine other than that which it may be necessary to remove in the course of normal mining operations is guilty of an offence and liable on summary conviction before two Justices to a fine of two hundred dollars and to imprisonment with hard labour for six months.
Defined Terms
mining leasewater rightGovernorCrown