Section 46Part 4 — Passageways
Acquisition of right of passageway
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If the holder of a licence or mining lease, or a person having permission under section 32 to mine on an area the subject of an application, is desirous of obtaining a right of passageway over lands outside the area covered by the licence, lease or application, or if the holder of a water right is desirous of obtaining a right of passageway for the purpose of such water right, but is unable to obtain consent to such right, or on such terms as he considers reasonable, from the owner or occupier of the land over which the right is desired, he may apply to a Judge of the Grand Court for an order granting such right of passageway; and for the purposes of such application the holder of the licence, mining lease or water right, or the person having permission under section 32 to mine, may authorise in writing a land surveyor, together with his servants and workmen, to enter at all reasonable times on any land after giving to the occupier thereof not less than three days notice of the date upon which such entry is proposed to be made; and any damage done by such surveyor, his servants or workmen, shall be deemed for the purposes of section 12 to be damage done by such holder or person in the course of prospecting or mining operations.
If, on any application under subsection (1), a Judge of the Grand Court is satisfied that it is —
necessary either for prospecting or mining operations or for the transportation, treatment, processing or storage of any mineral mined, that the applicant should have the right of passageway; and
reasonable for such right to be granted over the particular land the subject of the application, he may make an order granting to the applicant the right of passageway and shall determine the compensation to be paid to the owner or occupier of the land over which the right of passageway was granted.
In assessing the compensation payable under this section, a Judge of the Grand Court shall have regard to the disturbance of surface rights and to any damage done, or likely to be done, to the surface of the land and shall include in such assessment the sum due for rental of any land occupied under such right of passageway.
A copy of such order shall be forwarded by the Clerk of the Court to the Governor.