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(1)Every owner of an estate in possession in mines and minerals which have, by virtue of section 7, been excepted from the application of section 1(1) shall, before the first appointed day, make application to the Ministry, in such form accompanied by such particulars as may be approved by the Ministry, for the registration of his estate under this section.
(2)Where the mines and minerals are the subject of a settlement and the trustees, if any, of the settlement have, or any other person entitled under the settlement has, reason to believe that a person entitled to make application under subsection (1) cannot, or it is not likely to, make the application before the first appointed day, the trustees or that other person may make the application on his behalf, and if no application is received from him before that day any application so made shall be deemed to be made by him.
(3)The Ministry shall keep a register of estates in mines and minerals to which subsection (1) applies in such form and at such place, and shall enter in it such particulars of all estates for the registration of which application is duly made under this section and is not, or is not treated as, withdrawn, as the Ministry thinks fit.
(4)The register kept under subsection (3) shall be open for inspection by any person at all reasonable hours.
(5)A person who makes application under subsection (1), or on behalf of any other person under subsection (2), for the registration of an estate in mines and minerals shall, on being so required by notice served on him by the Ministry, furnish to the Ministry such further and better particulars as are within his knowledge or can reasonably be procured by him as the Ministry may require to enable it to know—
(a)whether the mines and minerals are mines and minerals to which section 7 applies; or
(b)whether the applicant or the person on whose behalf the application is made is entitled to be registered as the owner of that estate; or
(c)the nature of the estate, or the extent of the land or the description of any mines and minerals which is or are subject to it;
and if any person, within such reasonable period as the Ministry by notice served on him specifies, fails to comply with any requirement duly made of him under this subsection his application shall on the expiration of that period be treated as withdrawn.
(6)In this section and sections 9 and 10 “estate” means—
a legal or equitable life estate;
a legal or equitable fee tail;
a legal or equitable fee simple absolute;
a tenancy; or
an equity of redemption in relation to a mortgage of any of the above estates;
but does not include either a legal or equitable life estate, fee tail or fee simple absolute to which a person is entitled as a mortgagee or a mortgage term, except where the mortgagee is in possession.
(1)Where mines and minerals of any description in any land have, by virtue of section 7, been excepted from the application of section 1(1) and—
(a)no application for the registration under section 8 of any estate in the mines and minerals of that description in that land is duly made under subsection (1) or (2) of that section, or
(b)every such application which is so made is or is treated as withdrawn,
then, as from the first appointed day (or, where a sole application or a last outstanding application is or is treated as withdrawn at a time subsequent to that day, as from that time), section 1(1) shall be deemed to have had effect with respect to the mines and minerals of that description in that land as if section 7 had not been passed, but subject to subsection (2).
(2)Subsection (1) shall not render unlawful anything otherwise lawfully done before the first appointed day (or, as the case may be, the time mentioned in that subsection) by or on behalf of any person mentioned in section 7, or any successor in title of his, in or for the purpose of working the mines and minerals in question.
(1)A person aggrieved by—
(a)the refusal of the Ministry to register any estate in mines and minerals on an application made by him under subsection (1) of section 8, or by him on behalf of any other person under subsection (2) of that section, or
(b)any requirement made of him by the Ministry under subsection (5) of that section,
may appeal against the refusal or requirement to the Lands Tribunal, and the Tribunal, if satisfied that registration should be allowed (with or without the furnishing of further and better particulars) or, as the case may be, that the requirement should be varied or discharged, may order accordingly.
(2)Where, by virtue of section 9(1), section 1(1) is deemed to have had effect with respect to any mines and minerals in default of the registration of some estate therein under section 8, the Lands Tribunal, on an application made by any person who would have been entitled to an estate in possession in those mines and minerals were it not for the operation of section 9(1), or, where the mines and minerals would have been the subject of a settlement, by the trustees, if any, of the settlement or any other person entitled under the settlement, may make an order annulling the operation of section 9(1) in relation to those mines and minerals and requiring the registration before a day specified in the order of any estate therein which is subsisting by virtue of the order; and where such an order is made sections 8 and 9 and subsection (1) of this section shall thereafter apply in relation to those mines and minerals with the necessary modifications and in particular as if any reference in section 8 or 9 to the first appointed day were a reference to the day so specified.
(3)On an application under subsection (2) the Lands Tribunal shall not make an order such as is mentioned in that subsection unless it is satisfied—
(a)that there was good reason for the failure to submit an application under subsection (1) or (2) of section 8 before the first appointed day, and
(b)where the Ministry has exercised or proposes to exercise any of the powers conferred on it by sections 11 and 15 to 19 in relation to the mines and minerals in question, that the granting of the application will not prejudice the reasonable and legitimate interests of the Ministry or any other person.
(4)Without prejudice to subsection (3)( b), no order made under this section shall have the effect of—
(a)prejudicing any disposition duly made, licence, permission or permit duly granted or thing duly done by the Ministry under the succeeding provisions of this Act or any thing duly done by any other person under the authority of any such disposition, licence, permission or permit; or
(b)rendering the Ministry or any such other person liable to any proceedings whatsoever in consequence of any such disposition, licence, permission, permit or thing.
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