1Grant of working facilities
The court may, subject to and in accordance with this Act, confer any rights described in the Table below.
TABLE
| Paragraph 1 of Table. | ||||||||
(1) This paragraph applies to—
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| and also, where any other mineral is being, or is to be, worked with a mineral specified above, that other mineral. | ||||||||
| (2) A right to search for or work any minerals to which this paragraph applies (but not including coal) may be conferred on any person (e>xercisable either by himself or through a lessee). | ||||||||
| (3) Where the working of any minerals to which this paragraph applies, or the working of any such minerals in the most efficient and economical manner, is impeded by any restrictions, terms or conditions contained in a mining lease, or otherwise binding on the person entitled to work the minerals, a right may be conferred to work the minerals freed wholly or partially from the restrictions or conditions, or to work the minerals on other terms and conditions. |
| Paragraph 2 of Table. |
| (1) This paragraph applies to any minerals other than coal. |
(2) Where there is danger of any such minerals being left permanently unworked— (a) by reason of the minerals being comprised in or lying under land which has been copyhold land, or land subject to a lease, exception, reservation, restriction, covenant or condition, or otherwise not being capable of being worked without the concurrence of two or more persons, or (b) by reason of the minerals being owned in such small parcels that they cannot be properly or conveniently worked by themselves, |
| a right to work the minerals may be conferred on a person having an interest in the minerals or, in the case of minerals owned in small parcels, in minerals adjacent to them (exercisable either by himself or through a lessee). |
| Paragraph 3 of Table. |
| (1) A right to search and bore for coal may be conferred on the National Coal Board. |
| (2) Subject to section 4(5) of this Act, where the working of any coal, or the working of any coal in the most efficient and economical manner, is impeded by any restrictions, terms or conditions contained in a mining lease, or otherwise binding on the person entitled to work the coal, a right may be-conferred to work the coal freed wholly or partially from such restrictions or conditions, or to work the coal on other terms and conditions. |
| In this sub-paragraph " coal" shall not include lignite or brown coal but, subject to that, includes, together with coal as defined in this Act, all other minerals worked or to be worked therewith. |
| Paragraph 4 of Table. |
| (1) Subject to sub-paragraph (2) below, where the persons working two adjoining mines have agreed on an adjustment of boundaries between the mines with a view to reducing the amount of minerals to be left unworked between the mines, or to enabling the minerals to be worked more efficiently or more economically, and effect cannot be given to the agreement by reason of the failure or refusal of the lessors of the mines, or the owners of the surface, or any of them, to concur, a right may be conferred on the persons working the mines respectively to work the minerals in accordance with such adjusted boundaries. |
| (2) No order shall be made under this paragraph on the ground of any failure or refusal on the part of the National Coal Board. |
| Paragraph 5 of Table. |
| (1) An ancillary right may be conferred on a person having the right to work minerals, who is working or desirous of working the minerals either by himself or through his lessees, if the right is required in order that the minerals may be properly and conveniently worked by him, and the proper and efficient working of the minerals is unduly hampered by his inability or failure to obtain that right. |
| (2) An ancillary right may be conferred on a person on whom a right to work minerals is conferred under this Act at the same time or at any subsequent time. |