63Working of mines lying near the works

63 Working of mines lying near the works

[Section 63 Amended by No. 75 of 1973, s. 2 and Sched. 1 ]

(1)  Except where otherwise provided for by agreement between the undertakers and other parties, if the owner, lessee, or occupier of any mines or minerals lying under the reservoirs or buildings belonging to the undertakers, or under any of their channels or works which are underground and are described in the map or plan required by Part VIII to be kept and deposited by the undertakers, or within the distance prescribed by the special Act , if any, or if no distance is prescribed, within 40 metres therefrom is desirous of working those mines or minerals, that owner, lessee, or occupier shall give the undertakers notice in writing of his intention so to do, 30 days before the commencement of working.

(2)  Upon the receipt of a notice under subsection (1) , the undertakers may cause the mines to be inspected by any person appointed by them for the purpose, and if it appears to the undertakers that the working of the mines or minerals is likely to damage the works referred to in that subsection, and if they are willing to make compensation for the mines to the owner, lessee, or occupier thereof, the owner, lessee, or occupier shall not work those mines or minerals.

(3)  *[Section 63 Subsection (3) amended by No. 24 of 1993, s. 3 and Sched. 1 ]*If the undertakers and the owner, lessee, or occupier do not agree as to the amount of the compensation, it is to be determined as if there was a disputed claim for compensation under the Land Acquisition Act 1993 .