64Right of owner to work a mine if undertakers do not state their willingness to treat for payment of compensation

64 Right of owner to work a mine if undertakers do not state their willingness to treat for payment of compensation

(1)  If before the expiration of the period of 30 days referred to in section 63 (1) , the undertakers do not state their willingness to treat with the owner, lessee, or occupier for the payment of compensation, as provided in that section, the owner, lessee, or occupier may work the mines, and may drain them, by means of engines or otherwise, as if this Act and the special Act had not been passed, but so that no wilful damage is done to the works, and so that the mines are not worked in an unusual manner.

(2)  If any damage or obstruction is occasioned to the works of the undertakers by the working of the mines in an unusual manner, that damage or obstruction shall be forthwith repaired or removed (as the case may require), and the damage made good by the owner, lessee, or occupier of the mines or minerals, and at his own expense.

(3)  If such repair or removal is not forthwith done, or if the undertakers think fit, without waiting for it to be done by the owner, lessee, or occupier, the undertakers may do the work and recover from the owner, lessee, or occupier the expense occasioned thereby by action in the Supreme Court.