sec.236Entitlement to use sand, gravel and rock

### sec.236 Entitlement to use sand, gravel and rock Subject to compliance with any conditions specified in the mining lease and payment of the prescribed royalty to the person having the property in any sand, gravel or rock the holder of the mining lease may utilise, upon the area of the mining lease and for any purpose permitted under the mining lease, sand, gravel and rock occurring in or on the area of the mining lease except to the extent that an authority granted under any other Act prior to the grant of the mining lease or, with the consent of the holder of the mining lease, after the grant of the mining lease for the use or disposal applies thereto. A provision in any other Act, other than the Environmental Protection Act , that, but for this subsection, would require a person acting pursuant to subsection (1) to obtain a licence or other authority thereunder to so act or would prohibit that person from so acting unless the person held such a licence or authority does not apply to that person. For the purposes of chapter 11 , sand, gravel and rock utilised by the holder of a mining lease pursuant to this section shall be deemed to be mineral mined by the holder. s 236 amd 2000 No. 64 s 128 ; 2012 No. 20 s 125 sch 1 , s 323 sch 3 (sec.236-ssec.1) Subject to compliance with any conditions specified in the mining lease and payment of the prescribed royalty to the person having the property in any sand, gravel or rock the holder of the mining lease may utilise, upon the area of the mining lease and for any purpose permitted under the mining lease, sand, gravel and rock occurring in or on the area of the mining lease except to the extent that an authority granted under any other Act prior to the grant of the mining lease or, with the consent of the holder of the mining lease, after the grant of the mining lease for the use or disposal applies thereto. (sec.236-ssec.2) A provision in any other Act, other than the Environmental Protection Act , that, but for this subsection, would require a person acting pursuant to subsection (1) to obtain a licence or other authority thereunder to so act or would prohibit that person from so acting unless the person held such a licence or authority does not apply to that person. (sec.236-ssec.3) For the purposes of chapter 11 , sand, gravel and rock utilised by the holder of a mining lease pursuant to this section shall be deemed to be mineral mined by the holder.