166Use of water, timber and pasturage etc

#### 166 Use of water, timber and pasturage etc 166 Use of water, timber and pasturage etc > > (1) If land subject to an authority includes the surface of the land, the holder of the authority must not— > > > > > (a) use water artificially conserved on that land, or > > > > > (b) fell trees, strip bark or cut timber on that land, > > > > otherwise than in accordance with the consent of any landholder of the surface of the land or, if such a landholder refuses consent or attaches unreasonable conditions to the consent, in accordance with a determination of the Land and Environment Court. > > > (2) If land subject to a mining lease includes the surface of the land, the holder of the lease must not— > > > > > (a) depasture horses on the land, or keep on the land any dog that is not kept under effective control, unless the land is securely fenced, or > > > > > (b) remove rock or earth from the land, except in connection with mining operations, otherwise than with the consent of the landholder of the surface of the land. > > **s 166:** Am 1999 No 43, Sch 1 \[34\]–\[36\]; 2008 No 107, Sch 19 \[15\].