64Rights of undertakers where mines and minerals in Crown

64 Rights of undertakers where mines and minerals in Crown

(1)  [Section 64 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] Notwithstanding anything contained in the Mineral Resources Development Act 1995 , the undertakers may, for the purposes of constructing their works, dig, remove, use elsewhere, and dispose of, anything in the soil of any land belonging to them, gold and silver only excepted.

(2)  [Section 64 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 64 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 64 Subsection (2) substituted by No. 17 of 1996, Applied:07 Jan 2013] Where –

(a) any mines or minerals, within the meaning of the common law or of the Mineral Resources Development Act 1995 , in any land of the undertakers, are vested in the Crown; and

(b) the undertakers require for their undertaking to remove them and occupy the space thereby left –

the undertakers, upon covenanting to pay the value, of those mines and minerals, as they lie in the required space, to be determined after their removal, shall be entitled to a grant of those mines and minerals, notwithstanding anything contained in the Mineral Resources Development Act 1995 or in the Crown Lands Act 1976 .

(3)  [Section 64 Subsection (3) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] The powers conferred on the undertakers by section nine may be exercised notwithstanding any right of the Crown in the soil of the street, that to gold, silver, and precious stones only excepted, or anything contained in subsection (2) of this section or in the Mineral Resources Development Act 1995 .