65Working of mines lying near the works

65 Working of mines lying near the works

(1)  *[Section 65 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 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 pipes or works which are underground and are described in the map or plan required by Part IX 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 forty metres therefrom, be desirous of working the same, that owner, lessee, or occupier shall give the undertakers notice in writing of his intention so to do, thirty days before the commencement of working.

(2)  Upon the receipt of a notice under subsection (1) of this section, 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 said works, 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)  If the undertakers and the owner, lessee, or occupier do not agree as to the amount of the compensation, it shall be settled as in cases of disputed compensation.