Section 93
Alteration or interference with river banks
—
(1)
No person shall, in the enjoyment of a mineral tenement, alter or interfere with, or cause or permit to be altered or interfered with, the banks of any river, stream or watercourse unless—
(a)
such alteration or interference is permitted in a water licence or water permit issued under this Part; or
(b)
such person has obtained the written permission the
Controller of Rivers under subsection (3).
(2)
An application for written permission to alter or interfere with the banks of any river, stream or watercourse shall be made by the holder of a mineral tenement to the Controller of Rivers in the form prescribed by the Authority.
(3)
Upon receipt of an application under subsection (2), the
Controller of Rivers may, after consultation with such other relevant authorities as he deems necessary, give written permission to the holder of a mineral tenement to alter or interfere with the banks of any river, stream or watercourse.
(4)
The Controller of Rivers may, by a written order, require any person who in the course of mining operations—
(a)
alters or interferes with the banks of any river, stream or watercourse; or
(b)
permits any other person to alter or interfere with the banks of any river, stream or watercourse, to restore the same to the condition in which it was immediately prior to such alteration or interference or to remake the same in such manner as may be prescribed in the order.
(5)
In the exercise of his powers under this section, the
Controller of Rivers shall consult the Director.