Section 94
Mineral tenement holder to permit use of excess and discharged water to others
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(1)
The Superintendent may, by a written order, direct the holder of a mineral tenement to permit any other person to enter upon the land which is the subject of the mineral tenement and thereupon to erect, construct and maintain, at that person’s own expense, any pump, line of pipes, flume, race or watercourse which, in the opinion of the Chief Inspector, may be necessary to enable him to take advantage of any excess or discharged water from such land, and to convert the same to his own use:
Provided that no such use, erection, construction or maintenance shall be permitted or continued if it is proved that it causes or is likely to cause prejudicial effect or result upon or towards any actual or prospective mining operations which is being or may be commenced or carried on upon the land affected by the mineral tenement.
(2)
Where any land the subject of a mineral tenement is affected by an order issued under subsection (1), the holder of such mineral tenement may, within sixty days from the date of notification of the order, appeal against such order to the Authority whose decision shall be final.
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