Section 110 — Mineral Enactment 1999

(a)

to enter such land for the purposes specified in the licence;

(b)

to carry out all or any of the works thereby sanctioned; and

(c)

to exercise all or any of the rights conferred thereto:

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Provided that the holder of the water licence shall send a written notice at least seven days before any such entry to the owner or the Director, as the case may be, informing the owner or the Director of such intent and of the owner's or the State Government's rights to compensation as provided under subsection (3).

(2)

Where a water permit granted under this Part gives permission to divert water from or across any State land or mining land, it shall be lawful for the holder thereof

–

(a)

to enter the land for the purposes specified in the licence;

(b)

to carry out all or any of the works thereby sanctioned; and

(c)

to exercise all or any of the rights conferred thereto.

(3)

A holder of the water licence or water permit shall be liable to make compensation to the owner or the State Government, as the case may be, of any land affected by the works or exercise of rights under subsection (1) or (2), and in the absence of any agreement between the holder of the licence and the said owner or the State

Government in respect of any compensation, such compensation shall be determined by the Director in such manner as may be prescribed.

(4)

Any person who is aggrieved by any decision made under subsection (3)

may, within thirty days of being notified of such decision, appeal to the High Court.

(5)

Where –

(a)

diversion works have been placed on the land mentioned in subsection (1) or (2); and

(b)

the owner of the land through which the diversion works pass desires to use or deal with his land in such a manner as to render it necessary or convenient that the diversion works should be removed or altered to another part of the land, the owner of the land may, by notice in writing, require the holder of the water licence or water permit to remove or alter the diversion works within a reasonable period.

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(6)

If the holder of the water licence or water permit does not comply with the requisition made under subsection (5), the owner of the land may apply to the Director to order the removal or alteration of the diversion works.

(7)

The Director to whom an application is made under subsection (6) may, in his discretion, refuse the application or make an order, with or without conditions, for the removal or alteration of the diversion works.

(8)

Any person who is aggrieved by the decision of the Director under subsection (7) may, within thirty days of being notified of such decision, appeal to the

Minister whose decision shall be final.

Alteration or interference with river banks.