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PETROLEUM ACT 1923 - SECT 51
Use and occupation of mining area on private or improved land
51 Use and occupation of mining area on private or improved land
(1) With respect to the use and occupation by a lessee of any of the land
demised, every lessee shall— (a) as against the owner or occupier only of
any such land, but not otherwise, be and be deemed to be in occupation of only
such area of such land as the lessee from time to time requires for
effectively carrying on and adequately protecting all the mining operations
and the storing, refining, transporting, and communication works in connection
with all the lessee’s mining operations carried on or to be carried on from
time to time or at any time during the term of the lease or any extension
thereof, together with all rights and easements incidental to such occupation;
(b) during such time have the right personally or by agents or workers, to cut
and use any timber on any such land for building purposes, construction works,
firewood, or other necessary purposes; and may depasture on such land all
stock used in connection with all such mining or other operations or used by
workers or employees of such lessee; subject however to any conditions
prescribed with respect to payment for water timber or agistment in cases
where the making of such payment is deemed necessary;
(c) cause to be
surveyed and securely fenced each surface area on any such land which the
lessee requires so as to effectively carry on and adequately protect the
lessee’s mining operations and works.
(2) However, subsection (1) (c) shall
not apply in relation to any unallocated State land except in so far as the
Minister, in relation to any such land contained in a lease, by notice in
writing to the lessee concerned, so directs.
(3) In this section—
"occupier" means the person in actual occupation of any private land or
improved land, or, if there is no person in actual occupation, the person
entitled to possession thereof.
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