Section 45Part 4 — Passageways
Interference with passageways
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No holder of prospecting or mining rights or of a water right shall, at any time, in the exercise of the rights granted under this Law, interfere with or perform any act which may tend to interfere with the exercise of any right of passageway or perform any act which may damage or tend to damage any passageway without first obtaining the consent in writing of the holder of such right of passageway:
that, in the case of public rights of passageway or where the holder of the right of passageway cannot be found by the person requiring his consent, the consent of the Governor shall be deemed sufficient consent.
Nothing in subsection (1) shall prevent the holder of a licence, mining lease or water right, or an applicant for a mining lease to whom permission to mine has been granted under section 32, from diverting any public path within the area of his licence, mining lease or water right, or covered by the application, if such diversion is made entirely within the area held by or applied for by him and is aligned and maintained to the satisfaction of the Governor; and on the conclusion of mining or prospecting operations, or operations under the water right, affecting such public path, it shall, if required by the Governor, be remade as and where it was before such interference.