Section 48Part 4 — Passageways
Use of mining road
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The holder of a right of passageway who has constructed a road under such right shall not hinder or prevent any person over whose land such right of passageway exists from having access to or using such road:
that —
where any such person uses such road in such a manner as, in the opinion of the holder, to do appreciable damage thereto, or to enhance substantially the cost of upkeep thereof, the holder may call upon such user to contribute to the cost of upkeep; and
where any such person uses such road in a manner as to interfere materially with the free use and enjoyment of such road by the holder, such holder may call upon such user to limit his use of the road so as to cease such interference.