An ancillary right may be conferred1 on a person having the right to work minerals2 who is working or desirous of working the minerals either by himself or through his lessees3, if the right is required in order that the minerals may be properly and conveniently4 worked by him, and the proper and efficient working of the minerals is unduly hampered5 by his inability6 or failure to obtain that right7.
In relation to minerals, 'ancillary right' means any facility, right or privilege and, without prejudice to the generality of that provision, includes: (1) a right to let down the surface8;
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