256. General wayleave.

256.     General wayleave.

A general grant1 of wayleave, in connection with mines2, but undefined in position, will authorise the construction and use of such a way as is necessary, having regard to the surrounding circumstances of the case or the requirements of the grantee3. Thus a right of wayleave may authorise a framed wagon-way, if it is necessary for the carriage of coals4; and the term 'sufficient wayleave' may authorise the construction of a fenced railway, if this is necessary to enable the minerals5 to be worked at a reasonable