279. Implication of ancillary powers.

An express liberty to dig pits implies prima facie a right, subject to planning regulation1, to fix on the surface machinery necessary for draining the mines and raising the minerals2. Similarly, it has been held that a liberty with employees, carriages and horses to enter and carry away the minerals may authorise the construction of a railway3, and liberty to make a sough or drain carries with it liberty to make sough pits for its repair4. To an express right of working is probably incidental the right to deposit minerals and spoil on the surface