332. Wayleave royalties.

332.     Wayleave royalties.

Royalties estimated similarly to royalties on demised minerals1 are often reserved in respect of minerals worked by way of outstroke2 from and brought through the demised mine3 or over surface land4. Such minerals are frequently referred to as foreign minerals and such royalties are known as wayleave rents or wayleaves. If a wayleave is used without authority, the measure of damages is the sum which would properly have been payable in royalty if the right of wayleave had been granted5.