ABSTRACT
Mines means mines of coal, ironstone, slate and other minerals, whether deep mining or open cast. The meaning to be given to minerals depends upon the vernacular of the mining world, the commercial world and landowners at the time. For a full review of the cases on minerals see Earl of Lonsdale v Attorney-General [1983]. Whether a substance is a mineral is a question of fact: see also Waring v Foden [1932], where gravel was held not to be a
mineral for certain purposes, and Coleman v Ibstock Brick Ltd [2008], where clay was held not to be a mineral. Part III of the Schedule may be additionally incorporated if it is desired to permit the owner to work the mines under, or within, 40 yards, or other prescribed distance, of the land acquired:
(a) the owner or lessee desiring to work the mines must give 30 days’ notice to the authority; (b) the authority owning the surface of the land must then decide if the workings will dam-
age their interest and, if so, whether they are prepared to treat and pay compensation for such minerals that they consider should not be worked;
(c) if the authority is unwilling to purchase the minerals, the owner or lessee may work them subject to certain safeguards.
