MINES AND SURFACE RIGHTS

Dominion, Volume 12, Issue 246, 11 July 1919, Page 3

MINES AND SURFACE RIGHTS

0 BRITISH LAND ACQUISITION COMMITTEE'S SCHEME COMPULSION AND COMPENSATION Tho British Ministry of Keeonstruetion recently published a, report ot Mr. Leslie Scott's Land Acquisition Committee", dealing with many important problems relative to property rights m connection with mining questions. In a previous report the committee accented tho ponerol principle that where private rights in land conflicted with the public interest the former must at once give way, subject to reasonable provision for compensation. Tor this purpose they recommended the establishment of a suitable Parliamentary Sanctioning Authority, from whom compulsory power* for tlie extinction of any individual rHits in real property, winch could be shown to impede the development of the national resources, might ise obtained bv a cheap and expeditious procedure. 'Having pronossd, in a further repprl, comprehensive amendments in the existing system for assessing compensation for land compulsorily acquired in tne niiblic interest, the committee proceeded to eoivfMer the. application of their general principles to certain specific aspects of property rights, e.g., .mining rights, water rights, common rghts, and the Mines and Minerals. ■As regards mining rights, the committee (strengthened by additional members with special experience in mining questions) commence their present report bv enumerating the causes which, hi their view, have at times resulted in the permanent loss of minerals to the nation or led to undue delay in their development. These include not only cases whore the owner is unwilling to grant permission to work upon reasonable terms 'if at all), but also cases where difficulties arise from the operation of tho existing law in regard to copyholds and tenancies in common, or other ,<gol disabilities and uncertainties in regard to ownership. Special considerations aflecting the law of support or the provision of necessary barriers introduce further complications in the way of development. In other oases development, they say, may bo impeded bv unreasonable demands in respect of wayloaves above or below ground, or for surface rights (necessary to the efficient working of the mine, and provision for tho accommodation of workers or erection of plant), or by the operation of restrictive covenants. Finally, tbe conditions imposed in tho original lease or the original scheme for the "lay-oat of the mines may have been devised on lines unon which subsequent experience has proved that operations cannot bo conducted without a loss of mineral products, or the individual • undertaking may have 'been so inefficiently managed as 'to render serious loss inevitable.

Mining Department Suggested. In nil these cases the exorcise (if compulsory powers through Hie machinery of the" sanctioning authority rctommond•;l in the committee's first report. iw.uld, in their opinion, bo an appropriate and adequate remedy tor the evils complained of in regard to lutiividual property rights. But, inasmncii as the sanctioning authority iu question would have no executive, powers, and would in no sense bo a Government. Department, in itself, tho committee feel Hint for His full development of the nation's mineral resources tho creation of an efficient. Central Mining Department:, 'having initiative, advisory, and. executive powers, is a necessity. They are avi-rss to the constitution or a separate Ministry of Mines _on tho grounds that the undue multiplication of serai-ate Ministries is in itself undesirnblc and extravagant, and that it b preferable for any necessary compulsory powers to We .. exercised through the agency of a Parlkimontarv sanctioning authority; rathorthnn hy purely J'epartniental orders. They, therefore, recommend that the Mining Department should lie attached (under a special Under-Secretary) to Hie '-Homo Office (which already undertakes many important puhlic duties in regard to mining, and has tho nucleus of r,n appropriate machinery) or to any other Ministry to which the functions of the Home -Office in these matters may hereafter he transferred. Advisory Council. The Mining Department thus constituted'should, of course, lie equipped with the fullest, possible facilities for collecting any necessary information and'exercising adequate initiative for the full development of the. nation's mineral resources. But. in order to prevent its operations becoming unduly" (lepartmentaliscd, • tho committee consider that it should have at all times the assistance, of a. strong Advisory Council (including both commerciaf and Labour representatives with special experience) and local district committee.? reporting to Hie Advisory Council and similarly constituted. They further think that, while the ultimate decision on questions of importance must constitutionally rest with the Home Secretary as the responsible Parliamentary Minister, the Advisory Council and its Committees should, at all times, have full facilities for operating as part of the regular machinery of the Mining Denartmenl, Mid should have initiative powers of suggesting to the Home Secretary, from their outside knowledge, special difficulties in connection with the mining industry upon which it may be desirable that their advice or assistance should be sought by the Department. Compulsory Orders. Compulsory orders superseding , any existing private property rights in regard to mining operations might be granted by the sanctioning authority upon the application, either of any party who is willing to work the mine, or of the Mining Department itself. But before granting such an order, tho sanctioning authority would satisfy themselves that it is in the. national interest that the minerals should be worked, and that all reasonable efforts to obtain the necessary powers by negotiations have upen exhausted.

The sanctioning authority would, under their general procedure, exercise full discretion as regards the allocation of costs in regard to any application coming before them, and all applications for compulsory powers would, in the first instance, be referred to the Mining Department. It is hoped that by this means in many cases settlements might be effected by negotiations on the part of (ho Mining Department, with the aid of its Advisory Council and locnl committees, and that in all cases coming before liie sanctioning authority the lntter wouid have the aid of facts well considered upon competent expert advice, and an effective power of discouraging unreasonable applications or opposition. Partial Nationalisation. -In certain cases, however, the Mining Department must, in the committee's view, have the power, in the last resort, of applying to the sanctioning authority lor an order vesting tho minerals in question in the Department themselves or giving them power to work such minerals for such period or under such conditions as the sanctioning authority may from time to time j.-rescribe. Such a power seems to be essential to tho full development of the nations mineral resources in eases where a new mineral field is to bo opened up, and the proposed method of working appears to be contrary to the public interest, or where a mineral lesseo intends to discontinue the working of minerals which the Mining Department think ought to ho worked in the national interest.

Other similar cases may arise where tho productivity of a m'ininsr field is being seriously impaired by the initial lay-out being so ill-conceived, or tho mines so mismanaged from inefficiency, or some other reason, as (o prejudice the national _ interest, or where no owner with a title to tho minerals in question «m bo found. .In such cases, unless and until a mineral worker could he found ready and competent to work tho mines in question under suitable conditions to the satisfaction of tho sanctioning authority, the Mining Department would themselves, having obtained an appropriate order from tho sanctioning authority, iimlorlako tho responsibility for carrying on the working of tho

minerals in question, anil make any necessary financial arrangements (subject to Treasury and Parliamentary authorily in the ordinary course). ' Supporting the Surface. As regards questions affect inn the law of support, the committee are much impressed by the statement in the reports of Lord Haldane's Coal Conservation Committee that the amount of j.oal m the British Isles left unworked tor thin reason may be estimated at over M) million toils. The surface owner * rm.it to support is protected, not only »y m* right to obtain an injunction, on propt to damages, but by his ng it that substantial subsidence will M caused, even though tlio actual damat,e mav not necessarily be appreciable. Tlio committee are not prepared s.mply tb abrogate the right to an ir.junctfoii in favour of. a right to damage*. They think that tlio release of nnnei. s left for support should be secured by the proeeduro of an appropriate order 01 ihe sanctioning authority, .and Hiat an insurance fund should be created to co cr damage "to property which, hut for such order; would have enjoyed a. right « support. The fund m jiuestwii should be managed by the Mining Department arid guaranteed, by the State. Coal Left as Barriers. As regards coal left for barrier, lord Haldane's Coal Conservation Committee estimate the amount in question as ;>Pproximnting to 1000 million tons in Ine Umfef! Kingdom, and if only a small proportion of this could be worked (lie saving would be substantial. The committee recommend that the Mining Department should have power to are-iawo aclieme dealing with all the barriers iu a mining field, and that when such scheme has been advertised the sanctioning authority should have power to nuke an appropriate order, Including the erection of necessary pumping machinery by the Mining Department, if suitable, arrangements for the purpose of combined pumping cannot be effected by negotiation. Further, an (insurance fund to cover damage arising from the working of under an order of the sanctioning authority should be created and guaranteed by the State. But by reason of the different risks involved this fund should be administered by (he Mining Department as it separate fund and under different conditions from the insurance fund for damage due to withdrawal of minerals left for support. The committee recommend that compensation should' in suitable cases be payable where existing rights in connection with minerals are compulsorily acquired, but they defer for consideration in a further report' the question of valuation of minerals, whether fur purposes of acquisition or taxation.