(1)  If the holder of a mineral tenement needs to encroach on, or make use of, any adjoining land in order to exercise any rights under the mineral tenement, the holder may –

(a) apply for the appropriate mineral tenement, if a mineral tenement is not already in force in respect of that land; or

(b) apply to the Mining Tribunal for an order permitting the encroachment or use of that land, if a mineral tenement is in force in respect of that land.

(2)  The Mining Tribunal may make the order subject to any conditions.