38-17-03. Definitions.
152 words·~1 min read·
/nd/title-38/chapter-38-17-coal-leasing-practices-act/38-17-03·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this chapter, unless the context or subject matter otherwise requires:
1. "Advance royalty" means the offset contemplated which would allow payments for rent,
bonuses, and damages under the terms of the lease to be deducted from the amount
of the royalty due to the lessor when the mining operation actually begins.
2. "Mineral agreement" means the agreement between either the surface estate owner
and the mineral developer or between the mineral estate owner and the mineral
developer which gives the mineral developer the right to conduct mining operations.
The mineral agreement may consist of the mineral lease and any other document or
documents used to express the entire agreement between the parties.
3. "Mining operation" means any type of activity, the aim of which is to discover the
presence of coal, or to remove the coal so discovered from its original position on or in
the land by any means whatsoever.