In the foregoing provisions of this Act with respect to mines lying under or near a railway, unless the context otherwise requires:

• “Mine owner” includes the owner, lessee, or other person entitled to work and get minerals;

• “Seam” in relation to minerals includes bed, lode and vein;

• “Surface” in relation to land includes any buildings, works or things erected constructed, or growing thereon;

• “Royalty” includes rent and any other reservation in respect of minerals by the acre, ton or otherwise;

• “Royalty owner” includes any person entitled to receive a royalty in respect of minerals;

• “Deficiency due to short working” means the amount by which the royalties payable under a lease of the minerals worked fall short of the fixed or minimum rent;

• “Lease” includes an under-lease or other tenancy and a licence;

• “Lessee” includes an under-lessee and a licensee.

For the purposes of the said provisions, the depth of a seam at any point of the railway shall be taken to be the distance between the rail level and the point where a line drawn vertically through the centre of the railway would first cut the seam of minerals, except that for the purpose of ascertaining the area of protection, but not for any other purpose, the said distance shall, where the railway is carried through a tunnel, be measured from the point where the said line would cut the natural surface of the land instead of from the rail level.

Where in an arbitration under the said provisions there are more than two parties involved, then, unless all the parties otherwise agree, the arbitration shall be conducted by a single arbitrator appointed by the Board of Trade, and the provisions of this Act with respect to the settlement of disputes by arbitration shall apply as if all the parties had concurred in his appointment as a single arbitrator.