41. Section 40 does not apply in respect of a right to take or remove minerals, forestry products, water or fishery products or to any right of entry or user relating thereto where the right is supplied(1) to a consumer of the minerals, forestry products, water or fishery products; or
(2) to a person who is not a registrant and who acquires the right in the course of a business of making supplies of the minerals, forestry products, water or fishery products to consumers.