MINERALS (VESTING) 1
ca.. UI.
L . W
290f I960
THE MINERALS WESTING) ACT
[30rh August, 1947.1 z s $ ~ ~
1. Thii Act may be cited as the Minerals Westing) shorttitl~.
Act.
2. In this Act- Defirrit(0a
“Crown Land” includes all land vested in the Commissioner
of Lands under the Crown Property westing) Act;
‘h2nerals” does not include mineral oils, gypsum and
phosphates, and does not include material, such as
clay, sand, limestone, sandstone, or other stone,
commonly used for the purpose of road making or for
building or for the manufacture of any article used in
the construction of buildings where such material does
not contain any valuable metal or precious stone in
economically workable quantities, but includes the
following-
(a) metalliferous minerals cotaining aluminium,
antimony, arsenic, barium, bismuth, cadmium,
calcium, cerium, chromium, cobalt, colurn-
bium, copper, iron, lead, lithium, magnesium,
manganese, mercury, molybdenum, nickel,
potassium, sodium, tantalum, tin, titanium,
tungsten, vanadium, zinc, zirconium and all
other substances of a similar nature to any of
them, and all ores containing them and
combinations of any of them with each other
or with any other substance, excepting only
those that occur in the form of precious
minerals;
irrlusian of tnls page 1s aurhorized by L.N. 79/19%]
2 MINERALS (YESTING)
(b) combustible carbonaceous minerals, including-
(i) coal.
(ii) lignite, which includes brown coal and
any coal which the Minister may pre-
scribe to be lignite if advised by the
Commissioner of Mines that the esti-
mated average ash content is so high or
the estimated average thermal value is so
low that such cud may properly be
classed as lignite;
(c) other minerals, including those used for their abra-
sive or refractory qualities and abestos, barytes,
bauxite, china clay, fuller’s earth, graphite, high
purity limestone, other than that used in the con-
struction industry, Iaterite, marble, mica, nitrate,
pipeclay, pottery clay, potash. quartz crystals, salt,
slate, soda, sulphur, talc and all other substances
of a similar nature to any of them;
(4 precious minerals, including-
(i) precious stones and semi-precious stones
including amber, amethyst, beryl, cat’s
eye, chrysolite, garnet and all other
semi-precious stones whether of the
same kind as those enumerated or not;
(ii) precious metals;
(iiD all radio-active minerals;
“owner” means owner of an estate in fee simple in the land
in relation to which the expression is used;
“precious metals” means gold, silver, or metal of the
platinoid group, in unmanufactured state, and all
ores containing such metal, but not including ores
containing any such metal in combination with
another mineral where such metal cannot be worked
apart from such mineral and the value of such metal
is less than the cost of producing both the metal and
the mineral;
me inclusion of this page ia authorized by L.N. 79/19%1
25 I 1994
s. 11.
2913960 s. 2.
M I N E R A L S ( V E S T I N G )
“precious stones” means diamonds, emeralds, opals, rubies,
sapphires, turquoises, and such other stones as may be
prescribed to be precious stones for the purpose of this
Act;
“royalties” means royalties payable to the Government in
accordance with any law or regulations governing
mines and mining;
“to mine” with its grammatical variations and cognate
expressions means intentionally to search for, extract
or win minerals.
3
3. It is hereby declared that all minerals being in, on, A U ~ ~ ~ ~ P ~ ~
vested in or under any land or water, whether territorial waters,
river, or inland sea, are vested in and are subject to the
control of the Crown.
4. No person shall mine any minerals save in accordance control of
mining and
with the law and regulations governing mines and mining W P m t af
and there shall be paid to the Government such royalties myaLtia.
as may be thereby prescribed in respect of minerals mined.
S.-(a) Where minerals are won in, on, or under any ~ ~ t c ~ t t ~
&iCh rod- land or water, which is not Crown land, then there shall treSpayab,c
royalties as is in this section provided in respect of the
minerals M) won.
(b) The part of the royalties to be paid to the ownm
of the land or water shall be five per cent of the said
royalties or such other amount as may be prescribed either
generally or in respect to any particular mineral or mine.
(c) The said amount of the royalties payable to tbe
owner of the land or water shall be paid at such time and
subject to such conditions as may be prescribed:
Provided that where there is a tenant for life of such
land or water as aforesaid, then the amount of royalties
payable to the owner shall be paid into the Treasury to
to o m e n be paid to the owner of that land or water such part of the of land.
me inclusion of this p a p is authorized by LN. 480119731
4 MINERALS (VESTING)
the credit of the owner and shall be invested by the
Accountant-General in the Workers Savings and Loan Bank
without limit as to amount, and the income arising there-
from shall be paid to the tenant for life so long as he lives
and thereafter the capital sum so invested shall be paid to
the owner.
(d) If any doubt arises as to the person entitled as
owner of any land or water to receive the said amount of
the royalties the matter shall be determined by the Cornrnis-
sioner of Mines upon holding an enquiry in such manner
as may be prescribed, but the Commissioner of Mines may,
in his discretion, refer the matter to a Judge in Chambers
for determination and on any question of law arising shall
do so.
WI19Eo
s. 3 (U).
2911960
s ’3fc)
(e) The Commissioner of Mines shall, for the purpbse
of an enquiry under subsection (a, bave the powers of
a Resident Magistrate to summon witnesses, to call for the
production of books and documents and to examine wit-
nesses and parties concerned on oath.
V, Any person summoned to attend or to produce
books or documents under this section, and refusing or
neglecting to do so, or refusing to answer any question put
to him by or with the concurrence of the Commissioner of
Mines, shall be guilty of an offence against this Act and
liable on summary conviction before a Resident Magistrate
to a fine not exceeding forty dollars :
Provided that no person shall be bound to incriminate
himself, and every witness shall, in respect of any evidence
given by him at such enquiry, be entitled to the same
privileges to which he would be entitled if giving evidence
before a court of justice.
29l1960
s. 3 (C)
291 1960
s. 3 (c). @ Any witness attending at the request of or upon summons by the Commissioner of Mines holding such
enquiry shall, subject to any order made by such officer, be
P’he inclusion of this page is authorized by LN. 480/19731
MINERALS (VESTING)
entitled to like expenses as if summoned to attend the
Resident Magistrate’s Court.
to the person entitled as owner of any land or water to
receive royalties shall be final unless the Commissioner of
Mines refers the matter to a Judge in Chambers.
cedure in relation to matters referred to a Judge in
Chambers under this section.
owner of any land or water at any time after either-
(h) The decision of the Commissioner of Mines as z9/1960 s. 3 (C).
( i ) Rules of court may be made governing the pro- z9/1960
s. 3 (C).
(i, No part of any royalties shall be payable to the 2911960
S. 3 ( b )
(i) the fiftieth anniversary of the commence-
ment of this Act; or
(ii) the twenty-6fth anniversary of the day
upon which, after the commencement of
this Act, such minerals were first won in,
on, or under such land or water,
whichever first happens :
Provided that where mining operations are suspended
on the area of the mining lease, the period during which
such operations are so suspended shall not be taken into
account in determining such twenty-fifth anniversary.
of any precious metals or precious stones which are won
in, on, or under any land or water.
(k) No part of any royalties shall be payable in respect Bf 1960
S 3 (b).
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6. The Minister may make regulations generally for the Regulations.
better carrying into effect of the provisions of this Act.
[The inclusion of this page is authorized by L.N. 480/19731
