MlNlNG
THE MINING ACT
ARRANGEMENT OF SECTIONS
PART I. General
1. Short title.
2. Interpretation.
3. Unlawful mining and unlawful prospecting.
4. Act does not apply to oils.
5 . Appointment and duties of o h r s .
6. Delegation of powers.
I . Royalties.
8. Lands excluded from prospecting or mining.
9. Power to close areas to prospecting, etc.
10. Power to revoke prospecting rights, etc., in cases of fraud. etc.
11. Notice and security for compensation for damage.
12. Payment of compensation to owners or occupiers.
13. General deposits.
14. Land under mining lease, etc., required for public purposes.
PART 11. Prospecting
GENERAL
15. When prospecting lawful.
16. Prospecting for specitid minerals may be prohibitad.
17. Di~posal of minerals obtained in prospecting.
. Prospecfing Right
18. Grant of prospecting right.
19. Rights and obligations under a prospecting right
20. Revocation of a prospecting right.
Exclusive Prospecting Licence
21. Grant of exclusive prospecting licence.
22. Rights under a licence.
~indodmU?lhspurriaUUt&Xld . byL~N.%/1998]
1
2 MINING
23. Obligations under a licenec.
24. Record of prospecting operations.
25. Discovery of minerals to be notified.
26. Transfer of licence.
27. Surrender of limce
28. Revocation of licence.
29. Obligations of holder on termination of lianos.
Special Exchive Prospecting Licence
30. Grant of special exclusive prospecting licmce.
31. Rights, etc., under licence applicable to special licence.
PmT In. Mining
GENERAL
32. Whenmininglawfd.
33. Grant of a mining lease.
34. Duration of lease.
35. Rights under a mining lease.
36. Obligations under a mining lease.
37. Record of miniig operations
38. Discovery of minerals to be notifid.
39. Repealed by section 2 of Law 21 of 1959.
40. Transfer of a mining lease.
41. Surrender of lease.
42. Revocation of leas.
43. Treatment of tailings after termination of leasc.
M. Owner may remove plant, etc., on termination of lcasc or wata
45. Special mining base.
46. Special mining lease for bauxite or laterite.
47. Power of Minister to approve additions to a m of special mining
4 7 ~ . Mioister may presuibe minimum amount of m i n d ta be
ri&L
lease for bauxite or laterite.
C X h C t t d .
PART IV. [Deleted b y Act 36 of 1995, 3rd Sch.]
48. [Deleted b y Aci 36 of 1995, 3rd Sch.]
49. [Deleted b y Act 36 of 1995, 3rd Sch.]
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MINING
50. [Delded by Act 36 of 1995. 3rd Sch.]
51. [Delered by Act 36 of 1995, 3rd Sch.]
52. [Deleted by Acr 36 uf 1995. 3rd Sch.]
5 3 . [Delded by Act 36 of 1995. 3rd Sch.]
54. [Deleted by Acl 36 of 1995, 3rd Sch.]
55. [Deleted by Act 36 of 1995, 3rd Sch.]
56. [Deleted by Act 36 of 1995, 3rd Srh.]
57. [Delefed by Act 36 of 1995, 3rd Sch.]
PART V. Passagewuys
58. Interference with psssagcways
59. Acquisition of right of passageways.
60. Duration of right to passageways
61. Use of mining road.
PART VI. Inspeclions and Accidenrs
62. General inspections.
63. Power to remedy dangerous practice. etc.
64. Penalty on failure to comply with notice.
65. Proceedings in case of accident
PART' VII. Registration
66. Licences, etc., to be registered.
67. Transfer of interests in licences, etc., to be re&ered
68. Registration not to C W defect.
69. Searches of register.
70. Mining leases, etc. to be registerad or recorded.
PART VIII. Possession and Purchase of Minerals
71. Interpretation for this Part.
72. Possession of minerals
73. Sale and purchase of minerala
74. Mineral dealer's licence.
75. Obligations of licensed mineral dealer.
76. Permit for small quantity of minerals.
77. This Part not to apply to any Government department.
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4 MINING
PART IX. Mircellaneow
78. Survey.
79. Lateral limits.
SO. Overlapping areas.
81. Priority of application.
82. Rights subsequently granted.
83. Power to take clay. etc.
84. Restrictions on export of mherals.
85. Export of radio-active mineral nstncted.
86. Report of discovery of radio-active mineral.
87. Recovery of rents. etc.
88. No action against officer for acts done in execution of duties
89. Charges for enquiry by Government officcra
90. Fraudulent representation.
91. False or misleading information.
93. Placing mineral on premises with intent
94. Obstructing person in execution of duty.
95. Interference with mining or boundary marks, etc.
96. Search warrants.
97. Power of arrest.
98. General penalty.
99. Regulations.
100. Provisions applicable to phosphates.
101. Power of Minister to amend Schedule.
92. salting.
SCHEDULE
MINING
THE MINlNG ACT
113th October, 1947.1
PART I. General
1. This Act may be cited as the Mining Act.
2. In this Act-
“this Act” includes regulations made under this Act;
J
QP uf
IAwl
38 of 1957.
59 d19s3,
21 of 1959.
43 of 1%0.
A&
20 Of 1974.
30 of 1974.
29 of 1971,
33 of 1979.
16 d 1983
zod scb.
33 of 1991
s. 22,
36 of l995
3rd sch.
Shon title.
Intcrpnta-
[ion.
“alluvial” includes all forms of mineral deposits which do
not fall within the definition of lode, and for the
purposes of this Act bauxite and laterite deposits shall
be regarded as alluvial deposits;
“buy” includes exchange, barter, or giving or receiving as a
pledge or security and “sell” includes deposit as a pledge
or security;
1 /5O,OOO topographical map of Jamaica printed in sheets
identified under the hand of the Minister of Develop-
ment and deposited with the Commissioner of Mines
and at the Record Ofice on the 26th day of May, 1960;
“deposit” means any sum or any security therefor, deposited
with the Commissioner under section 13;
“holder” of an exclusive prospecting licence, mining lease
or water right includes any person in whom such
licence, lease or water right, or a part of the rights
thereunder, has become lawfully vested by transfer,
assignment or otherwise;
“lessee” of a mining lease includes all persons having a right
or interest in or under a mining lease, whether by trans-
fer, assignment or otherwise;
“co-ordinate squares” means co-ordinate squares on the 4313960 s 2.
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me inc lnhof Ihir mgc is ambnzed . byL.N.96119981
6 MIMING
“licence” means an exclusive prospecting licence granted
under section 21;
“lode” includes all true fissure veins, contact veins,
segregated veins, bedded veins, in metalliferous bankets,
stockivorks, such irregular deposits as conform generally
to the above classification, and beds of any mineral such
as beds of iron stone;
“to mark out” an area means to delimit such area in the
manner provided in this Act;
“Medical Officer” means any person appointed by the Chief
Medical ORicer to be a Medical Oficer for the purposes
of this Act;
‘‘mine’’ includes any place, excavation or working whereon,
wherein, or whereby, any operation in connection with
mining is carried on;
“to mine” with its grammatical variations and cognate
expressions means intentionally to search for, extract
o r win minerals, and includes any operations necessary
for the purpose;
“minerals” except for the purposes of Part VIII of this Act
has the same meaning as in the Minerals Westing) Act:
“mining lease” means a mining lease granted under section
33;
“mining rights” means rights under a mining lease;
“owner” in relation to land includes an occupier or a lessee:
“passageway” means any highway, road, street, footpath,
right of way, easernent or installation of any railway,
tramway, wireline, conveyor belt, cable way, chute,
pipe, sewer. drain, tunnel, shaft, fluming or water-
course;
“to prospect” with its grammatical variations and cognate
expressions means to search for minerals and includes
such working as is reasonably necessary to enable the
prospector to test the mineral-bearing qualities of the
land
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MlNlNG
“prospecting or mining rights” means rights under a
prospecting right, licence, or mining lease;
“radio-active mineral” means any substance specified in the 292ig58
Schedule; S c h d u l C .
“shaft” means any vcrtical or inclined tunnel other than a
s top or winze which is or might be used for winding,
travelling, draining, or ventilating purposes in connec-
tion with prospecting or mining operations;
“tailiigs” means all gravel, sand, slime, or other substance
which is the residue of bona fide mining operations;
“water-course” means any channel or duct whether natural
or artificial which confines, restricts or directs the flow
of water.
7
3. Any person who prospects or mines on any lands in
this Island otherwise than in accordance with the provisions unlawful
of this Act shall be guilty of unlawful prospecting or unlaw-
ful mining (as the case may be) and shall be liable on
summary conviction before a Resident Magistrate to a fine
not exceeding two thousand dollars or to imprisonment with
hard labour for a term not exceeding twelve months, and in
addition the court before which such person is convicted
shall order the forfeiture of all minerals obtained in the
course of such unlawful prospecting or mining, or if such
minerals cannot be forfeited, the payment of such sum as
the court may assess as the value of such minerals.
prospecling.
4. Nothing contained in this Act shall apply to, or confer t;e;z
any right to prospect or mine for any mineral oil.
5 . 4 1 ) The Governor-General may appoint a Commis- ks;:;
sioner of Mines (hereinafter referred to as “the Commis- dUtccSof
sioner”), a Deputy Commissioner of Mines, and such other
officers as may be necessary for the carrying into effect of the
provisions of this Act.
W~ineluslollof&dspngepess%adtiaizcdbyl.N. 9611998)
omcen
MINING
Delegation
of powers.
Royalties.
hId.9 CX-
Eluded from
prospecting
orrmning.
(2) The Chief Medical Officer may appoint an officer
in the Medical Department to be a Medical Officer for the
purposes of this Act.
(3) It shall be the duty of the Commissioner, in
addition to any other duties provided in this Act, to
exercise general supervision over all prospecting and mining
operations in this Island.
5. The Commissioner may delegate or assign to any officer
appointed under the provisions of subsection (1) of section 5
all or any of his powers, duties and jurisdiction subject to
such limitations as he may specify, but in so doing the
Commissioner shall not thereby divest himself of the right
to exercise concurrently all or any of the powers, duties and
jurisdiction conferred upon him by this Act.
7. All minerals obtained in the course of prospecting or
mining operations shall be liable to such royalties as may
be prescribed, and no minerals shall be exported except
after payment or securing of royalty under such conditions
as may be prescribed :
Provided that the Commissioner may, by permit under
his hand, exempt from liability to royalties small
quantities of minerals intended for use, o r exported, as
commercial samples or scientific specimens, or for the
purpose of experiment or assay.
8.-(1) Save where otherwise provided by this Act no
prospecting or mining rights shall authorize prospecting
or mining on any of the following-
(U) land dedicated or set apart for any public purpose
(other than mining), or for a burial ground or
within one hundred yards of such places, except
with the consent of the Commissioner;
(h ) any area situated within any town or village except
with the consent of the Commissioner;
._
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MlNING
(c) land reserved for the purpose of any railway or
situated within one hundred yards of any railway
other than a railway constructed on the area of
the mining lease by the mining lessee, except with
the consent of the Commissioner;
(cl) any area which is the site of or is within one
hundred yards of any building, works, reservoir
or dam owned or occupied by the Government or
by a public authority, except with the consent of
the Commissioner;
(e) any street, road or highway or any land within
fifty yards of the centre line of any street, road or
highway, other than one constructed on the area
of the mining lease by the mining lessee, except
with the consent of the Commissioner;
(f, land within one hundred yards of any building,
except with the consent of the occupier:
Provided that where such consent is withheld,
the Commissioner may allow prospecting or
mining on such land on such conditions as he may
think fit;
(g) any area closed to prospecting or mining under
the provisions of section 9;
(h) any area over which rights under a licence or a
mining lease have been previously granted under
the provisions of this Act until fourteen days have
elapsed from the date of the Guzetre in which
notice is given of the termination of such rights
or in respect of which permission to mine has been
given under the provisions of section 32 and is still
IawfuUy subsisting, except by the holder of such
licence, mining lease or permit;
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9
10 MINING
..
( i ) any area over which a right of passageway is vested
in the holder of a mining lease, except with the
consent of such holder.
(2) Where under subsection (1) the Commissioner is
(U) if a public authority is directly affected by the
giving of consent, the Commissioner shall not give
such consent without prior consultation with such
public authority;
(b) where consent is given the Commissioner may
impose such conditions as he may think fit.
empowered to authorize prospecting or mining, then-
(3) In this section-
“burial ground” means any place-
(a) vested in the Kingston and St. Andrew Corpora-
tion or a Parish Council for the purposes of a place
of burial;
(b) authorized under any law to be a place of burial;
(c) attached to any place of worship and used as a
place of burial;
(4 habitually used as a place of burial by the members
of any sect or congregation;
“town or Village” means a town or village as defined under
the Parish Councils Act for spirit licence purposes or
for all purposes.
Powa to 9. The Minister may, by notice in the Gazette, declare any
toprospNt- area, other than an area over which rights under a licence
43/1%0 ’ng,etc. or mining lease have been previously granted and are sub-
5 4 ~ . sisting, to be closed to prospecting and mining either
generally or by such persons, or for such periods, or for
such minerals, as may be specified in such notice, and may
re-open such area or any part thereof by further notice on
any term and conditions as to prospecting or mining and
to such persons as he may think fit.
doswe arcas
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MINING 11
10. Where any prospecting right, licence or mining lease Powerto
has been granted in pursuance of the provisions of this Act pscting
and subsequently the Minister, or in the case of a prospecting $':;:?
right, the Commissioner, is satisfied that such grant has been :;a;$$
obtained as a result of any misleading, false or fraudulent s.4(1).
representation, or in consequence of any incorrect informa-
tion (whether such information be supplied wilfully or
otherwise), the Minister or the Commissioner (as the case
may be) may call upon the holder of such right, licence or
lease to show cause within a specified time why such right,
licence or lease should not be revoked; and if he fails to
comply with such order within the time specified or if the
cause shown be inadequate in the opinion of the Minister
or the Commissioner (as the case may be), such right, licence
or lease may thereupon be revoked by the Minister or the
Commissioner (as the case may be) and notice of such fact
shall be published in the Gazette and a copy of such notice
shall be sent to the holder at his last known address.
revoke pros-
11. Any holder of prospecting or mining rights intending Notiannd
secwily for to prospect or mine on any lands shall give notice of his cornpum-
damage. intention to the owner and the occupier of such land before tion for commencing operations thereon, and shall, if so required by
the owner, occupier, or the Commissioner, lodge with the
Commissioner such sum, or give security therefor, as the
Commissioner may direct for the payment of any compensa-
tion which may be payable under section 12, and such sum,
or the balance thereof (if any), may be refunded or released
in accordance with the provisions of subsections (3), (4) and
(5 ) of section 13.
12.-(1) The holder of prospecting or mining rights shall, paymentof
on demand being made by the owner or occupier of the mmpmaa- .
land upon or under which prospecting or mining operations ZZ;~;,
are being or have been carried on by him, pay such o m r or
occupier fair and reasonable compensation for any distur-
bance of his surface rights and for any damage done to the
oon to
mhe inclusion of tbi page i s authorized by L.N. 68/1978]
12
2911977
S. 2Ca).
2911977
S. Xb).
43/1%0
s. 4 (1).
MINl"
surface of the land or to any live or dead stock, crops, trees,
buildings or works, as a result of such operations.
(2) The amount of compensation payable under
subsection ( 1 ) shall be determined by agreement between the
parties or, if the parties are unable to reach agreement,
any of them may take proceedings in the Resident
Magistrate's Court without limit of amount.
(2A) If the compensation determined by agreement
in accordance with subsection (2) is not paid, the owner
or occupier may take proceedings in the Resident
Magistrate's Court for an order for payment without limit
of amount.
(3) The sum awarded by the Resident Magistrate,
or when there has been an appeal, by the Court of Appeal,
as the case may be, shall be paid by such holder to the person
entitled thereto, within fourteen days of the date of the
decision.
(4) Without prejudice to any other means of
recovery, if the sum awarded is not paid within the time
specified in subsection (3) such sum may, on application to
the Commissioner, be paid out of the amount lodged under
section 11.
(5 ) The Commissioner may, by notice to the holder
of prospecting or mining rights who has failed to pay the
sum awarded, suspend his mining or prospecting rights
until the sum awarded has been paid and until such holder
has lodged with the Commissioner such further sbm as the
Commissioner may demand as security for any future com-
pensation payable and if such payment and lodgment is not
made within such time as the Minister, or in the case of a
prospecting right, the Commissioner, may consider reason-
able the Minister or the Commissioner (as the case may be)
may revoke the prospecting or mining rights of the holder in
default.
W e inclusion of this page 1s authorized by LN. 68/1978]
MINING 13
(6) Where it is not practicable after reasonable 2911977 s. 2(d. enquiry to ascertain the name or address of the owner or
occupier of any land upon or under which the holder of
prospecting or mining rights is carrying on or has carried
on prospecting or mining operations, that holder shall apply
to the Resident Magistrate's Court for determination of
the amount of compensation payable to that owner or
occupier without limit of amount.
obligations imposed by th is Act any person may be required
by the Commissioner, either on application or when holding
prospecting or mining rights, or a water right, to deposit
(in addition to any s u m lodged under section 11 or 12) with
the Commissioner such sums, or security for like amounts in
lieu thereof, as may be prescribed and on failure of such
person to make such deposit within the time specified by
the Commissioner the application may be refused or the
prospecting or mining rights or the water right revoked by 43,,960
the Minister, or in the case of a prospecting right, by the S.4(1).
Commissioner.
(2) The Commissioner may in any case where the
depositor has failed after due notice to meet any obligation
imposed upon him by this Act, take such steps as he may
consider fit to fulfil the obligation and may expend from any
deposit such sum as he may consider reasonable to defray
any expense incurred by him in so doing; and where any
deposit or portion thereof is so expended, the Commissioner
may require the depositor to make good such deposit or
portion and failure to do so may render any prospecting
or mining rights or any water right in respect of which any 43/1960
s4 (I). deposit was made liable to revocation by the Minister or
the Commissioner (as the case may be).
(3) Where upon the termination of all interests in
any prospecting or mining rights, or water right in respect
of which a deposit has been made, the original right, licence,
13.41) As a guarantee for the due performance of the ~ m ~ i
dcposita.
m e inclusion of th is page ir authorized by L.N. 68/1!?78]
14 MINING
mining lease or water right is produced to the Commissioner
and the termination of such interests is duly recorded, then
the person by whom such deposit was made may make
written application to the Commissioner for the refund or
release of such deposit or balance thereof and, upon produc-
tion of satisfactory evidence by the applicant, the Commis-
sioner may authorize such refund or release to be made:
Provided that in the absence of such satisfactory evidence
the Commissioner may withhold such refund or release
until such time as he may think fit:
Provided also that such refund or release is made without
prejudice to any claim or proceeding existing or which may
arise through the breach by the holder of any prospecting
or mining rights or water right, or by his servants, of any
of the provisions of this Act.
(4) Where the interest of a depositor in any prospect-
ing or mining rights or water right is terminated by transfer,
no refund or release shall be made until the transferee has
lodged a like deposit or such sum as the Commissioner may
demand.
(5 ) Sums deposited under this section may be other-
wise dealt with in such manner as may be prescribed.
Landudcr
forpbqlc
5%; s 4(?)
14.-(1) Whenever any land being the whole or part of
the area of a mining lease is required by the Government
for any public purpose the Commissioner shall give notice
to that effect to the holder of such lease, and such holder
shall remove therefrom before a date to be specified in such
notice any works, buildings, plant or other of his property,
and such mining lease shall in respect of the land required be
determined as from such date.
(2) In any such case where the holder of a mining
lease has received any notice under subsection (1) he shall
be entitled to receive out of the ConsoIidated Fund wm-
pensation for any disturbance of passageways, works, build-
mlning lease,
F c inclusion of thrs page is authonzed by L N 68/19781
MiNlNG 15
ings, plant or other property belonging to him, but not for
disturbance of his mining rights; and compensation payable
to such holda under this section shall, if not agreed upon
between the parties, be determined by a Judge in Chambers
in accordance with rules of court to be made for such
purpose.
(3) Whenever any land temporarily occupied by
the holder of a prospecting right or occupied under an
exclusive prospecting licence or water right is required by 4311960 s. 4 (2). the Government for any public purpose, the Commissioner
shall give notice to that effect to the holder of the right or
licence and such holder shall, not later than thirty days from
the date of notice or withim such further period as the Com-
missioner may allow, remok.; from the land so occupied
any works, buildings, plant or other property belonging to
him, temporarily erected or placed thereon and shall cease
to occupy such land; and such holder shall not be entitled
to any compensation for any such disturbance.
(4) A notice given under this section by the Com-
missioner that land is required for a public purpose shall be
ConcIusive evidence of that fact.
PART 11. PrOSpeCfhg
GENBRAL
15. It shall not be lawful for any person to prospect except wham.
in pursuance of and in accordance with the terms and k;tf
conditions of a prospecting right or exclusive prospecting
licence.
16. The Minister may by notice in the Gazette prohibit mspect.
prospecting for any specified mineraI, and in such a case the specificed
holder of a prospecting right or exclusive prospecting licence pro-
shall not prospect for such speci6ed mineral unless otherwise f$;&
s 4 (1).
iag for
expressly provided in such right or licence.
17.41) Minerals obtained in the course of prospecting Disposdot
of the Crown and shall not be removed from the land or prospectinp.
mineral, under a prospecting right or licence shall be the property obtained in
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16 MINING
disposed of by the holder of the right or licence or by any
other person except with the consent of the Commissioner.
(2) The Commissioner may authorize the removal
of minerals from the land from which they have been
obtained subject to such conditions, if any, as he may
impose.
(3) If the holder of a prospecting right or a licence
desires to retain or dispose of any minerals obtained in the
course of prospecting he shall make an application in
writing to the Commissioner stating the kind and quantity
of minerals in respect of which the application is made and
the situation of the land from which the mineral was
obtained, and if the Commissioner is satisfied that the
applicant has been conducting only such work as is
reasonably necessary to enable him to test the mineral-
bearing qualities of the land, he may authorize the applicant
to retain or dispose of the minerals in respect of which
application is made on payment of the prescribed royalties.
Prospecting Right
Grant of 18.-(1) Subject to subsection ( 1 ~ ) the Commissioner
may, in his absolute discretion on application in the pre-
8 9 5 8 scribed form and upon the payment of the prescribed fee,
33/1wi grant to any individual a prospecting right in the prescribed
form:
prospecting
s. 3.
s. 22.
Provided that a prospecting right shall not be grankd-
(a) to any individual who is under eighteen years of
(b) to any individual who is unable to prove to the
satisfaction of the Commissioner that he can
understand this Act to such an extent as to enable
him to carry out the obligations imposed by or
under it;
(c) to any individual to whom there has previously
been issued either in his own name or as agent
for any person a prospecting right which has not
age;
IThe inclusion of thin page is authorized ‘by L.N. W/1993]
MINING 17
been surrendered or cancelled and which is in all
other respects still valid;
(d ) except with the consent of the Minister, to any ~ / 1 9 6 o
s 4 (1). individual who or whose present employer has been
convicted of an offence under this Act, or who or
whose present employer has previously held any
prospecting or mining right which has been revoked
by reason of a breach of the terms or conditions
thereof;
(e) to any person other than an individual.
respect of mining in the exclusive economic zone shall be
subject to the provisions of the Exclusive Economic Zone
Act or any order made under section 11 of that Act.
(2) A prospecting right may be granted to an indivi-
dual as agent for a person:
Provided that in any such case there shall be forwarded
with the application an undertaking by such person to be
responsible for the acts and omissions of the individual (who
shall also be responsible for his own acts and omissions)
and where the individual is in the employ of such person,
such right shall, unless such person otherwise requests, forth-
with terminate on the holder leaving the service of such
person.
(3) A prospecting right shall not be transferable and
shall, unless terminated, remain in force for a period of one
year from the date of issue, but may be mewed for further
periods not exceeding one year each.
(4) The Commissioner may, by endorsement on the
prospecting right, restrict prospecting under it to any
specified area or to any specified minerals.
(5) A prospecting right shall be produced-
( 1 ~ ) Any licence granted under subsection (1) in 33/1991
S. 22.
3311991 s. 22. (a) whenever demanded by the owner or occupier of
land on which the holder is prospecting, or by a
constable; or
(b) whenever demanded by the Commissioner or by a
Marine Officer under the ExcIusive Economic
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R I L - 35
Zone Act when the holder thereof is prospecting
in the exclusive economic zone.
19.41) Subject to the provisions of this Act and of the R' b u d
08~liOnr under prospecting right, the holder of a prospecting right may-
4311960
S.4Ilh
(a) enter upon and prospect on any land or water for
any minerals, except minerals for which prospecting
is prohibited unless the Commissioner, with the
approval of the Minister, has issued authority
therefor by endorsement on the prospecting right;
(b) whilst engaged in bum f d e prospecting on any
uncultivated land (without charge, in the case of
Crown land, and on payment or tender of a
reasonable sum to the owner or occupier in the
case of land other than Crown land)--
(i) erect at such place as the owner or occupier
may select a temporary camp and such
temporary structures as may be necessary
and enter into temporary occupation thereof;
(ii) take fuel, other than standing timber, for
his domestic use at such place;
(iii) graze such animals as may be necessary for
the carrying on of prospecting;
( E ) take for his domestic use so much public water as
may be necessary;
(d dig holes and trenches :
Provided ail such excavations shall be fenced
or secured, and on the prospector leaving the
neighbourhood, filled in such a manner as to
prevent persons or stock inadvertently entering
therein, and if any holder of a Prospecting right
contravenes the provisions of this paragraph the
Commissioner may cause such excavations to be
filIed in or may take other protective measures, and
shalI charge such holder such sum as was reason-
ably expended in so doing, and such charge shall
be a lawful deduction from the deposit made by
such holder; and such action by the Commissioner
EJIC iudusicn of this page is authorized by L.N. 90/1993]
MINING 19
and the payment of such charge by the holder shall
not exempt such hoider from liability under this
or any other enactment for such contravention;
(e) [Deleted by Act 36 of 1995, 3rd Sch.]
(f) mark out and apply for an exclusive prospecting
licence or a mining lease.
(2) The holder of a prospecting right shall keep
full and accurate records of his prospecting operations and
shall render to the Commissioner such returns as may be
prescribed, and on failure so to do the Commissioner may,
without prejudice to any other penalty for which the holder
may be liable, refuse to accept any application by such
holder for an exclusive prospecting licence or mining lease.
20. In the case of any contravention of the provisions ~ ~ ~ ~ t i ~ ~
of this Act or of the prospecting right by the holder of a &&,f08.
prospecting right the Commissioner may call upon the nlhL
holder of such right to show cause within a time specified
why his right should not be revoked; and should he fail to
comply with such order within the time specified or should
the cause shown be inadequate in the opinion of the Com-
missioner, the Commissioner may, by notice in the Gazette
(a copy of which notice shall be forwarded to the last known
address of the holder), summarily revoke such right and
thereupon all privileges and rights conferred thereby or
enjoyed thereunder shall as from the date specified in the
notice of such revocation cease :
Provided always that such revocation shall not in any
way affect the liability of any person in respect of the breach
of any provision of this Act committed by him before such
revocation.
P’lIObhdOnOf mh p@ h m by LJN. %/ 19981
-
20 MINING
Exchsive Prospecting Licence
21.41) The Minister may, on application in the pre-
scribed form and on payment of the prescribed fee, grant an
exclusive prospecting licence in the prescribed form to any
person who himself holds a prospecting right or to any
person whose agent is the holder of a prospecting right :
Provided that the Minister may in special circumstances
grant an exclusive prospecting licence to any person.
(2) The Minister may require an applicant for a
licence to satisfy him that he possesses or commands
sufficient working capital to ensure the proper prospecting
of the area in respect of which the application is made and
for the payment of any compensation which may be pay-
able to the owners or occupiers of the land in respect of
which the licence is required.
(3) A licence shall not be granted in respect of any
area of land exceeding eight square miles or in respect of
any part of the exclusive economic zone exceeding twenty-
four thousand square miies.
(4) A licence shall be granted for a specified mineral
Provided that when the applicant or the holder has dis-
covered other minerals on the area applied for, or the
subject of the licence, the Minister may in his discretion
include by endorsement on the licence such other minerals
in the licence.
(5) Subject to the provisions of subsection (2) of
section 22, a licence shall be valid for one year from the
date of issue, but may be renewed for such period or periods
not exceeding one year each and on such conditions as the
Minister may decide.
(6) The Minister may grant or withhold the grant of
a licence as he may think proper, or may grant it subject to
such conditions as he may think fit.
Grmt of
4 3 , 1 ~ o
S. ('1.
crclusivc
liceria.
s. 33''991 22.
only :
43/1960
s.4(1).
4311960
s. 4 (1).
43/1960
4(1'.
m- OfW psseia a W p d by L.N. 961195%
MINING 21
(7) Any area in respect of which a licence is granted
shall specifically exclude an area within its boundaries over
which a licence or a mining lease for the same mineral is in ks4.1957
existence at the date of the grant of such licence.
22.-(1) Subject to the provisions of this Act and of the Ri@tsunder
a hcence. licence, the holder of a licence shall have the sole right of
prospecting for the mineral or minerals specified in the
licence upon the lands within the area of his licence, and
for such purpose may-
(a) enter upon the lands within such area with his
agents and workmen and thereon sink shafts ar
wells and exercise all or any of the rights con-
ferred upon the holder of a prospecting right;
(b) employ in prospecting on such land any number
of persons who for the purpose shall not be
required to hold prospecting rights; and
(c) on and over unoccupied land within the area of
his licence erect and maintain such machinery and
plant and construct such passageways as may be
necessary for or in connection with his prospecting
operations.
(2) The holder of a licence who has fulfilled all the
conditions attached thereto may, subject to the provisions
of this Act, apply for renewal of such licence, mark out and
apply for the grant of a mining lease, over the whole or any
part of the area the subject of the licence, or mark out a
reduced area and may apply for renewal of his licence over
such reduced area only :
Provided that no licensee shall hold, by a licence in respect
of a reduced area or by renewal of his former licence, a
licence over any ground where alluvial deposits are being
explored for a period of more than three years in all, or
where lode deposits are being explored, for a period of more
Phe indusion of this page is authorized by L.N. 480/19731
22 MINING
4311960 s. 4 (1). than six years in all unless the Minister is satisfied that pro- specting operations have been stopped or seriously hindered
by special circumstances beyond the control of the licensee,
in which event he may grant a renewal for an additional
year.
Obliatiolu
undera licence.
23.41) The holder of a licence shall during the currency
of the licence adequately carry on to the satisfaction of the
Commissioner born fide prospecting operations on the lands
included in the area in respect of which the licence has been
granted :
Provided that the Minister may on the written application
of the holder suspend the obligation imposed by this sub-
section in respect of any licence for such time as the Minister
may think fit.
(2) The holder of a licence shall, during the currency
of the licence, keep all excavations whether made prior to
the grant of the licence or during the currency of the licence,
secured to the satisfaction of the Commissioner in such a
manner as to prevent persons or stock inadvertently entering
them.
(3) The holder of a licence, if not personally residing
on the land the subject of the licence or in the opinion of the
Commissioner not residing sufEciently near to give contin-
uous supervision to prospecting operations being conducted
on such land, shall at all times have so residing a responsible
agent in charge of such operations and shall forthwith
notify the Commissioner of every appointment of such an
agent and of any change in such appointment.
Recordof 24. The holder of a licence shall keep to the satisfaction
prospecting
operatiollk of the Commissioner on the area of his licence, or at such
place in the Island as the Commissioner may approve, full
and accurate records and plans of his prospecting opera-
tions, and shall render to the Commissioner such returns
43/1960
s.4(3).
lrhe inclusion of this page is authorized by L.N. 480/1973]
MINING
as may be prescribed; and on failure so to do the Commis-
sioner may, without prejudice to any other penalty for which
the holder may be liable, refuse to accept any application by
such holder for a mining lease.
23
25. The holder of a licence shall forthwith notify the Discoveryof
minerals to
39/1958
s. 4.
Commissioner of the discovery of any mineral other than knotifid.
that for which the licence was granted.
26. The holder of a licence, or of any interest therein Transferof
liance. registered under Part W, shall not transfer his licence or
interest or any part or share thereof or create any interest
whatsoever therein without first obtaining the consent in
writing of the Minister; and any such purported transfer or i : i$! ,O
creation of any such interest without such prior consent shall
have no effect.
27. A licence may with the consent of the Minister and on Surrenderof
liance. payment of the prescribed fee be surrendered at any time, 43/1%0
s 4 (I). and such surrender shall be in the prescribed form :
Provided that such surrender shall not affect any liability
incurred by the licensee before such surrender takes effect.
28. In the case of any contravention of the provisions of Revocation
of licence this Act or of the licence by the holder of a licence or by 43/1%0
any attorney, agent or employee of such holder, the Minister S. (I).
may call upon the holder of the licence to show cause within
a time specified why his licence should not be revoked; and
should he fail to comply with such order within the time
specified, or should the cause shown be inadequate in the
opinion of the Minister, the Minister may by notice in the
Guzette (a copy of which notice shall be forwarded to the
last known address of the holder) summarily revoke such
licence and thereupon all privileges and rights conferred
thereby or enjoyed thereunder shall as from the date specified
IThe inclusion of this page is authorisd by LN. 480(1973]
24 MINING
in the notice of such revocation cease and the deposit may
be declared forfeited to the Crown by the Minister :
Provided always that such revocation shall not in any
way affect the liability of any person in respect of the breach
of any provision of this Act committed by him before such
revocation,
Obligations 29.-(1) Every person who was the holder of a licence
termination which has terminated, shall, not later than thirty days from
Of ~ c e n f f i ~ the date of such termination-
3811957 (a) fill in all excavations made in virtue of the licence or
otherwise secure them in a permanent manner so as
to prevent persons or stock inadvertently entering
therein, and
(b) remove all beacons marking out the boundaries of
the area the subject of the licence; and
(c) furnish a certificate to the Commissioner that he
has complied with the provisions of this section as
to the securing of excavations and the removal of
beacons :
Provided that no such person shall be liable for securing
any excavations made on the area the subject of his licence
by other persons prior to the grant of the licence if on
application for the licence he has shown the position of
these excavations in relation to the boundaries of the area
applied for on the plans submitted with his application or
if he submits a plan showing the position of such excavations
in relation to the boundaries of the area the subject of the
licence within a period of one month from the date of grant
of such licence.
(2) If any person contravenes the provisions of
subsection (1) the Commissioner may cause such excavations
to be filled in or may take other protective measures and shall
charge such person such sum as was reasonably expended
of holder on
S. 3 (a).
38/1957 s. 3 @).
LThe indusion of this page is aathorizcd by LN. 4&0/ 19731
MINING
in so doing, and such charge shall be a lawful deduction from
any deposit made by such person :
Provided that such action by the Commissioner and the
payment of such charge by such person shall not exempt
such person from liability under this or any other enactment
for such contravention.
(3) Where a licence is renewed in respect of a
reduced area only, the provisions of subsections (I) and (2)
shall apply to the area not included in any such renewal.
25
Spm'aI Exclusive Prospecting Licence
30.-(1) The Minister may, in his discretion' arid on pay- Grant of
ment of the prescribed fee and notwithstanding anything in cxduaivc
this Act, grant a special exclusive prospecting licence over r z g
any area and for such period and upon such terms and con- ;?il$p
ditions as he may thii fit.
(2) Application for a special exclusive prospecting
licence shall be made in the form prescribed for an exclusivc
prospecting licence.
and all the obligations and duties imposed on, and all the gdz
provisions of this Act applicable to, the holder of an exclu- 2;';:
sive prospecting licence shall also be conferred on, imposed h n = .
on, and applicable to, the holder of a special exclusive pros-
pecting licence except where there is a specific variance there-
with by reason of any special terms and conditions imposed 4 3 1 ~ 0 s. 4 (I). by the Minister.
SPCCial
31. All the rights, powers and privileges conferred on, m%t(f.,
PART III. iMining
GENERAL
32. It shall not be lawful for any person to mine except
in pursuance of and in accordance with the terms and *lad.
conditions of a mining lease :
Provided that where application has been made 'for a 43/1%0 s. 4 (1). mining lease and pending the grant of such lease the Minister
may grant pxmission in th.2 prescribed form ta t k qi l ican t
__
me inclusion of this oag: is ai,tlmrired by 'LN. 90/1993]
26 MINING
to mine on the area applied for on such conditions and
subject to such restrictions as the Minister may think fit,
and such permission may at any time be withdrawn by the
Minister.
3 3 4 1 ) The Minister may in his discretion grant a mining
lease subject to such covenants and conditions (which may
include the payment of any financial consideration) as he
may think fit to any person who himself holds a prospecting
right or a licence, or to any person whose agent is the holder
of a prospecting right:
Provided that where the applicant is the holder of a licence
the area of the lease applied for shall be wholly within the
boundaries of that licence.
(2) Application for a mining lease shall be made in
the prexribed form and manner and shall be subject to the
prescribed conditions.
Grantofa
S4(1).
43/1%0 s 4 (1).
33/199J s. P
43/1%0 s 4 (I).
(3) The Minister may require an applicant for a
mining lease to satisfy him that he possesses or commands
suflicient working capital to ensure the proper development
and carrying on of mining operations on the area applied
for, and for the payment of any compensation which may
be payable to the owners or occupiers of the land or to the
Commissioner in respect of that part of the exclusive
economic zone, in respect of which the lease is required,
and may require any reports on the area made by
prospectors or engineers to be submitted for his information;
and in the event of the applicant failing SO to satisfy &he
Minister, the Minister may refuse the application but the
applicant may make a new application at any time.
(4) A mining lease shall be granted for a specified
mineral only :
F’rovided that the Minister may in his discretion include
by endorsement on the lease other minerals.
(5) Mining leases shall be of such kinds or classes
and shall be subject to such terms or conditions and in
[Tbe hcluSion of this page ia authohd tq L.N. 90/19!Xi]
MINING 27
respect of such areas or boundaries as may be prescribed,
and special provisions may be prescribed in relation to the
persons to whom mining leases may be granted for specified
minerals.
%.-(I) A mining lease may be granted for such term, Duritionof
1Co.e. not being more than twenty-five years, as the Minister may 4311960
s. 4 (1). think f i t :
Provided that when permission to mine on the area is
granted under section 32 pending the grant of the lease,
such term shall commence from the date of such permission
being given.
(2) If at the expiration of the term originally granted
by a mining lense or of any renewal thereof the less= is
carrying on work in a normal and businesslike manner, and
the lease is not at that time liable to be revoked under any
of the provisions of this Act, and the lessee applies to the
Minister in the prescribed manner for a renewal of his lease, 43/1960 s. 4 (1). then the lessee shall be entitled on payment of the prescribed
fee to obtain a renewal of the lease for a further term not
exceeding twenty-five years upon the conditions which are
then generally applicable to new mining leases; but shall not
have the right to any subsequent further renewal of the
lease.
35.-(1) In so far is it may be necessary for or in con-
r-
visions of this Act, a mining lessee shall have, on the lands s , p . 33/1991
nection with his mining operations and subject to the pro- h o .
included in his lease, the following rights-
(a) the right to enter upon the lands the subject of the
i i d u k m of tlh pgc ia nattmieod b f L w z ]
- ._
28 MINING
lease, the exclusive right to prospect or mine on
such lands and the right to remove and dispose of
the mineral specified in the lease on payment of
the prescribed royalty;
(h) the right to make all necessary excavations thereon
and to stack or dump any of the products of
mining thereon;
(c) the right to erect, construct and maintain houses
and buildings for his use and for the use of his
agents and servants;
( d ) the right to erect, construct and maintain such
engines, machinery, buildings, workshops and other
erections as may be necessary or convenient;
(e) [Deleted by Act 36 of 1995, 3rd Sch.]
(# [Deleted by Act 36 of 1995, 3rd Sch.]
(g) the right to construct and maintain all such
passageways as may be necessary;
(h) the right, subject to the directions of the Conserva-
tor of Forests, which directions shall be obtained
before the exercise of any right under this para-
graph, to cut, take and use any tree.
(2 ) Subject to the provisions of this Act, a mining
lessee shall have, in the exclusive economic zone and included
in his lease, the right to construct any artificial island,
installation or structure and the right to operate, maintain
and use such artificial island, installation or structure.
331,1991 s. 22.
Obligations %.--(I) The holder of a mining lease shall, within a
period of six months from the date of the lease, commenoc
and thereafter during the currency of the lease adequately
carry on to the satisfaction of the Commissioner bona f d e
mining operations on the land included in the lease :
lea,r
~iadudoauPtXsp&siaaathionzed ' byL.N.96119981
MINING 29
Provided that the Minister may on the written appkation 43;1%0 s. 4 ( I ) .
of the holder suspend the obligation imposed by this sub-
section for such time as the Minister may think fit.
(2) The holder of a mining lease shall during the
currency of the lease keep all excavations whether made
prior to the grant of the lease or during the currency of the
lease secured to the satisfaction of the Commissioner in
such manner as to prevent persons or stock inadvertently
entering them.
(3) The holder of a mining lease, if not personally
residing on the land the subject of the lease or in the opinion
of the Commissioner not residing sufficiently near to give
continuous supervision to mining operations being conducted
on such land, shall at all times have so residing a responsible
agent in charge of such operations, and shall forthwith
notify the Commissioner of every appointment of such an
agent and of any change m such appointment.
(4) The holder of a mining lease shall take all due
and proper precautions for the safety of all persons employed
by him in mining operations.
(5) The Commissioner may require that the holder
of a mining lease shall employ a person who possesses either
adequate mining experience or qualifications in mining and
that such person shall personally supervise the mining
operations under the lease.
37. The holder of a mining lease shall keep to the satisfac-
tion of the Commissioner on the land included in his lease, :;:;on,
or at such place in the Island as the Commissioner may
approve, full and accurate records and plans of his mining
operations and of the calculated ore reserves, and shall
render to the Commissioner such returns as may be
prescribed.
me idusion of this psge i s aMhorizcd by L.N. 57/1980]
30 MINING
38. The holder of a mining lease shall forthwith notify
the Commissioner of the discovery of any mineral other
than that for which the lease was granted.
39. [Repealed by section 2 of Law 21 of 19591*.
40. The holder of a mining lease, or of any interest therein
registered under Part VII, shall not transfer his lease or
interest or any part or share thereof or create any interest
whatsoever therein without first obtaining the consent in
writing of the Minister; and any such purported transfer
or creation of any such interest without such prior consent
shall have no effect.
41.41) Subject to subsection (21, a mining lease may
with the consent of the Minister and on payment of the
prescribed fee be surrendered either in whole or in part at
any time after six months’ notice in writing has been given
to the Commissioner of the intention to surrender, and such
surrender shall be in the prescribed form:
Provided that such surrender shall not affect any liability
incurred by the holder before such surrender takes effect,
and no rent shall be refunded.
(2) The Minister may, having regard to the circum-
stances of the case, reduce the period of notice specified in
subsection (t), in relation to any mining lease, to such period
as he thinks fit.
42.41) The Minister may revoke a mining lease under
(a) if the holder, or any attorney, agent or employee
of the holder commits any contravention of the
provisions of this Act, or of any requirements
thereunder, or of any conditions of the lease, and
does not repair such contravention within such
period, not being less than one month, as the
this Act in the following cases-
But ace sation SW).
m e inclusion of this pige is authorized by L.N. 57/1980]
Discovery
of minerals
U) be noti-
fied.
39119S8 s. 5.
Transfer of
a mining
1.5arC
43/1%0
s. 4 (I).
Surrender of
lease.
4311960 s. 4 (1).
3311979
S. 2W, @I.
33/1979
s. 2(c).
Revocation
of leanc.
43/1%0 s. 4 (1).
MINING
Commissioner may allow from the date of the
receipt by the holder of a notice in writing from
the Commissioner so to do or such extended period
as the Commissioner may thiak fit; or
(b) if the holder wholly ceases work in, on or under
the land the subject of the lease during a con-
tinuous period of six months, without the written
consent of the Minister :
Provided that such consent shall not unreason-
ably be withheld.
(2) Such revocation shall not affect any liability
(3) Where the Minister has revoked a mining lease 43/1%0
already incurred by the holder,
under this section notice of such fact shall be published in
the Gazette and a copy of such notice shall be sent to the
holder at his last known address.
S. 4 (1).
31
43.41) Any person who was the holder of a mining Treahnsnt
of tailinga lease which has terminated may, within thirty days of such after*-.
termination apply to the Commissioner for leave to enter ;:Eof
the land comprised in the lease and treat or remove any
tailings, ore or stone stacked or dumped by him on the
surface prior to such termination, and the Commissioner
may grant such leave and may fix a time within which such
treatment or removal is to be completed.
(2) If such leave is not applied for within thirty days
or such treatment or removal is not completed within the
time fixed any tailings, ore or stone remaining on the land
shall become the absolute property of the Crown.
44.-(1) The owner of any plant, machinery, engines or O m r w
right, which has terminated or which are in, on, or over tionoflcase
any passageway used in connection therewith, may within ;;gtm
three months from the date of such termination, or within
such further time as the Commissioner may allow, remove
I e m Q V t tools on any land the subject of a mining lease, or water ant. etc..
an tormina-
lThe inclusion of this page is authorized by L.N. 57/1980]
32 MINING
such plant, machinery, engines or tools, but shall not remove
or interfere with any timber in any mine; and if such plant,
machinery, engines or tools are not so removed they may be
sold by auction by order of the Commissioner at the risk
of such owner and the net proceeds of such sale, after
deducting the costs thereof and any sum which the person
who was the holder of such lease or water right is required
by law to pay to Government, shall be retained by the
Commissioner and held until applied for by such owner :
Provided that where such plant, machinery, engines and
tools cannot be sold by auction they shall become the
property of the Crown and may be dealt with and disposed
of in such manner as the Minister may direct.
43/3960
s. 4 (I).
(2) Any person who removes or interferes with any
timber in a mine other than that which it may be necessary
to remove in the course of normal mining operations shall
be guilty of an offence against this Act and liable on sum-
mary conviction before a Resident Magistrate to a fine not
exceeding two hundred dollars or to imprisonment with hard
labour for a term not exceeding six months or to both fine
and imprisonment.
I-.
43 I1960 s. 4 (1).
45.-(1) The Minister may, notwithstanding anything in
thii Act, grant a special mining lease of any land, if he is
satisfied that by reason of the difficulties and cost attending
the mining in, on or under such land or for any other cause
it is necessary that such a lease be granted.
(2) The form and duration of any special mining
lease granted under subsection (I), the right to surrender
that special mining lease and the conditions of surrender,
the area to be comprised therein, tbe surface and subter-
ranean limits of that area, the rent and royalty to be paid,
and the provisions to be contained therein in relation to
the holder thereof and his agents, employees and con-
tractors, as to their rights of access, rights of entry and
rights of way as to mining, prospecting, exploration,
2911977 s. 3.
inclusion c4 this page is auihcxkd by LN. 57/19%ol
MINING
development, transportation, passageways, storage, stack-
ing, dumping, reporting, labour and other matters, s h d
be such as the Minister may approve but except where
there is a specific variation therein, that special mining
lease shall be subject in all respects to the provisions of
this Act.
33
46.-(1) Notwithstanding anything in this Act the Wia'
the purpose of mining bauxite or laterite if he is satisfied 04;?;$
that all such lands (whether or not they are contiguous)-
(a) are held by the applicant under title in fee simple
registered in accordance with thc Registration of
Titles Act; and
(b) are so located that they would appear within such
number of contiguous co-ordinate squares as thc
Minister in relation to each application, may
consider appropriate.
Minister may grant a special mining lease of any lands for ""'Y t;;ziZ
s. 3.
(2) In any special mining lease granted pursuant to
this section the lands included may, in 1ieu.of any other mode
of description, be described by reference to the volume and
folio and the description of such lands in the Register Book
kept under the Registration of Titles Act.
(3) A special mining lease granted pursuant to this
section shall be published by the Commissioner in the
Guzerre and (save as otherwise provided in this section, in
section 47 or in any condition in such special mining lease)
shall be subject in ail respects to the provisions of this Act
applicable to mining leases.
34 MINING
I'ower of
Minister to
B p p ~ ~ v ~
additions to
areaof
spsial min ng
1eaXfor
laterite.
4311960 s. 3.
47.-(1) On the application of the lessee, the Minister,
subject to such conditions (which may include the payment
of any financial consideration) as he thinks fit, may, by
instrument in writing, modify or amend a special mining
lease granted pursuant to section 46 by adding thercto lands
which fulfil the requirements of paragraphs (a) and (b) of
subsection (1) of sectioii 46 but did not do so when applica-
tion for thz special mifiing lease aforesaid was made.
(2) The modification or amendment of a special
mining lease by the addition of lands pursuant to this section
shall not affect the duration of the special mining lease as
originally determined but aU such lands shall be subjeot to
the covenants and conditions contained in such special
mining lease.
(3) Any addition to a special mining lease pursuant
to this section shall be published by the Commissioner in
the Guzerre and shall be registered in accordance with the
provisions of Part VII and for this purpose the instrument
in writing issued by the Minister pursuant to subsection ( I )
shalI be deemed to be an instrument creating an interest in
a mining lease.
bauxite or
Minis Le r
may
amount of
dinera's
er[mcted.
s. 30'1974 2.
47~.-(1) The Minister may by order require that the
holder of a mining lease or a special mining lease shall,
during each of such periods as may be prescribed by the
order, extract or win not less than such amount as may be
so prescribed of the mineral from which mining lease or
special mining lease was granted.
(2) An order made under this section may pre-
scribe-
(U) different periods and amounts for different kinds
of minerals;
(b) different amounts for different holders of mining
leases or special mining leases in respect of the
same kind of mineral.
to be
IThc inoht%mcd Ihapws ha- by L.N. 96/ 19981
MINING
(3) Any requirement in an order made under this
section shall, while such requirement remains in force, be
deemed to be a condition subject to which any holder of
a m i n i i lease or special mining lease to whom the require-
ment relates holds such mining lease or special mining
lease.
PART Iv. [Deleted by Act 36 of 1995, 3rd Sch.1
48. [Delered by Act 36 of 1995.3rd Sch.1
49. [Deleted by Acr 36 of 1995.3rd Sch.1
50. [Deleted by Act 36 of 1995,3rd Sch.1
51. [Deleted by Act 36 of 1995.3rd Sch.1
52. [Deleted by Act 36 of 1995,3rd Sch.1
53. [Deleted by Act 36 of 1995,3rd Sch.]
54. [Deleted by Act 36 of 1995.3rd Sch.1
55. [Deleted by Act 36 of 1995.3rd Sch.1
56. [Deleted by Act 36 of 1995.3rd Seh.1
57. Deleted by Acr 36 of 1995,3rd Sch.1
35
PART V. Passageways
58.41) No holder of prospecting or mining rights or of k+--
a water Ilght shall at any time, in the exercise of the rights &*
granted under this Act, interfere with or perform any act wJya
which may tend to interfere with the exercise of any right of
passageway or perform any act which may damage or tend
to damage any passageway without first obtaining the con-
sent in writing of the holder of such right of passageway :
Provided that in the case of public rights of passageway
or where the holder of the right of passageway cannot be
found by the person requiring his consent, the consent of
the Cammissioner shall be deemed sufficient consent. -
W induaion of p q c is auaharipd &y L.N. 96 lsss]
36 MINING
Acquisition
of right
ways,
of passage-
(2) Nothing in this section shall prevent the hoIder
of a licence, mining lease, or water right, or an applicant
for a mining lease to whom permission to mine has been
granted under seclion 32 from diverting any public path
within the area of his licence, mining lease, or water right,
or covered by the application. if such diversion is made
entirely within the area held by or applied for by him and
is aligned and maintained to the satisfaction of the Com-
missioner; and on the conclusion of mining or prospecting
operations, or operations under the water right, affecting
such public path, it shall, if required by the Commissioner,
be remade as and where it was before such interferencc.
59.-(1) If the holder of ti licence, or mining lease, or a
person having permission under section 32 to mine on an
area the subject of an application, is desirous of obtaining
a right of passageway over lands outside the area covered
by the licence, lease or application, or if the holder of a
water right is desirous of obtaining R right of passageway
for the purpose of such water right, but is unable to obtain
consent to such right, or on such terms as he considers
reasonable, from the owner or occupier of the land over
which the right is desired, he may apply to a Resident
Magistrate for an order granting such right of passage-
way; and for the purposes of such application the holder
of the licence, mining lease or water right, or the person
having permission under section 32 to mine, may authorize
in writing a land surveyor, together with his servants and
workmen, to enter at all reasonable times on any land after
giving to the occupier thereof not less than three days' notice
of the date upon which such entry is proposed to be made:
and any damage done by such surveyor, his servants, or
workmen, shall be deemed for the purposes of section 12 to
be damage done by such holder or person in the course of
prospecting or mining operations.
('The inclusianof
