【法规名称】
【法规编号】 79496 什么是编号？
【正 文】
第12页 CAP 285 MINING ORDINANCE
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[接上页] (a) as a condition precedent to the grant or renewal thereof; or (b) at any time during the currency thereof,require the person to whom the lease or licence is to be granted or whose lease or licence is to be renewed or the lessee or licensee as the case may be, to give, within such reasonable period as he may specify, security for any one or more or all of the following- (i) any sum which may become payable under section 33 by way of compensation; (ii) any sum which may become payable to the Government by way of royalties, rental or fees; (Amended 29 of 1998 s. 105) (iii) any sum which may become payable to the Government by way of damages or otherwise in respect of any contravention of any term, covenant or condition of the lease or licence or which may become payable to the Government under such terms, covenants or conditions or under any regulations made under this Ordinance or otherwise. (Amended 29 of 1998 s. 105)(2) Where security has been given in accordance with the provisions of subsection (1), the Director of Lands, in the case of a mining lease, and the Commissioner, in the case of a prospecting or mining licence, may, so long as the lease or licence is in force, require the lessee or licensee to give, within such period as he may specify, additional security for any one or more or all of the matters set out in subsection (1). (3) Such security or additional security shall be of such amount as the Director of Lands or the Commissioner, as the case may be, shall determine and may be given by way of the deposit of cash with the Director of Accounting Services or the guarantee of such bank or other person as may be approved, for the time being, by the Director of Accounting Services. (Amended L.N. 16 of 1977; L.N. 453 of 1993) (4) Where security (which expression shall include, where applicable, additional security) has been given in accordance with the provisions of this section, and, at any lime, the same has become reduced or been extinguished by reason of any payment therefrom or for any other reason, the lessee or licensee, as the case may be, shall, so long as the lease or licence is in force and upon being required so to do by the Director of Lands or the Commissioner, as the case may be, give such further security, in the manner specified in subsection (3), as may be necessary to restore such security to an amount not less than the amount of the same immediately prior to such reduction or extinguishment. (5) Without prejudice to any other provisions of this Ordinance, where any lessee or licensee fails to comply with- (a) any requirement of the Director of Lands or the Commissioner made, under subsection (1), during the currency of any lease or licence; (b) any requirement of the Director of Lands or the Commissioner made under subsection (2); or (c) the provisions of subsection (4),the Director of Lands or the Commissioner, as the case may be, may forthwith determine the lease or licence by notice in writing to the lessee or licensee, and thereupon the lease or licence shall be deemed to have been determined in the same manner as if it had been determined in consequence of a breach of a term, covenant or condition thereof. (6) (a) Where the amount of any compensation payable under section 33 has been finally determined and the same has not been paid within fifteen days of such determination, it shall be lawful for the Director of Accounting Services to pay the same to the person entitled thereto out of any cash deposited under the provisions of this section, so far as the same will allow. (Amended L.N. 16 of 1977; L.N. 453 of 1993) (b) For the purposes of paragraph (a), the amount of any compensation shall be deemed to have been finally determined- (i) when the same has been agreed; or (ii) where the same has been determined by the Commissioner under subsection (2) of section 33, if, within the time limited therefor by subsection (3) of that section, neither party has appealed to the Board; or (iii) in the event of an appeal under the said subsection (3) when the same has been determined by the Board.(7) Upon the expiry or determination of the lease or licence, the Director of Accounting Services shall, when he is satisfied that no, or no further, sums, being sums in respect of which the security (which expression shall include, where applicable, additional security) was given, remain unpaid, return or release such security, or the balance thereof, if any, as the case may be, to the person by whom the same was given. (Amended L.N. 16 of 1977; L.N. 453 of 1993) (8) Where, under subsections (1) and (2), respectively, the Director of Lands or the Commissioner has required security or additional security to be given for any sum which may become payable to the Government by way of royalties, no ore or mineral shall be disposed of or removed from the mining area until such security has been given in accordance with the provisions of this section. (Added 33 of 1960 s. 24. Amended 8 of 1993 s. 3; L.N. 291 of 1993; 29 of 1998 s. 105) |
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