【法规名称】
【法规编号】 79496 什么是编号？
【正 文】
第3页 CAP 285 MINING ORDINANCE
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[接上页] Adaptation amendments retroactively made - see 57 of 1999 s. 3 (1) Where any area has been closed to prospecting or mining under section 11 compensation shall be paid by the Chief Executive out of the general revenue to the holder of a prospecting or mining licence or the lessee of a mining lease who is adversely affected by such closure. (Replaced 33 of 1960 s. 4. Amended 57 of 1999 s. 3) (2) Compensation shall be payable in the case of a prospecting licence in respect of disturbance and for the expenses incurred in prospecting the area and in the case of a mining licence or lease in respect of disturbance and for the loss of reasonable expectation of profits from proved minerals in, under or upon any land within the area in respect of which the mining licence or lease is held. (Replaced 33 of 1960 s. 4) (3) Any dispute as to what are proved minerals in, under or upon any land to which this section relates, and any dispute as to whether any compensation is payable or as to the amount of such compensation, shall, in default of agreement, be determined by arbitration in accordance with the provisions of the Arbitration Ordinance (Cap 341). (Amended 33 of 1960 s. 4) Cap 285 s 13 Prospecting licences PART III PROSPECTING (1) The Commissioner may grant to any person applying therefor in the prescribed manner and on payment of the prescribed fee a prospecting licence. (2) A prospecting licence shall be in the prescribed form and shall be subject to such terms and conditions as the Commissioner may determine. (3) A prospecting licence shall not be transferable and any right or interest conferred thereby shall not be assignable except with the prior consent in writing of the Commissioner. (4) A prospecting licence shall remain in force for six months from the date thereof, unless previously cancelled under the provisions of this Ordinance, but a licence not so cancelled may be renewed by the Commissioner for further terms of six months each: Provided that the total period of the original licence together with all renewals thereof shall not exceed five years. (Amended 65 of 1955 s.2; 33 of 1960 s.5) Cap 285 s 14 Rights of the holder Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (1) The holder of a prospecting licence shall have the right to enter upon and prospect on any Government land within the area the subject of the licence and, subject to the provisions of subsection (2), on any private land within such area, and may, whilst engaged in bona fide prospecting, make bore holes, dig trenches, sink shafts and generally make the necessary excavations, subject to the terms and conditions of the licence. (Amended 33 of 1960 s. 6; 29 of 1998 s. 105) (2) The holder of a prospecting licence shall have no right to enter upon or prospect on private land unless he obtains the prior consent in writing of the owner and any lawful occupier thereof. (3) The holder of a prospecting licence shall not take any steps which may have the object or direct result of minerals being won in quantities in excess of those required to prove the mineral-bearing qualities and quantities of the area the subject of the licence. (Added 33 of 1960 s. 6) Cap 285 s 15 Duties of the holder The holder of a prospecting licence shall- (a) carry on all prospecting in a safe and workmanlike manner in accordance with the regulations; (b) keep such registers and books and make such returns as may be prescribed; (c) permit at all reasonable times any mines officer to inspect any prospecting and to inspect and take copies of any register and any book of account in the possession or under the control of the holder and kept in connection with the prospecting; (d) not divert water from any river, stream, spring, reservoir, filter-bed, well or watercourse without the prior consent in writing of the Commissioner; (Amended 33 of 1960 s.26) (e) if not personally residing within the area the subject of his licence or sufficiently near thereto as to give continuous supervision to the prospecting on such lands, at all times have a responsible agent supervising the prospecting. Cap 285 s 16 Ownership and disposal of minerals Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (1) Minerals obtained in the course of prospecting under a prospecting licence shall be the property of the Government and shall not be removed from the land or disposed of except with the prior consent in writing of, and upon such terms and conditions as may be imposed by, the Commissioner; but nothing herein contained shall be construed to prohibit any such holder from removing, from time to time, samples of such minerals sufficient in quantity to enable them to be tested or analysed or experiments to be made for the purpose of ascertaining the content and the commercial value thereof. (Amended 29 of 1998 s. 105) (2) The Commissioner may authorize the removal of minerals from the land from which they have been obtained to any place approved by him for safe custody, subject to such conditions as he may impose. |
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