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[接上页] (3) If the holder of a prospecting licence desires to retain or dispose of any minerals obtained in the course of prospecting, he shall make application to the Commissioner in the prescribed manner and, if the Commissioner is satisfied that such holder has been conducting such operations only as are reasonably necessary to enable him to test the mining potentialities of the land, he may authorize the applicant to retain and dispose of the minerals in respect of which application is made on payment of the prescribed royalty. (Amended 33 of 1960 s. 26) Cap 285 s 17 Further prospecting licences for same area Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 Where any area is the subject of a prospecting licence, the Chief Executive in Council may authorize the grant of a further prospecting licence in respect of the same area for a different mineral if he is satisfied that by so doing the rights or interests of the holder of any existing prospecting licence will not be prejudicially affected. (Amended 57 of 1999 s. 3) Cap 285 s 18 Cancellation of prospecting licence The Commissioner may, by notice in writing, cancel a prospecting licence- (a) if the holder thereof or any attorney, partner, agent or servant of such holder is convicted of any offence against this Ordinance or the regulations made thereunder; (Replaced 33 of 1960 s. 8) (b) if the holder commits any breach of the provisions of this Ordinance, or of the regulations made thereunder, or of the terms or conditions whether express or implied of his licence, not amounting to an offence against this Ordinance or the regulations made thereunder, and if, on being called upon by the Commissioner to show cause within a time specified why his licence should not be revoked, he fails to comply with such order or if the cause shown is in the opinion of the Commissioner inadequate; (Replaced 33 of 1960 s. 8) (c) if, without the consent in writing of the Commissioner, the holder wholly or substantially discontinues prospecting. (Amended 33 of 1960 s. 8) (Amended 33 of 1960 s. 8) Cap 285 s 19 Mining PART IV MINING Mining shall only be lawful under a mining licence or mining lease. (Added 33 of 1960 s.9) Cap 285 s 20 Mining licences Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 (1) The Commissioner may grant to any person applying therefor in the prescribed manner and on payment of the prescribed fee a mining licence : (Amended 33 of 1960 s. 10) Provided that the person, if any, who is carrying on under licence adequate prospecting operations on the area shall be preferred. (Added 33 of 1960 s. 10) (2) A mining licence shall be in the prescribed form, shall specify the area and the minerals in respect of which it is granted, and shall be subject to such rentals, fees, royalties, premiums and other payments as may be prescribed and to such terms and conditions as the Commissioner may determine. (3) A mining 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 mining 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, save with the consent of the Chief Executive, exceed five years. (Replaced 33 of 1960 s. 10. Amended 57 of 1999 s. 3) Cap 285 s 21 Cancellation of mining licence The Commissioner may, by notice in writing, cancel a mining licence- (a) if the holder thereof or any attorney, partner, agent or servant of such holder is convicted of any offence against this Ordinance or the regulations made thereunder; (Replaced 33 of 1960 s.11) (b) if the holder commits any breach of the provisions of this Ordinance, or of the regulations made thereunder, or of the terms or conditions whether express or implied of his licence, not amounting to an offence against this Ordinance or the regulations made thereunder, and if, on being called upon by the Commissioner to show cause within a time specified why his licence should not be revoked, he fails to comply with such order or if the cause shown is in the opinion of the Commissioner inadequate; (Replaced 33 of 1939 s.11) (c) if, without the consent in writing of the Commissioner, the holder wholly or substantially discontinues mining operations. (Amended 33 of 1960 s.11) (Amended 33 of 1960 s.11) Cap 285 s 22 Mining leases (1) The Director of Lands may grant a mining lease to any person applying therefor in the prescribed manner, if the Commissioner is satisfied that the mineral-bearing qualities and quantities of the land in the area applied for are such as to justify the grant of a mining lease: (Amended 33 of 1960 s. 12) Provided that- (a) the person, if any, who is carrying on or has carried on under licence adequate prospecting or mining operations on the area shall be preferred; and |