【法规名称】
【法规编号】 79496 什么是编号？
【正 文】
第5页 CAP 285 MINING ORDINANCE
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[接上页] (b) if a person having a prior claim to a mining lease is unable to obtain the same on the ground that he does not command sufficient working capital to ensure the proper development and working of the area applied for, the person who obtains a mining lease in respect of the area, if he has not himself adequately prospected or mined the same under licence, shall compensate such other person in such an amount as shall be determined by the Director of Lands.(2) Any amount so determined may be recovered by the person entitled thereto by civil action, and in such action a certificate under the hand of the Director of Lands specifying the amount of compensation so determined shall, without further proof, be received as conclusive evidence of the amount thereof. (3) A mining lease 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 shall contain such covenants and conditions and shall be in such form, as the Director of Lands may determine. (Amended 8 of 1993 s. 3; L.N. 291 of 1993) Cap 285 s 23 Requirements as to capital (1) An applicant for a mining lease shall satisfy the Director of Lands that he commands sufficient working capital to ensure the proper development and working of the area applied for, and the Director of Lands may require the applicant to furnish a guarantee of a bank or person approved by the Director of Lands, for such amount and in such form as he may determine. (2) In the event of the applicant failing to satisfy him as aforesaid or, when so required, to furnish a guarantee to the satisfaction of the Director of Lands, the Director of Lands may refuse the application, but the applicant may make a fresh application at any time. (Amended 8 of 1993 s. 3; L.N. 291 of 1993) Cap 285 s 24 Duration and renewal of mining lease Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 (1) A mining lease may be granted for such term not being more than twenty-one years as the Director of Lands may determine. (Amended 33 of 1960 s. 13; L.N. 291 of 1993) (2) If, during the term originally granted or any renewal thereof- (a) the lessee has carried on work in a normal and businesslike manner; (b) the lessee has in all respects performed and observed all the terms and conditions of the lease; and (c) the lessee has given to the Director of Lands not less than six months' prior notice in writing of his desire to obtain renewal of the lease,the lessee may be granted, on payment of the prescribed fee and subject to the provisions of this section, a renewal of the lease for such term as may be approved by the Director of Lands, not exceeding twenty-one years, upon the conditions and subject to such rentals, fees, royalties, premiums and other payments as are then applicable to new leases and subject to such covenants and conditions as the Director of Lands may determine. (Amended L.N. 291 of 1993) (3) The Chief Executive in Council may authorize the grant or renewal of a mining lease for a term of more than twenty-one years. (Added 33 of 1960 s. 13. Amended 57 of 1999 s. 3) (Amended 8 of 1993 s. 3) Cap 285 s 25 Rights under a mining licence or mining lease Remarks: Amendments retroactively made - see 29 of 1998 s. 105 A mining licence or mining lease shall be deemed to confer on the holder or lessee the following rights- (a) to carry out mining operations below the surface of the area in respect of which the licence or lease is granted; (b) to enter upon, use and carry out mining operations on the surface of any Government land within the said area; and (Amended 29 of 1998 s. 105) (c) with the prior consent in writing of the owner and any lawful occupier of any private land within the said area, to enter upon, use and carry out mining operations on the surface thereof. Cap 285 s 26 Assignment, etc. of mining rights The lessee of a mining lease shall not assign, mortgage, charge, underlet or otherwise alienate or dispose of any of his rights under the lease, or enter into any agreement so to do, without the prior consent in writing of the Director of Lands. (Amended 8 of 1993 s. 3; L.N. 291 of 1993) Cap 285 s 27 Diversion or pollution of waters prohibited (1) The holder of a mining licence or mining lease shall not- (a) divert the waters of any river, stream, spring, reservoir, filter-bed, well or watercourse, without the prior consent in writing of the Commissioner; or (Amended 33 of 1960 s.26) (b) pollute, or permit to become polluted, any water, or in any way render such water unfit for the purpose for which it is being used.(2) Any holder of a mining licence or mining lease who contravenes any of the provisions of subsection (1) may, without prejudice to any other remedy therefor, be required by the Commissioner to take such action as may be directed to prevent a continuance or recurrence of such contravention and within such time as may be specified. (Amended 33 of 1960 s.26) |
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