【法规名称】
【法规编号】 79496 什么是编号？
【正 文】
第6页 CAP 285 MINING ORDINANCE
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[接上页] Cap 285 s 28 Purification of water Every person who uses water in connection with mining operations, whether for the generation of power or for the removal of mineral substances or for concentrating, milling or otherwise, shall make such provision as will ensure that all water so used shall not contain any injurious substance in quantities likely to prove detrimental to human, animal or vegetable life when it leaves the mining area in which it has been so used. Cap 285 s 28A Discharges and deposits under Water Pollution Control Ordinance No offence under section 27 or 28 is committed by a person who makes a discharge or deposit under and in accordance with a licence under the Water Pollution Control Ordinance (Cap 358). (Added 41 of 1980 s. 50. Amended 67 of 1990 s. 23) Cap 285 s 29 Power of Commissioner to close mine If at any time it is shown to the satisfaction of the Commissioner that a mine is in such condition as to render mining dangerous to the safety or health of persons employed in or about such mine, the Commissioner may order either that such mine be closed, and a notice to that effect be published in the Gazette, or that such works be executed as will enable mining to be carried out with due regard to the safety or health of persons employed in or about such mine. Cap 285 s 30 Acceptance of rent not to operate as a waiver of right of re-entry or forfeiture Remarks: Amendments retroactively made - see 29 of 1998 s. 105 The acceptance by or on behalf of the Government of any rent shall not operate as a waiver by the Government of any right of re-entry accruing or of any forfeiture incurred by reason of the breach of any of the provisions of this Ordinance or the regulations or of any covenant or condition, express or implied, in any lease granted under this Ordinance. (Amended 29 of 1998 s. 105) Cap 285 s 31 Power of Director of Lands to revoke a mining lease Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 (1) Subject to the provisions of subsections (2), (3), (4) and (5), the Director of Lands may, by notice in writing, revoke any mining lease in any of the following cases, that is to say- (Amended 33 of 1960 s. 14; 8 of 1993 s. 3; L.N. 291 of 1993) (a) if the lessee or any attorney, partner, agent or servant of such lessee is convicted of any offence against this Ordinance or the regulations made thereunder; (Replaced 33 of 1960 s. 14) (b) if the lessee 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 lease, not amounting to an offence against this Ordinance or the regulations made thereunder, and, on being given an opportunity to show cause as required by subsection (2), fails to show cause within a reasonable time or shows cause which is in the opinion of the Commissioner inadequate; (Replaced 33 of 1960 s. 14) (c) if, without the consent in writing of the Commissioner, the lessee wholly or substantially discontinues mining operations during a continuous period of six months; or (Amended 33 of 1960 s. 14) (d) if the lease has been granted in error, whether such error relates to the area or to the boundaries or to any other matter whatsoever. (Amended 33 of 1960 s. 14)(2) The lessee or his attorney shall be given an opportunity to show cause why the lease should not be revoked. (3) Before a lease is revoked under the provisions of subsection (1), the Director of Lands shall give notice in writing of his intention to the lessee or his attorney, specifying the reasons for the proposed revocation, and the lessee or his attorney may, within one month after receipt of such notice, appeal by way of petition to the Chief Executive in Council against the proposed revocation. (Amended 8 of 1993 s. 3; L.N. 291 of 1993) (4) A petition to the Chief Executive in Council under the provisions of subsection (3) shall be lodged with the Clerk to the Executive Council. (Amended 14 of 1994 s. 24) (5) On consideration of the petition, the Chief Executive in Council may make such order as he thinks proper and such order shall be final. (Amended 57 of 1999 s. 3) Cap 285 s 32 Mining Compensation Board Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 PART V COMPENSATION (1) For the purpose of hearing appeals under section 33, a Mining Compensation Board (hereinafter referred to as the Board) shall be established, and shall consist of a Chairman and two other members appointed by the Chief Executive. (2) The members of the Board shall retain their membership during the discretion of the Chief Executive and, subject thereto, for such period as may be specified in their instruments of appointment. (3) The procedure of the Board on the hearing of an appeal shall, subject to any regulations made in that behalf under section 67, be of an informal character, but shall be such as to allow each of the parties an adequate opportunity to present his case. |
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