【法规名称】
【法规编号】 79496 什么是编号？
【正 文】
第7页 CAP 285 MINING ORDINANCE
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[接上页] (4) The Chief Executive shall appoint a Secretary to the Board, and may determine his remuneration, if any. (Amended 57 of 1999 s. 3) Cap 285 s 33 Compensation for disturbance of surface of surface rights, etc. (1) Reasonable compensation for- (a) the use of the surface of any private land within the area of a prospecting or mining licence or of a mining lease and any disturbance of the surface rights in such land; and (b) any damage to any land wherever situate or to anything built, planted, grown or standing thereon caused by prospecting or mining operations,shall be paid by the person prospecting or mining to the owner of the land and any lawful occupier thereof. (Replaced 33 of 1960 s.15) (2) Any dispute as to whether any compensation is payable under subsection (1), or as to the amount of any compensation so payable, may, in default of agreement, be referred to, and determined by, the Commissioner, who shall notify the parties of his decision. (3) If any of the parties is dissatisfied with the decision of the Commissioner, such party may, within fifteen days of such notification, appeal to the Board, whose decision thereon shall be final and conclusive and shall be notified to the parties. (4) Notice in writing of intention to appeal from a decision of the Commissioner shall be given by the person wishing to appeal to the Secretary to the Board and to any other person interested in the subject matter of the appeal. (5) The amount of compensation awarded by the Commissioner or, in the event of an appeal, by the Board shall be paid to the Treasury for the account of the person entitled thereto, within fifteen days of the date on which die amount is notified to the person liable to pay such compensation. (6) If the amount so awarded is not paid within the time specified in subsection (5), such amount may be recovered by the person entitled thereto by civil action. (7) In any proceedings in court under subsection (6), a certificate under the hand of the Commissioner or of the Secretary to the Board, as the case may be, specifying the amount of compensation awarded shall, without further proof, be received as conclusive evidence of the amount of compensation payable. (8) Upon the determination of an appeal under this section, the Board may direct that the unsuccessful party pay to the successful party the expenses reasonably incurred by the successful party in connection with the appeal, or such portion thereof as the Board may think reasonable having regard to all the circumstances (including the conduct of the appeal, the issues raised thereon and the determination of those issues), and in default of agreement between the parties as to the amount of such expenses, the Board shall determine the same. (9) Any expenses which the Board directs to be paid under subsection (8) may be recovered by the person entitled thereto by civil action, and the provisions of subsection (7) shall apply as if the reference therein to compensation were a reference to expenses. (10) Nothing in this section shall prevent an owner or occupier of private land from pursuing any other remedies he may have by law. Cap 285 s 34 Meaning of specified minerals for purposes of this Part Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 PART VI POSSESSION AND PURCHASE OF SPECIFIED MINERALS (Amended 33 of 1960 s. 17) For the purposes of this Part, the term "specified minerals" (指明矿物) means any minerals, in their unmanufactured state, to which the Chief Executive may, by order, apply this Part. (Replaced 33 of 1960 s. 18. Amended 57 of 1999 s. 3) Cap 285 s 35 Possession of specified minerals No person shall possess any specified minerals unless he is the lessee of a mining lease or the holder of a prospecting or mining licence, or the holder of a licence granted under section 37 or is the duly authorized employee of such a lessee or holder. (Amended 33 of 1960 s.19) Cap 285 s 36 Purchase of specified minerals No person shall purchase any specified minerals unless he is the holder of a licence granted under section 37. (Amended 33 of 1960 s.19) Cap 285 s 37 Licence to purchase specified minerals (1) The Commissioner may, on payment of the prescribed fee, issue an Authorized Buyer's Licence in the prescribed form authorizing the person named therein to purchase specified minerals, and may attach to the licence such conditions as he may think fit. (Amended 33 of 1960 ss.19 & 26) (2) Every such licence shall continue in force for one year from the date thereof, unless previously cancelled, and shall not be transferable. Cap 285 s 38 Duty of seller of specified minerals to satisfy himself that purchaser is licensed to buy Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 No person shall sell any specified minerals to a purchaser within Hong Kong, unless he has first satisfied himself that the purchaser is the holder of an Authorized Buyer's Licence authorizing him to purchase such specified minerals. |
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