【法规名称】
【法规编号】 79496 什么是编号？
【正 文】
第8页 CAP 285 MINING ORDINANCE
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[接上页] (Amended 33 of 1960 s. 19; 57 of 1999 s. 3) Cap 285 s 39 Holder of licence to satisfy himself that the seller is authorized to possess and dispose of specified minerals The holder of an Authorized Buyer's Licence shall not purchase any specified minerals unless he has first satisfied himself that the vendor is authorized to be in possession of such specified minerals and to dispose of the same. (Amended 33 of 1960 s.19) Cap 285 s 40 Duty of licensee The holder of an Authorized Buyer's Licence shall- (a) keep proper books showing- (i) all purchases made by him and the nature and weight of the specified minerals purchased; (ii) the date of each purchase; (iii) the name of the seller and his title or authority to be in possession and to dispose of the specified minerals; (iv) details of disposal of the specified minerals after purchase by him; and (Amended 33 of 1960 s.19)(b) produce such books for the inspection of any mines or police officer or member of the Preventive Service established by the Preventive Service Ordinance (Cap 342) whenever required to do so. Cap 285 s 41 Cancellation of Authorized Buyer's Licence (1) In the event of any contravention by the holder of an Authorized Buyer's Licence of any of the provisions of section 39 or 40 or of any of the conditions of his licence, the Commissioner may, by notice in writing served upon the holder either personally or by registered post, cancel the licence and such cancellation shall be in addition to any other penalty. (2) The Commissioner shall, before serving notice under subsection (1), give to the holder notice of his intention to do so, adequately stating the grounds on which he intends to serve the notice and indicating that the holder may make written representations to him. (Replaced 6 of 1994 s. 52) Cap 285 s 41A Appeals (1) The holder of an Authorized Buyer's Licence who is aggrieved by the service of a notice cancelling his licence under section 41 may, within 28 days from the date when he was informed of the decision, appeal to the Administrative Appeals Board. (2) A notice that is appealed against under subsection (1) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Commissioner, be contrary to the public interest and the notice contains a statement to that effect. (Added 6 of 1994 s. 52) Cap 285 s 42 Appointment of mines officers Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 PART VII APPOINTMENT AND FUNCTIONS OF MINES OFFICERS The Chief Executive may, from time to time, appoint a Commissioner of Mines, a Deputy Commissioner of Mines, a Superintendent of Mines, Mining Engineers, Mines Inspectors and such other officers as he may consider necessary for carrying out the purposes of this Ordinance. (Amended 57 of 1999 s. 3) Cap 285 s 43 Functions of the Superintendent of Mines Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 In addition to any other functions prescribed by this Ordinance, the Superintendent shall- (a) subject to the control and directions of the Commissioner, exercise general supervision over all mining and prospecting operations; (b) prepare and render such records, reports and returns as may be prescribed by the regulations or as may be required by the Commissioner or the Chief Executive; and (c) take into his custody any minerals declared by any court to be forfeited to the Government, and dispose of such minerals by sale, and after such sale, pay the proceeds to the Treasury. (Amended 57 of 1999 s. 3) Cap 285 s 44 Powers of mines officers Any mines officer may- (a) by notice in writing, require the holder of a prospecting or mining licence or the lessee under a mining lease or any person employed by such holder or lessee to appear before him at any reasonable time and place and give such information regarding prospecting or mining operations in or about the area the subject of the prospecting or mining licence or mining lease as he may possess, and every such holder or lessee or person shall comply with such notice and give such information; (b) by order in writing, suspend work in the area, or any part thereof, the subject of any prospecting or mining licence or mining lease, until such arrangements have been made as are, in his opinion, necessary to prevent danger to life or property; (c) cancel or vary the terms of any such notice or order; and (d) exercise all the powers conferred upon labour inspectors by the Factories and Industrial Undertakings Ordinance (Cap 59) in so far as they are applicable to prospecting or mining operations. (Replaced 34 of 1955 s.15) Cap 285 s 45 Power to enter upon land and inspect, etc. A mines officer may- (a) enter upon any land on which prospecting or mining is being carried out or in respect of which a prospecting or mining licence or a mining lease exists, and inspect such land and any works thereon; |
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