respect of the exercise of the rights granted by such licences shall be
submitted through the Government Inspector of Mines to the Governor for
his decision, which shall be final and conclusive between the parties:
Provided always that the Governor may in his discretion refer any
particular matter in dispute to a court for its decision.
[Sidenote: Penalty for prospecting without a right or licence.]
9. Any person prospecting without a prospecting right or licence to
prospect shall be guilty of an offence and shall on conviction before a
court be liable to a penalty not exceeding £50 or to imprisonment for a
term not exceeding six months.
[Sidenote: Transfer of rights and licences.]
10. A prospecting right shall not be transferable, but an exclusive
licence to prospect or any portion of the rights granted under such
licence may be transferred with the consent in writing of the Governor,
signified by endorsement thereon.
[Sidenote: Revocation of licences.]
11. In case of any breach by the holder of a prospecting right or
exclusive licence to prospect or by any attorney, agent, or employee of
such holder, of any of the provisions of this Proclamation or of any rule
or regulation made thereunder, the Governor may summarily revoke the
said right or licence and thereupon all privileges and rights conferred
thereby or enjoyed thereunder shall as from the date of such revocation
cease: Provided always that the fact of such revocation shall not in any
way affect the liability of such holder, attorney, agent, or employee,
in respect of the breach of any provision of this Proclamation or of any
such rule or regulation committed by him before such revocation.
[Sidenote: Surrender of licence.]
12. An exclusive licence to prospect or any portion of the rights granted
under such licence may be surrendered at any time after three months’
notice in writing has been given of the intention to surrender: Provided
that such surrender shall not affect any liability incurred by the holder
before such surrender shall have taken effect.
[Sidenote: No grant except to holder of prospecting right or exclusive
licence.]
13.—(1) It shall not be lawful for the Governor to grant a mining
lease to any person other than the holder of a prospecting right or an
exclusive licence to prospect, nor to any person who cannot show to his
satisfaction that he has, either himself or by his duly authorised agent,
carried out _bonâ fide_ prospecting operations on the area applied for.
[Sidenote: Right of exclusive licence holder.]
(2) The holder of an exclusive licence to prospect who has fulfilled
all the conditions attached thereto shall be entitled to the grant of
a mining lease in respect of any portion of the area covered by such
licence subject to the conditions relating to the grant of such leases.
[Sidenote: Applicant must show sufficient working capital.]
14. The Governor may require an applicant for a mining lease to show to
his satisfaction that he possesses or commands sufficient working capital
to ensure the proper development and working of the mine; and may require
any reports on the matter made by competent engineers to be submitted for
his information. In the event of such applicant failing to satisfy the
Governor as aforesaid, the Governor may refuse the application, but the
applicant may renew his application at any time.
[Sidenote: Giving false information as to above matters an offence.]
15. Any applicant for a mining lease wilfully or recklessly giving false
information as to any of the matters in respect of which information is
or may be required to be given under this Proclamation shall be guilty of
an offence, and shall be liable on conviction to a fine not exceeding £50
or to imprisonment for a term not exceeding six months.
[Sidenote: Duration of lease.]
16.—(1) A mining lease may be granted for any term not exceeding 21 years.
[Sidenote: Renewal.]
(2) If at the expiration of the term originally granted the lessee or his
assigns shall be carrying on work in a normal and business-like manner
under the lease, and the lease shall not at that time be liable to be
declared void under any of the provisions of this Proclamation, and the
lessee or his assigns shall have given to the Government six months’
notice in that behalf, then the lessee or his assigns shall be entitled
to obtain a renewal of the lease for a further term not exceeding 21
years, upon the conditions which are then generally applicable to new
mining leases.
[Sidenote: Different kinds of mining leases.]
17. Mining leases shall be of the following kinds, viz.:—
(1) Lode mining leases, the unit of area being one claim of
80,000 square feet, rectangular, and of such dimensions that
the width shall not be less than one-half the length. No
greater area than 30 claims shall be included in one lease. The
rent payable under such lease shall be at the rate of £4 per
claim per annum.
(2) Alluvial mining leases, which shall not exceed 800 acres in
area and shall have a minimum width throughout of 400 yards.
The rent payable under such lease shall be at the rate of five
shillings per acre per annum.
(3) Stream mining leases, which shall not be granted in
cases where an alluvial mining lease is applicable, shall be
confined to the bed of a stream and shall not exceed one mile
in length. The rent payable under such lease shall be at the
rate of twenty shillings per annum for each 100 yards or part
thereof.
(4) Iron mining leases.
(5) Carbonaceous minerals leases.
(6) Earthy minerals and precious stones leases.
(7) Dredging leases.
Leases of the kind (4), (5), (6), and (7) shall be
granted subject to regulations to be made by the
Governor under section 34 of this Proclamation.
(8) Water power leases, which shall be the subject of special
agreements with the Governor; and such agreements shall make
provision _inter alia_:
(_a_) As to the rate to be charged to consumers for
the supply of power, such rate to be specified in
each agreement, and not increased without the consent
in writing of the Governor;
(_b_) As to the compensation to be paid by the
beneficiaries thereunder in respect of interference
with pre-existing individual rights of any kind
whatever;
(_c_) To ensure, under penalty of revocation, the
adequate development of the available power; and
(_d_) To ensure the supply of power on equitable
terms to all consumers.
Provided that (1) no such agreement shall be concluded until
at least three months after reasonable advertisement of the
application for the lease; and (2) the Governor shall at
all times have the power to determine any such agreement,
subject to reasonable notice and to the payment of adequate
compensation in respect of expenditure incurred.
[Sidenote: Governor may order survey, at cost of applicant.]
18. The Governor may in any case where he shall deem it necessary, before
granting a mining lease, require that the boundaries of the land affected
shall be surveyed by a surveyor approved by the Governor, and the cost of
such survey shall be paid by the person applying for the lease.
[Sidenote: Overlapping areas.]
19. In the event of any areas the subject of mining leases or exclusive
licences to prospect being found to overlap, the ground in dispute shall
be considered as within the area first granted, and no claim, whether
for compensation or otherwise, shall be allowed in respect thereof to the
lessee or licensee of the area subsequently granted.
[Sidenote: Registration.]
20. Every mining lease and every instrument by or under which the rights
or any portion thereof granted by such lease shall be transferred or
assigned shall be registered as an instrument affecting land under the
provisions of the law for the time being in force with regard to the
registration of such instruments.
[Sidenote: Penalty for mining without a lease.]
21. Any person digging for, mining, or working any mineral without a
mining lease shall be guilty of an offence, and shall be liable upon
conviction thereof to a penalty not exceeding £500 or to imprisonment for
a term not exceeding twelve months.
[Sidenote: Use of water.]
22. The lessee of a mining lease shall be entitled to the use of all
water within the area of his lease, but he shall not, without the consent
in writing of the Government Inspector of Mines, treat any river or other
flowing water or stream in such a manner as to prevent its return to its
natural channel before it leaves the said area.
[Sidenote: Proviso as to existing rights.]
Provided that nothing herein contained shall be construed to affect or
prejudice the existing rights of any person to the reasonable use of the
water flowing in a natural bed or channel through, or along the margin
of, land occupied by him, or naturally deposited within such land.
[Sidenote: Penalty for improper use of water.]
23. Any person diverting any river, flowing water, or stream without
consent as aforesaid, or diverting water in such a manner as to render
it unavailable for use by another person legally entitled to the use
thereof, shall be guilty of an offence, and shall be liable to a penalty
not exceeding £25, or to imprisonment for a term not exceeding three
months.
[Sidenote: Provisions as to surface rights.]
24.—(1) A mining lease shall not of itself confer any rights in or
over the surface of the area included in the lease, but if the lessee
shall apply to the Governor for a right of occupancy over the whole or
any portion of the area included in his lease, and shall show to the
satisfaction of the Governor that the exclusive use and enjoyment of
the said area or portion thereof is necessary to the full and effective
exercise of the rights conferred by the lease, the Governor shall grant
a right of occupancy over such area or portion thereof, subject to the
provisions of the law for the time being in force with regard to such
rights, and to such reservations as he shall think fit to make in respect
of any railway, tramway, public road, building, burial-ground, or land
appropriated to any public purpose, or land in the legal occupation of
any other person.
(2) A right of occupancy granted as aforesaid shall run concurrently with
the mining lease, and shall be renewable on application with each renewal
of the mining lease, and no rent shall be payable thereunder over and
above the rent payable under the mining lease; but compensation shall be
payable in respect of any disturbance of native rights.
(3) In the event of any application being received from a third party
for any rights in or over the surface of an area included in a mining
lease, the Governor shall give notice thereof to the lessee, and if the
latter shall within six months of the date of such notice show to the
satisfaction of the Governor that the application cannot be granted
without loss or damage to him in respect of the rights conferred by the
said mining lease, the Governor shall assess reasonable compensation
to be paid by the applicant to the lessee as a condition precedent to
the grant of the application. If, however, the lessee shall fail to
satisfy the Governor as aforesaid, the Governor may thereupon grant the
application and no action shall lie in respect of any loss or damage that
may ensue in respect thereof.
[Sidenote: Compensation for damage.]
25. Compensation shall be made to the legal occupier by the holder of a
prospecting right or exclusive licence to prospect, and by the lessee
of a mining lease other than the holder of a right of occupancy, for
all damage done by himself, his agents, or employees, to the surface
of any land upon, or under which prospecting or mining operations are
being carried on, or to any house or building upon any such land, and
the amount of such compensation shall be decided by the Resident of the
province in which such land is situated: Provided that if either party is
dissatisfied with the decision of such Resident he may within fourteen
days appeal to the Governor, who may either decide the matter, in which
case such decision shall be final, or refer it to a court for decision.
[Sidenote: Royalty to be paid according to regulations.]
26. There shall be paid by all holders of mining leases a royalty to the
Government on all ores, minerals, and metals won, which royalty shall be
at such rate as may be laid down in the regulations made under section
34, and may be collected in the form of an export duty or in such manner
and subject to such conditions as may be laid down in such regulations.
[Sidenote: Disputes between holders of mining rights as to mining
operations.]
27. If the holder of any right acquired under this Proclamation shall
consider himself injuriously affected by the mining or prospecting
operations of another, he shall report the matter in writing to the
Government Inspector of Mines. The Government Inspector of Mines shall
forward a copy of the report to all persons concerned, and after due
consideration shall give his decision thereon.
Any person may appeal from the decision of the Government Inspector of
Mines to the Governor, after first notifying the Government Inspector
of Mines of his intention to do so, and stating the grounds of his
dissatisfaction. The Government Inspector of Mines shall at once report
the matter to the Governor, who may either decide the matter himself, in
which case his decision shall be final, or refer it to a court, which,
upon such reference, shall decide the matter in dispute as though it came
before it in the ordinary course of law.
[Sidenote: Interference with railways, public lands, &c., forbidden.]
28. No person entitled or claiming to be entitled to any rights under a
prospecting right or an exclusive licence to prospect or under a mining
lease shall, in the exercise of any such rights, without the consent in
writing of the Governor, disturb or interfere with any railway, tramway,
public road or building, burial ground or land appropriated by law to
any public purpose, and any person guilty of any such disturbance or
interference shall be liable on conviction before a court to a penalty
not exceeding £100, and in addition may be ordered by the court to pay
the costs of making good any damage caused by him.
[Sidenote: Forfeiture for breach of regulations, &c.]
29. If there shall be a breach on the part of the lessee of a mining
lease of any condition or provision of this Proclamation or of any
regulation made thereunder, or of any of the terms of his lease, and
if the lessee shall not make good such breach within three months from
receiving notice in writing from the Governor so to do, or if the lessee
shall wholly discontinue operations under the lease during a continuous
period of six months without the consent in writing of the Governor, then
the lease may be determined by the Governor without prejudice to any
claim against the lessee which shall already have accrued. The decision
of the Governor determining the lease shall be sufficiently notified
to the lessee by its publication in the Gazette, and shall operate to
vest in the Government all the plant, buildings, and other property of
the lessee in connection with the land leased without any payment or
compensation to the lessee in respect thereof.
[Sidenote: Fraudulent deposit of metal, and fraudulent sampling.]
30. Any person who shall place or deposit, or be accessory to the placing
or depositing of, any metal, ore, or mineral in any spot or place for the
purpose of misleading any person as to the nature, quality, or quantity
of the mineral naturally occurring at such spot or place, or who shall
mingle or cause to be mingled with any sample of metal, mineral, or ore,
any valuable metal or any substance whatsoever which will increase the
value or in any way change the nature of the said metal, mineral, or ore,
with intention to defraud any person, shall be guilty of felony, and
shall be liable, on conviction, to a penalty not exceeding £500 or to
imprisonment for a term not exceeding five years.
[Sidenote: Accurate accounts and plans to be kept.]
31. There shall be kept at the principal office within the Protectorate
of the lessee of a mining lease or his attorney (1) accurate and regular
accounts containing full entries of all minerals raised or got under such
lease, together with all such particulars as may be necessary to form
an estimate of the quantity and value of such minerals; and (2) correct
plans and sections of all mines worked under the rights conferred by
his said lease, and of all the workings thereof, and of all veins or
lodes which shall have been discovered therein, upon which the extent,
position, and actual condition of the works shall at least once in every
half year be accurately delineated. The scale of plans and sections shall
be, for underground plans 1 in 500 and for surface plans 1 in 5000.
[Sidenote: Government officers prohibited from acquiring rights.]
32. No officer, whether civil or military, shall, while in the service of
the Government of the Protectorate, acquire or hold any right or interest
under any prospecting right, licence to prospect, or mining lease, and
any licence or lease purporting to confer any such right or interest on
any such officer shall be null and void.
[Sidenote: Right of entry to inspect.]
33. The Government Inspector of Mines may at any time enter and inspect
any land over which an exclusive licence to prospect or a mining lease
has been granted, for the purpose of ascertaining the condition thereof,
and may inspect and take copies of or extracts from any books or papers,
plans, &c., dealing with the operations of the licensee or lessee, and
required by this Proclamation to be kept.
[Sidenote: Power to make rules and regulations.]
34. The Governor shall have power to make rules and regulations for
carrying this proclamation into effect and in particular for all or any
of the following matters:—
(_a_) The manner in which applications for prospecting rights,
exclusive licences to prospect, and mining leases shall be
made, the forms to be used, and the fees payable in respect
thereof;
(_b_) The information to be supplied by the applicants;
(_c_) The shape of areas over which exclusive licences to
prospect may be granted and the manner in which the same shall
be surveyed and beaconed;
(_d_) The manner in which the right of entry upon land shall be
exercised; and the conditions on which shafts, pits, temporary
buildings, and other works may be made or erected for the
purpose of prospecting;
(_e_) The amount of work to be done under an exclusive licence
to prospect;
(_f_) The construction of roads, tramways, and railways;
(_g_) The construction and erection of houses, machinery, and
other works to be used for mining purposes;
(_h_) The fencing off or rendering secure of any of the works
constructed, erected, or made for prospecting or mining
purposes;
(_i_) The grazing of cattle and other animals, and the
cutting down and use of timber for the purpose of carrying on
prospecting operations;
(_k_) For securing the safety of persons employed in mines and
for the carrying on of mining operations in a safe, proper, and
effectual manner;
(_l_) The reference of disputes to a court for decision;
(_m_) The transfer and assignment of rights under licences and
leases;
(_n_) The amount of royalty payable to the Government and the
form and manner in which such royalty shall be collected and
paid; and
(_o_) The grant of leases of the kinds numbered (3), (4), (5),
and (6) in Section 17;
and may attach to the breach of any such rule or regulation a penalty not
exceeding £50 or imprisonment for a term not exceeding six months for
each such breach.
Until further or other provision be made under this section, the rules
and regulations set forth in the schedule hereto shall be and remain in
force.
[Sidenote: Mining for oil not included in provisions of Proclamation.]
35. Nothing in this Proclamation shall be construed to refer to or to
sanction the prospecting or mining for mineral oil of any kind.
[Sidenote: Saving for existing rights.]
36. Nothing in this Proclamation shall be construed to affect any rights
existing at the date of its commencement.
THE SCHEDULE
RULES AND REGULATIONS
[Sidenote: Application for prospecting right.]
1.—(1) Any person desiring to obtain a prospecting right shall apply
in writing for the same to the Governor through the Secretary to the
Administration, and in making such application shall give the following
particulars:—
(_a_) The name, nationality, and description of the applicant,
and an address in the Protectorate at which notices, &c., may
be served;
(_b_) The parts of the Protectorate in which the applicant
desires to travel; and
(_c_) A copy of the memorandum and articles of association of
any syndicate or corporation on behalf of which the applicant
is applying as aforesaid.
(2) The applicant shall show, if required by the Governor to do so,
that he possesses sufficient money or credit to enable him to pay all
reasonable travelling and prospecting expenses likely to be incurred in
the exercise of the rights conferred by a prospecting right.
[Sidenote: Form.]
2. A prospecting right shall be in Form I. of the Appendix hereto.
[Sidenote: Prospecting right, fee to be paid, and duration.]
3. The fee to be paid for a prospecting right shall be £5, and its
duration shall be for one year from the granting of the right.
[Sidenote: Application for exclusive licence to prospect.]
4. Any person desiring to obtain an exclusive licence to prospect
may apply in writing to the Governor through the Secretary to the
Administration, and in making such application shall give the following
particulars:—
(_a_) The name, nationality, and description of the applicant,
and if representing a corporation or company the like
information with regard to the directors thereof, and the
amount of cash, working capital, and nominal capital of such
corporation or company, and an address in the Protectorate at
which notices, &c., may be served;
(_b_) Copies of the memorandum and articles of association
of any corporation, syndicate, or company represented by the
applicant;
(_c_) The class, or combination of classes, of minerals for
which the applicant desires to prospect; and
(_d_) The boundaries, area, and situation of the ground over
which an exclusive licence is desired: Provided that
(1) The boundaries shall be defined in such a manner
as to be a sufficient guide to others desiring
to locate contiguous areas, and shall have been
demarcated to the satisfaction of the Inspector of
Mines;
(2) A sketch plan shall be furnished on the scale of
1:25,000, showing the topography and main drainage in
such a manner as will illustrate the position of the
boundaries and enable them to be identified upon the
ground; and
(3) No statement of latitude and longitude shall be
considered as defining an exclusive prospecting area.
[Sidenote: Applications to be in duplicate and to be filed.]
5. Applications under the preceding regulation shall be submitted in
duplicate, and one copy shall be filed in the office of the Secretary to
the Administration (or at such other place as the Governor may appoint);
and the file shall be open to inspection at all reasonable times.
[Sidenote: Shape of area of exclusive licence to prospect.]
6. The shape of an area over which an exclusive licence to prospect
may be granted shall be such that the average width, as determined by
dividing the area by the greatest length, is not less than one-third of
the greatest length.
[Sidenote: Form.]
7. An exclusive licence to prospect shall be in Form II. of the Appendix
hereto.
[Sidenote: Fee to be paid.]
8. The fee to be paid for an exclusive licence to prospect shall be £5
per square mile or part of a square mile per annum.
[Sidenote: Obligation of exclusive licences.]
9.—(1) The holder of an exclusive licence to prospect shall, under
penalty of revocation of such licence under the provisions of section
11 of the Proclamation, during the whole of the period for which such
licence is granted, either by himself or his agents, carry on _bonâ fide_
prospecting operations.
[Sidenote: Renewal.]
(2) The Governor may refuse to renew any exclusive licence if satisfied
that _bonâ fide_ prospecting operations have not been carried on.
[Sidenote: Rights of prospector.]