8. All disputes between holders of exclusive licences to prospect in

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.]

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