First Previous (PART III. Compulsory Acquisition of Unworked Minerals and of Mining Facilities.) Next (PART V. The Mining Board.)

31 1940

MINERALS DEVELOPMENT ACT, 1940

PART IV.

State Minerals.

State mining leases.

26. —(1) If, in the opinion of the Minister, it is in the public interest that any State minerals should be granted by way of lease to any person, the Minister may demise such minerals to such person by way of lease (in this Act referred to as a State mining lease) for such term as the Minister shall think proper.

(2) The following provisions shall apply and have effect in relation to every State mining lease, that is to say:—

(a) unless the Minister, with the concurrence of the Minister for Finance, is of opinion that such lease should in the public interest be made free of payment, such lease shall be made subject to the payment to the Minister of such moneys, whether by way of fine or preliminary payment or by way of rent (including a royalty rent) or by any or all of such ways, as the Minister, with the concurrence of the Minister for Finance, shall think proper and shall agree upon with the lessee;

(b) such lease shall contain such (if any) covenants, conditions and subsidiary agreements on the part of the Minister or of the lessee as the Minister shall consider proper or desirable in the public interest and shall agree upon with the lessee;

(c) such lease may contain a clause providing for the renewal or successive renewals thereof, either unconditionally or subject to such conditions as shall be stated in such lease;

(d) the Minister for Finance shall be a party to such lease.

(3) In exercising the respective powers conferred on them by this section, and in particular, in determining what (if any) payment should be made to the Minister by the lessee under a State mining lease and what (if any) covenants or conditions should be contained in such lease the Minister and the Minister for Finance may take into consideration the general advantages that are likely to accrue to the State from the development of the State minerals demised by such lease and also the extent to which it is desirable, in the public interest, that any of the minerals raised under such lease should be conserved for use within the State as raw materials for industries that are or may be established within the State.

Furnishing of information by lessees of State mining leases.

27. —(1) Every lessee under a State mining lease shall furnish to the Minister, within twenty-eight days after being required by the Minister so to do, such information as the Minister may, at any time, require in relation to the minerals demised by such lease or to the working of such minerals.

(2) The Minister may make regulations in relation to the furnishing by lessees of State mining leases of information in regard to the minerals or the working of the minerals demised by such leases, and such regulations may require the furnishing of such information in addition and without prejudice to the information required to be furnished under the next preceding sub-section of this section.

(3) If any person who is required by this section or by any regulation made thereunder to furnish any information to the Minister,—

(a) fails or refuses to furnish such information, or

(b) knowingly furnishes any such information which is false or misleading in a material particular, or

(c) otherwise makes default in complying with the provisions of this section or of any regulation made thereunder,

he shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and, in the case of a continuing offence, a further fine not exceeding ten pounds for every day during which such offence is continued.

Grant of State mining permissions.

28. —(1) Where—

(a) any substances to which this section applies are comprised in a deposit of State minerals, and

(b) any person desires to obtain permission to work any one or more of such substances in small quantities, and

(c) such person satisfies the Minister that, on account of the small value or quantity of such substances which he desires to work, or the limited period for which he desires to work them, or for any other reason, the permission required is of trifling importance and will not materially affect the said deposit of State minerals,

the Minister may, if he so thinks fit, on the application of such person in accordance with this section, grant to such person a right (in this Act referred to as a State mining permission) to work such substances in small quantities.

(2) Every State mining permission granted under this section shall be in writing and shall operate and be expressed to confer on the person to whom it is granted a right to work such of the substances to which this section applies as are therein specified and to do anything incidental to the working of such substances, but subject to such restrictions as to quantity of minerals to be worked and as to duration of working and to such other terms and conditions as may be similarly specified.

(3) A State mining permission may either (as the Minister, after consultation with the Minister for Finance, shall think fit) be made free of charge or be made subject to the payment by the person to whom it is granted of such moneys, whether by way of fine, or other preliminary payment or by way of rent (whether dead rent or royalty rent) or all or any of those ways as the Minister, after such consultation as aforesaid, shall think proper.

(4) A State mining permission shall not operate to confer on the grantee thereof an exclusive mining right in respect of the minerals to which such permission relates.

(5) This section applies to all scheduled minerals and to all mineral compounds and mineral substances, and, in this section, the expression “substance to which this section applies” shall be construed accordingly.

Saving in respect of State lands.

29. —The Minister shall not grant a State mining lease or a State mining permission in respect of minerals which lie on or under land vested in or in the occupation of any other Minister of State, save after consultation with such Minister.

Right of Minister to work and dispose of State minerals.

30. —(1) It shall be lawful for the Minister, with the consent of the Minister for Finance, at any time, subject to the terms of any lease, licence, or permission granted by him under this Act, to work State minerals, wherever they are situate, and to sell or otherwise dispose of the minerals obtained by such working.

(2) Whenever the Minister sells or disposes of minerals under this section, the proceeds of such sale or disposal shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

Right of entry and user of land containing State minerals.

31. —(1) Where there are State minerals lying on or under any land, it shall be lawful for the Minister, at any time, subject to the terms of any lease, licence, or permission granted by him under this Act, to enter on and use such land in such manner as may be reasonably necessary for the purpose of working such minerals or for any purpose incidental thereto.

(2) Where State minerals are comprised in any State mining lease or State mining permission, the lessee of such lease or the holder of such permission (as the case may be) may, during the currency of such lease or permission, enter on the land on or under which such minerals lie and use such land in such manner as may be reasonably necessary for the working of such minerals or for any purpose incidental thereto.

(3) Whenever damage to the surface of any land is caused, directly or indirectly, either—

(a) by working or doing anything incidental to the working of State minerals, or

(b) by exercising a right of entry and user of land conferred by this section,

the person causing such damage, whether he is the Minister, the lessee of a State mining lease, or the holder of a State mining permission, shall be liable to pay compensation (in this Act referred to as compensation for damage under Part IV) for such damage.

(4) The amount of compensation for damage under Part IV shall, in default of agreement, be determined in accordance with the provisions of Part VII of this Act.

Fencing of abandoned State minerals.

32. —(1) Where the working of any State minerals has been abandoned or discontinued, whether before or after the passing of this Act, the Minister may cause the top or entrance of every shaft or outlet used in connection with such working to be kept surrounded by a structure of a permanent character sufficient to prevent accidents, and may enter on any land for the purpose of so doing.

(2) The Minister may authorise any person in writing to exercise for and on behalf of the Minister the powers conferred by the foregoing sub-section of this section on the Minister, and, whenever the Minister so authorises any person, such person (in this section referred to as an agent of the Minister) may in the name and for and on behalf of the Minister exercise such powers.

(3) If any person obstructs or interferes with an agent of the Minister in exercise of the powers conferred on such agent by virtue of the foregoing provisions of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) No compensation shall be payable in respect or in consequence of the exercise of the powers conferred by or under this section on the Minister or an agent of the Minister.

(5) Nothing in this section contained shall exempt any person from any liability under any other Act or otherwise.