RADIO-ACTIVE MINERALS ORDINANCE

RADIO-ACTIVE MINERALS ORDINANCE

CHAPTER 145.

RADIO-ACTIVE MINERALS.

To regulate and control prospecting and -mining for rtidioactive
minerals and the export thereof and for purposes connected
therewith.

[27th August, 1948.]

1. This Ordinance may be cited as the Radio-Active

Minerals Ordinance.

2. In this Ordinance

toattempt to export' rneans to do any act preparatory io or for the
purpose of exportation, not being an act connected with an
application for a permit to export;

'export' means to take or cause to be taken out of the Colony by
land, air or water, and includes the export of anything taken or
sent from any country and brought into the Colony by land, air or
water (whether or not landed or transhipped in the Colony) for the
sole purpose of being carried to another country either by the
same or another conveyance ;

'licence' means a licence issued tinder the provisions of Section 3 ;

'mine' includes all operations for the intentional winning or obtaining
of any radio-active mineral;

permit means a permit issued under the provisions of section 5

prospect means to search for any radio-active mineral and includes
such working as is reasonably necessary to enable the prospector
to test the radio-active mineral-bearing qualities of the area
concerned;

'radio-active mineral' means any substance specified in the Schedule.

3. (1) Notwithstanding anything in the Prospecting

and Mining Ordinance, 1906, contained no person shall

within the Colony prospect for or mine, or attempt to

prospect for or mine, any radio-active mineral except under

and in accordance with a licence granted by the Governor.





(2) If any such mineral is discovered in the course of prospecting
under a licence granted in accordance with section 2 of the Prospecting
and Mining Ordinance, 1906 the holder of such licence shall
immediately notify the Colonial Secretary of such discovery.

(3) If any such mineral is discovered in the course of mining under
a licence granted in accordance with section 3 of the Prospecting and
Mining Ordinance, 1906, no such mineral shall be removed without the
consent of the Governor.

4. Every holder of a licence shall within the first week of every
month furnish the Colonial Secretary with a true report in writing of
the prospecting and mining operations conducted by him in the
immediately preceding month with respect to radio-active minerals.

5. No person shall export, or attempt to export, from the Colony
any radio-active mineral except under and in accordance with a permit
granted by the Director of Commerce and Industry in that behalf.

absolute 6. The grant of a licence or a permit shall be in the absolute
discretion of the person authorized to issue such a licence or permit
who shall be under no obligation to 'sign any reason for refusing the
grant thereof.

7. Every licence shall be subject to the payment of such fee as the
Governor may determine and shall be in such form and for such period
and shall contain such terms and conditions as the issuing authority
may think fit to impose.

8. (1) Any person who-

(a)prospects for or mines, or attempts to prospect for or mine,
any radio-active mineral within the Colony without a licence;
or

(b)being the holder of a licence, prospects for or mines, or
attempts to prospect for or mine, radio-active mineral
within the Colony otherwise than in accordance with any
term or condition of his licence; or





(c)being the holder of a licence issued in accordance with the
provisions of the Prospecting and Mining, Ordinance, 1906
fails to comply with the requiremerits of subsections (2) and
(3) of section 3 Of this Ordinance; or

(d)being the holder of a licerice, fails to comply with the
requirements of section 4; or
(e) exports, or attempts to export, from yhe Colony
any radio-active mineral without a permit; or
(f) being the holder of a
permit, exports, or attempts to export, from the Colony any
radio-active mineral otherwise than in accordance with any
term or condition of his permit; or

(g) obtains, or attempts to obtain, a licence or permit by means of any false
statement or representation; shall, upon summary conviction, be liable
to a fine of five thousand dollars and to imprisonment for one year.

(2) The court before which any person is convicted of an offence
under subsection (1) shall order the forfeiture of any radio-active
mineral or prospecting or mining apparatus derived from, or employed
in the commission of any act in respect of which such person was
convicted.

9. (1) Any police officer of or above the rank of subinspector or
any other officer or class of officers authorized in writing by the
Governor in that behalf, may, for the purposes of enforcing the
provisions of this Ordinance, without warrant or other legal process

(a)enter and search any place where he has reasonable grounds
for suspecting that an offence under this Ordinance lias.
been, or is about to be, committed;

(b)search any person whom he has reasonable grounds for
suspecting to have committed, or to be about to commit, an
offence under this Ordiiiance;

(c)arrest any person whoin he has reasmiable grounds for
suspecting to have committed, or to be about to commit, an
offence under this Ordinance;

(d)seize any radio-active mineral or prospecting or mining
apparatus connected therewith which he has reasonable
grounds to suspect to be, or to be about to be, derived from,
or employed in, the commission of any offence under this
Ordinance.





(2) Where any person is arrested, or any radio-active minerals or
prospecting or mining apparatus is seized, tinder the provisions of
subsection (i), such person, mineral aiid apparatus shall, as soon as
practicable, be brought before a magistrate.

(3) Any person who obstructs, or attempts to obstruct, whether
actively or passively, any officer in the execution, or purported
execution, of his duties under this section, shall be liable, upon
summary conviction, to a fine of two thousand dollars and to
imprisonment for six months.

10. The Governor in Council may by order alter, vary or in any
manner amend the Schedule to this Ordinance.

11. Nothing in this Ordinance shall be deemed to exempt any
person from compliance with the provisions or requirements of the
Prospecting and Alining Ordinance, 1906, or the Importation and
Exportation Ordinance, or anv other enactment.

12. The Governor in Council may make such regulations for giving
better effect to the provisions of this Ordinance as he may deem to be
necessary or expedient.

SCHEDULE. [ss. 2, 10.]

(1)Any mineral containing uranium or thorium and, in particular and without
prejudice to the generality of this paragraph, the substances hereinafter set
out in this Schedule.

(2)Minerals of the pitchblende group, including pitchblende, uraninite,
ulrichite, broggerite cleveite and related mineral species.

(3)Secondary uranium minerals including torbernite, autunite, uranite,
rutherfordine, uranophane gummite, thorogummite, uranocircite, kasolite,
becquerelite, and other silicates, hydrates, carbonates, phosphates or
arsenates of uranium.

(4)Carnotite, tyuyamunite, and related uranium-bearing vanadate ores.

(5)Uranium-bearing ores, including euxenite, polycrase, blomstrandine,
priorite, samarskite, fergusonite, betafite and related minerals.

(6) Monazite thorite, and thorianite
43 of 1948. Short title. Interpretation. Prospecting and mining restricted. (7 of 1906). Holder of licence to report his operations. Export restricted. Granted of licence or permit discretionary. Form of licence. Offences. [s. 8 cont.] Powers of examination. Power to vary Schedule. Saving (7 of 1906). (Cap. 50) Regulations G.N.A. 279 OF 1948.

43 of 1948. Short title. Interpretation. Prospecting and mining restricted. (7 of 1906). Holder of licence to report his operations. Export restricted. Granted of licence or permit discretionary. Form of licence. Offences. [s. 8 cont.] Powers of examination. Power to vary Schedule. Saving (7 of 1906). (Cap. 50) Regulations G.N.A. 279 OF 1948.

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