MINING (GENERAL) REGULATIONS
Title
MINING (GENERAL) REGULATIONS
Description
Regulation.
(GENERAL) REGULATION
ARRANGEMENT OF
REGULATION
2. Interpretation
PART I.
PRELIMINARY
.
[Subsidiary
Page.
PART II.
APPLICATION
S.
3..................................Manner and forms of applications and amendments thereof ... ...
4. Applicants to give notice to owners, etc. of land within area applied for A 4
5....................Marking and inspection of land ... ... ... ... ... ... ... ... A 4
6..................Withdrawal of application ... ... ... ... ... ... ... ... ... A 4
7. Refusal of application on failure to furnish financial security or for want of
working capital ...
8..............Fees and payments ..... ... ... ... ... ... ... ... ... ... ...
9. Maintenance of boundary markers
PART III.
PROSPECTING
LICENCES.
10. Prospecting licence
11. Application to dispose of or retain minerals
12. Duty to fill in excavations
13......Survey ... ...
17. Mining licence
18....................Duty to submit prospecting plan ... ... ... ... ... ... ... ... A 6
19.............................Power to substitute mining lease for mining licence ... ... ... ... A 6
20..................Renewal of mining licences ... ... ... ... ... ... ... ... ... A 6
21.
...
..
A 4
...
..
A 4
...
..
A 4
.......................................A 5
.......................................A 5
.......................................A 5
14......................Minimum expenditure on prospecting ... ... ... ... ... ... ... A 5
15.............................Suspension or reduction of minimum expenditure ... ... ... ... A 5
16...........................Renewal or surrender of prospecting licences ... ... ... ... ... A 6
PART IV.
MINING.
A 6
Grant of mining lease within prospecting licence or mining licence
boundaries........................... ... ... ... ... ... ... ...
22. Obligations in respect of labour and Superintendent's power of modification
tion. Acceptance of horse-power equivalent in substitution ... ...
A6
A6
Regulation.
22A. Interpretation ......................... ... ... ... ... ... ... ... A7
23. 'Application to Commissioner for Authorized Buyer's Licence ... ... A 7
24. Requirement of Mineral Removal Permit ... ... ... ... ... ... A 7
25. Requirement relating to removal of specified minerals by authorized buyers A 7
PART V.
POSSESSION AND PURCHASE OF SPECIFIED
MINERALS.
Page.
PART VA.
DISPOSAL OF MINERALS OTHER THAN THOSE SPECIFIED
IN
MINING LICENCE OR LEASE.
or lease ...
26. Deposit of tailings
27.
PART VI.
TAILINGS AND Dumps.
....
..A8
......................................A 8
Prohibition of dumps without approval ... ... ... ... ... ... A 8
PART VII.
RENTS, PREMIUMS AND FEES.
28.Duty to pay rents, and in advance. Power of Governor in Council to reduce
or remit rents. Application of rents payable prior to enactment of
regulations ... ... ... ...
29. Duty to pay premiums and fees
PART VIII.
ROYALTIES.
30. Royalty
31. Provision of certain advance information
PART M
ACCOUNTS, PLANS Am
32. Duty to keep records, plans and accounts
33.
34.
35.
Revision of plans ... ...
Duty to render returns ...
Authentication of certificates
36. Method of renewal ...
37. Offences and penalties
First Schedule. Forms
Second Schedule. Rents
Third Schedule. Premiums and Fees
A8 A
9
PART X.
MISCELLANEOUS
.
A9
A10
A10
All
All A
13
* 13
* 13
A 13
A 22
A 23
MINING (GENERAL) REGULATIONS.
(Cap. 285, section 67).
PART I
PRELIMINARY.
[15th October, 1954]
1. These regulations may be cited as the Mining (General)
Regulations.
2. In these regulations, unless the context otherwise requires
'temporary marker- means a concrete post not less than three
inches in diameter projecting in an upright position not less than^
two feet above the surface of the ground:
Provided that where cement is not available, timber may be
used.
PART II.
APPLICATIONS.
3. (1) Any person who desires to obtain a prospecting licence, a
mining licence or a mining lease, shall apply to the Superintendent of
Mines in duplicate on the appropriate form prescribed in the First
Schedule.
(2) A plan, in duplicate, of the area applied for, drawn to
the scale of 1:25,000, shall accompany every such application and
shall show-
(a)all important local objects, landmarks, streams and buildings
within the area applied for; and
(b) the topographical features, including the courses and
names, if any, of streams wit adjacent to the area
applied for, as shown on the 1:25,000
topographical sheet
in the map series L 882 covering the district in which the
area lies.
(3) When no question of priority of application arises, the
Superintendent of Mines may permit amendment of any application in
the case of clerical or minor errors in the plan, and the date of any
application so amended shall remain the original date of its first
acceptance, which shall have been endorsed thereon at the time of
acceptance.
4. Not less than four weeks and not more than six weeks after the
making of any application pursuant to the provisions of regulation 3, the
applicant shall, unless his application has been refused, give written
notice of the particulars of such application to the owner and any lawful
occupier of any private land situated within the area to which such
application relates, and shall give or send by registered post to the
Superintendent of Mines a copy of each such notice.
5. At any time after the expiration of fourteen days from the date on
which the notice or, where more than one such notice is required, the
last of such notices was given pursuant to regulation 4, the
Superintendent of Mines, subject to notice having been given to the
owner or occupier, if any, of any private land in question, may inspect,
or cause to be inspected, the area to which the application relates, and
for the purposes of any such inspection may require the applicant,
subject to the consent of such owner or occupier, to erect temporary
markers indicating on the ground the boundaries of the area to which the
application relates.
6. (1) Any applicant who withdraws his application for a
prospecting licence, a mining licence or a mining lease shall pay to the
Treasury the appropriate prescribed fee.
(2) An application for a prospecting licence shall not be withdrawn
after the applicant has marked out within the prospecting area an area in
respect of which a mining licence or a mining lease has been applied for.
7. (1) An application shall be refused if the applicant fails to furnish
any financial security which may be required of him for any purposes for
which security is required under the Ordinance or these regulations.
(2) Notwithstanding that no financial security is required of an
applicant as aforesaid, the Commissioner may refuse to grant an
application for a prospecting licence or a mining licence unless he is
satisfied that the applicant commands sufficient working capital to
ensure adequate prospecting of, or, as the case may be, proper working
of, the area applied for.
8. The applicant shall within fourteen days after demand pay to the
Treasury any payments which may have been demanded, and in the
event of the applicant failing so to do the Commissioner may refuse his
application.
9. All markers indicating the area in respect of which a prospecting
licence, a mining licence or a mining lease has been issued shall at all
times be kept in good condition and repair by the licensee or lessee.
PART III.
PROSPECTING LICENCES.
10. A prospecting licence shall be in the form prescribed in the
First Schedule.
11. (1) Every holder of a prospecting licence who desires to dispose
of or retain any minerals obtained in the course of prospecting shall
apply in writing to the Commissioner, and shall
(a)state the kind and quantity of minerals in respect of which the
application is made; and
(b)state the location from which each mineral was obtained; and
(c)furnish such other information as the Commissioner may
require; and
(d) pay the prescribed fee.
(2) The consent of the Commissioner to the disposal of or retention
of any mineral by the holder of a prospecting licence shall be in writing
and shall specify the kind and quantity of the minerals which may be
disposed of or retained.
12. The holder of a prospecting licence shall fill in or otherwise
render secure, to the satisfaction of the Superintendent of Mines, all
unproductive shafts, excavations or trenches made by him in the course
of prospecting.
13. In the case of a prospecting licence, the Superintendent of
Mines or a mines officer authorized by him shall make a survey in
respect of the whole or part of the boundaries or may postpone such
survey for such time as he may think fit.
14. The expenditure by the holder of a prospecting licence
for prospecting alone shall be at the average rate of not less than
ten dollars per acre per month over each period of six months
during which the licence is in force, the first such period com-
mencing on the date of the licence and, where the licence is
renewed, the second and any subsequent period as aforesaid com-
mencing forthwith upon the expiration of the period immediately
preceding it.
15. On the application of the holder of a prospecting licence and on
payment of the appropriate prescribed fee, the Commissioner, for good
cause shown, may by writing under his hand either suspend the
obligation imposed on the holder of the licence by regulation 14, or
reduce the average minimum rate of expenditure imposed upon the
holder of the licence by the said regulation to such rate, in either case
for a period of six months at any
one time (being a period referred to in regulation 14), as he may deem
proper, and such power may be exercised by the Commissioner
notwithstanding that the period for which suspension of the obligation
or reduction of the average minimum rate of expenditure, as the case may
be, is granted, has commenced to run.
16. Application for the renewal or surrender of a prospecting
licence shall be made through the Superintendent of Mines.
PART IV.
MINING.
17. A mining licence shall be in the form prescribed in the First
Schedule.
18. In addition to the plan furnished in accordance with the
provisions of regulation 3, the applicant shall submit to the
Superintendent of Mines for retention a further plan on a scale not
smaller than 1:25,000 showing all prospecting done on the area in respect
of which the application for a mining licence is made together with the
minerals found and a statement of the ore reserves as calculated from
such prospecting.
19. Where there is reason to believe that the mineral deposit is such
as to justify the grant of a mining lease, such a lease may be granted in
substitution for a mining licence provided that the applicant complies
with the provisions of the Ordinance and of these regulations in respect
thereof.
20. Application for renewal of a mining licence shall be made
through the Superintendent of Mines.
21. (1) The holder of a prospecting licence or mining licence may
apply for a mining lease on the prescribed form.
(2) Where there is reason to believe that the mineral deposit is not
such as to justify the grant of a mining lease, a mining licence may be
granted to the holder of a prospecting licence provided that the
applicant complies with the provisions of the Ordinance and of these
regulations in respect of mining licences.
22. (1) The holder of a mining licence or mining lease shall keep
continuously employed in mining operations on the area to which the
licence or lease relates at least five persons for every
ten acres or part thereof.
(2) Labour-saving apparatus calculated at the rate of
one horse power to five persons may be accepted in sub-
stitution, pro rata, for the number of persons specified in
paragraph (1).
(b) For the purpose of this regulation, the horse-power Of
all internal combustion ignition compression and steam
engines shall be the brake horse power
declared the
manufacturer's specifications.
(3) If it is shown to the satisfaction of the Commissioner that
circumstances have arisen in connexion with any mining licence or
mining lease or the holder thereof which render it necessary for him so
to do, he may, by writing under his hand and on such conditions and for
such time as he may specify, either suspend the obligations of the
licensee or lessee imposed by this regulation or reduce the minimum
number of persons required to be employed for every ten acres to such
number as he may specify.
PART V.
POSSESSION AND PURCHASE OF SPECIFIED
MINERALS.
22A. In this Part, the expression 'specified minerals' means any
minerals, in their unmanufactured state, to which the Governor may by
order apply Part VI of the Ordinance.
23. (1) Any person who desires to obtain an Authorized Buyer's
Licence shall apply in writing to the Commissioner declaring
(a)the class or classes of specified minerals he desires to
purchase;
(b)the address of the godown or other place at which he
proposes to store any specified mineral; and
(c) an address where notices may be served.
(2) The Commissioner may reject any application or may grant the
applicant a licence in the form prescribed in the First Schedule.
24. All specified minerals removed from any mining area shall be
accompanied by a Mineral Removal Permit issued by the Commissioner
in the form prescribed in the First Schedule.
25. All specified minerals removed from an Authorized Buyer's
godown or other place of storage shall be accompanied by an
Authorized Buyer's Removal Permit issued by the Commissioner in the
form prescribed in the First Schedule.
PART VA.
DISPOSAL -OF MINERALS OTHER THAN THOSE
SPECIFIED IN
MINING LICENCE OR LEASE.
25A. The Commissioner may, on payment of the prescribed fee,
grant permission to the holder of a mining licence or mining lease to
dispose of minerals other than those specified in the licence or lease.
PART W-
TAILINGS AND Dumps.
26. The holder of a mining licence or a mining lease, if the area
covered by his licence or lease gives access to a natural watercourse,
may, within such area deposit in the watercourse tailings not in excess
of eight hundred grains per gallon.
Provided that the Superintendent of Mines may by order in writing
prohibit the deposit of tailings in any watercourse, or any part thereof, or
may limit the extent of the deposit in such manner as he may think fit,
and in such event may prescribe the method of deposit.
27. No dumps for overburden, low grade ore or debris may be
started without the approval in writing of the Superintendent of Mines.
PART VII.
RENTS, PREMIUMS AND FEES.
28. (1) The rents set out in the Second Schedule shall be paid by the
persons named therein but the Governor in Council may, in his
discretion, reduce or remit either temporarily or for the remainder of the
term the amount of any rents so payable.
(2) Rents in force at the time of coming into operation of these
regulations shall continue to apply to leases granted prior to that date
but rent for any period of renewal shall be the rent prescribed at the time
of renewal.
(3)(a) Rents shall be payable in advance to the Treasury, and
shall be in addition to any royalties.
(b)Rents which have become payable and are not paid within
thirty days of the date of demand shall be increased by the
addition of a surcharge equal to five per cent of the unpaid
rents and the surcharge and unpaid rents shall become
payable forthwith.
29. The premiums and fees set out in the Third Schedule shall be
paid in respect of the matters mentioned therein but the Governor in
Council may, in his discretion, reduce or remit the amount of any
premium or fee so payable.
PART VIII.
ROYALTIES.
30. (1) When any minerals which have been won by the holder of
any prospecting or mining licence or mining lease, whether or not by
virtue of the licence or lease, are sold or otherwise disposed of by him or
on his behalf, there shall become due and payable to the Crown by such
holder a royalty of five per cent of the value of such minerals.
(2) The value of minerals for the purpose of determining the
amount of royalty payable in respect thereof shall be their value in the
condition in which they were when they were sold or otherwise
disposed of by or on behalf of the person by whom they were won, less
any deductions made under the provisions of paragraph (3).
(3) In determining the amount of royalty payable in respect of any
minerals, the Commissioner may, in respect of any process necessary to
put the minerals in the condition in which they were when they were
sold or otherwise disposed of or in any other respect, make such
deductions as he thinks fit from the value of the minerals as determined
in accordance with the provisions of paragraph (2).
(4) For the purpose of enabling him to determine the amount of
royalty payable in respect of any minerals, the Commissioner may
require the licensee or lessee by whom the minerals were won to
produce to him such accounts, books, records or documents as he may
specify.
(4A) (a) Notwithstanding the provisions of paragraph (1), where by
reason of the fact that the holder of a prospecting or mining
licence or mining lease manufactures goods from minerals that
he has won under his licence or lease the Commissioner is
satisfied that there is no means of assessing the value of such
minerals in accordance with _p
ton
paragraph
which (2), the Commissioner may specify a rate per which
royalty shall be payable in respect of such minerals and the
period for which it shall be payable and royalty at that rate
shall become due and payable to the Crown by such holder.
(b)The holder of a prospecting or mining licence or mining g
lease who is aggrieved by a decision of the Commissioner,
under sub-paragraph (a), as to the rate per ton at which
royalty shall be payable in respect of any minerals may appeal
by way of petition to the Governor in Council.
(c)On any such appeal, the Governor in Council may confirm or
vary the decision of the Commissioner.
(a) Where any royalty has become due and payable to the
Crown and for any reason it is not possible immediately to
determine with sufficient accuracy the value of the minerals in
respect of which such royalty has become so due and payable,
the Commissioner may require the licensee or lessee by whom
such minerals were won to pay to the Crown, by way of
provisional payment of such royalty, such reasonable sum as
he thinks fit having regard to the likely value of such minerals.
(b)If, when the value of such minerals has been duly determined,
the sum paid in accordance with a requirement of the
Commissioner under the provisions of subparagraph (a)
exceeds the amount of royalty actually due and payable in
respect of such minerals, the Commissioner shall forthwith
refund to the licensee or lessee the amount by which such sum
exceeds the amount of royalty so due and payable, and the
balance of such sum shall be regarded as having been paid in
payment of such royalty.
(c)Save as provided in sub-paragraph (b), the sum so paid shall,
when the value of such minerals has been duly determined, be
regarded as having been paid in payment or part payment,
according to the value of the minerals when so determined, of
the royalty so due and payable.
(6) For the purposes of this regulation, the expression
'Commissioner' includes the Superintendent.
31. The Superintendent of Mines, by writing under his hand, may,
at any time and in respect of such period as he may specify, require the
holder of any mining licence or any mining lease to provide him, in
advance of shipment, local sale or other disposal, with information as to
the weight, grade and value of minerals mined under such licence or
lease.
PART M
ACCOUNTS, PLANS AND RETURNS.
32. The holder of a prospecting licence, mining licence or mining
lease shall keep-
(a) accurate and regular accounts;
(b)full particulars of all minerals obtained and the manner of their
disposal;
(c)records of miners and surface workers in connexion with
prospecting or mining operations in such manner as to
enable the rendering of satisfactory returns required by
regulation 34;
(d)the plans required by subsection (1) of section 8 of the
Ordinance and by Part XI of the Mines (Safety) Regulations.
33. (1) The plans required to be kept by subsection (1) of section 8
of the Ordinance shall be revised at least once in every three months
and shall
(a)show all sample points and the assayed value in respect of
each mineral taken by way of a sample from each such point;
(b)show the position of all sample pits and boreholes, the depth to
bedrock in the case of each and the overall value in respect of
each mineral;
(c)show all natural watercourses and prominent topographical
features;
(d) be to a scale of 1:2,500, 1:1,000 or 1:500, which scale
shall be delineated on the plan.
(2) Plans submitted in respect of a mining lease shall, in addition
show
(a) all watercourses, dams and reservoirs;
(b) all buildings;
(c) railways and excavations;
(d) intersection of underground workings; and shall be to a scale of
1: 500 in the case of underground plans and sections.
(3) The scales prescribed in this regulation may be varied in writing
in any particular case by the Superintendent of Mines.
(4) The Superintendent of Mines may require copies of plans
supplied in accordance with subsection (1) of section 8 of the
Ordinance to be certified in accordance with regulation 35.
34. (1) On or before the seventh day of each month, the holder of a
prospecting licence, mining licence or mining lease shall send to the
Superintendent of Mines a written statement setting forth
(a) in the case of a prospecting licence
(i) the month in respect of which the return is being made;
(ii) the name and address of the holder or attorney;
(iii) the number and area of the prospecting licence;
(iv) the mineral or minerals sought;
(v) the average number of miners employed on prospecting
on the area and wages paid;
(vi) any other particulars which the Superintendent of Mines
may require; and
(b) in the case of a mining licence or mining lease
(i) the month in respect of which the return is being made;
(ii) the name and address of the holder or attorney;
(iii) the location of the mining area of the lease;
(iv) the number of the mining licence or the lot;
(v) particulars of the labour employed and the manpower
equivalent calculated in accordance with paragraph (2) of
regulation 22;
(vi) particulars of the wages paid;
(vii) the horse power used for power drilling and monetary
equivalent;
(viii) the number of feet pitting and drilling re-
spectively and subic yards of other excavations during
the month;
(ix) the precise nature of any prospecting
undertaken
during the month and the footage thereof,
(x) the amount of minerals on hand at. the end of the
preceding month;
(xi) the amount of minerals won during the month;
(xii) the amount of minerals dispatched during the month;
(xiii) the amount of minerals on hand at the end of the
month;
(xiv) any other particulars which the Superintendent of
Mines may require.
(2) On or before the 15th day of February in each year, every holder
of a mining licence or mining lease shall send to the Superintendent of
Mines a written statement setting forth his prospecting and mining
operations as a whole during the year ended the previous 31st day of
December including
(a) the average gross cost per foot of shaft digging;
(b)the average gross cost per foot of drilling with manual labour;
(c). the average gross cost per foot with drills-
(d)the average gross cost per cubic yard of other excavations;
(e).the estimated average profit in respect of each ton or other
appropriate unit for each mineral delivered to the buyer but
calculated before allowing for amortization of capital;
in relation to any method of mining with regard to which the
Superintendent of Mines requires the information, the cost of
mining a cubic yard or a ton or other appropriate unit as the
case may be; and
(g)the estimated disbursements in the Colony in respect of local
purchases and such other items as the Superintendent of
Mines may reasonably require.
35. The certificate required by paragraph (4) of regulation 33 shall
be signed and certified to be correct
(a)in the case of an individual licensee or lessee resident in the
Colony, by the licensee or lessee or his attorney;
(b)in the case of an individual licensee or lessee not so resident,
or in the case of a partnership or company having its head
office out of the Colony, by the resident attorney of the
licensee, lessee, partnership or company;
(c)in the case of a partnership having its head office in the
Colony, by all the partners or by the attorney of the partners;
and
(d)in the case of a company incorporated in the Colony, by the
manager or secretary of the company.
PART X.
MISCELLANEOUS.
36. The renewal of a prospecting licence or mining licence may be
made by endorsement on the licence.
37. Any person who contravenes the provisions of regulation 9, 12,
14, 18, 22(1), 24, 25, 26, 27, 31, 32, 33 or 34 shall be guilty of an ofrence
and liable to a fine of one thousand dollars and to imprisonment for six
months.
FIRST SCHEDULE.
FORM 1.
To the Superintendent of Mines.
Number of application
(GENERAL) REGULATIONS.
Application for a Prospecting Licence.
[reg. 3.]
..............
(To be filled in by Mines Department).
1 Name of applicant.
2. Nationality of applicant.
3. Number of identity card.
4. Address at which notices may be served.
5.Whether the applicant intends to
prospect on his own account or as an
employee of any other person.
6. (1)If he is in the employ of any other
person, state the name, nationality
and address of such person.
(2)If the application is made by an
employee evidence of the
employer's consent to the
application.
7.Whether the applicant has previously
made an application for a prospecting
licence, and, if so, whether any such
application was refused.
8. A plan of the area he intends to prospect.
9. The minerals he intends to prospect for.
Dated the day of 19
....................
(Signature fo Applicant.)
To the Superintendent of Mines.
application for a Mining Licence.
FORM II.
MINING (GENERAL)
REGULATIONS
Application for a Mining Licence.
.....................
(To be filled in by Mines Department).
[reg. 3.]
1. Name of applicant.
2. Nationality of applicant.
Number of identity card.
4. Address at which notices may be served.
5.Number of applicant's prospecting licence
(if any).
6.Name of the company, firm or person (if
any) which the applicant represents.
Position or appointment held by
applicant in relation to, or under, such
company, firm or person.
8.Whether the area included is within the
area of a prospecting licence.
9.Whether the area has been prospected by
the applicant and if so, for what period
and with what results.
10. The mineral or minerals to be mined.
application for a mining licence.
memorandum and articles of association
must be lodged with the Superintendent of
Mines, giving the following details
(a) Name of company (if any).
(b)Name, nationality and description
of members or directors (if any).
(c)Amount of nominal capital
subscribed and cash working
capital.
(d)Address at which notices may be
served.
Dated the day of
To the Superintendent of Mines.
Number of application ...................................................
(To be filled In by Mines Department).
FORM III.
(GENERAL) REGULATIONS.
Application for a Mining Lease.
(Signature of Applicant).
(reg. 3.]
1. Name of applicant.
2. Nationality of applicant.
3. Number of identity card.
4. Address at which notices may be served. -
5. The number of applicant's prospecting
licence or mining licence (if any).
6. Name of company, firm or person (if
any) which the applicant represents.
7.Position or appointment held by
applicant in relation to, or under, such
company, firm or person.
8. Plan and description of area.
9. The mineral or minerals to be mined.
A
10. Length of term desired.
Dated the day of
FORM IV.
MINING (GENERAL) REGULATION
REGULATIONS.
Prospecting Licence.
(Signature of Applicant ).
Serial No . ...........................
LICENCE is hereby granted to (1) ............................................................
(hereinafter called the licensee(s) ) to prospect for (2)
within the following area (hereinafter called the prospecting area)
(3)
as delineated approximately on the plan attached hereto and edged red.
[reg. 10.]
2. This licence shall remain in force for six months from the date
hereof, unless previously cancelled under the provisions of the Ordinance,
but unless so cancelled may be renewed by the Commissioner for further terms
of six months each:
Provided that the total period of the original licence together with all
renewals thereof shall not exceed five years.
3. This licence is subject to the fees prescribed by regulations for the
in force under the Mining Ordinance.
4. This licence entitles the licensee(s) to enter upon and prospect
on-
(a) any Crown within, the prospecting area; and
(b) with the prior consent m writing of the owner and any lawful
occupier, any private land(5) within the said area.
5. This licence is not transferable and any right or interest conferred
by this licence is not assignable except with the prior consent in writing of the
Commissioner of Mines.
This licence is subject to the provisions of the Mining Ordinance
and of any regulations made thereunder for the time being in force, and further
is subject to the following terms and conditions3M
Dated the day of
19
..............
Commissioner of Mines.
Notes:
(1) Insert name. address and description of
licensee(s).
(2) Insert class of mineral.
(3) Insert description of boundaries of am.
(4) 'Crown land' is defined by section 2 of the Ordinance to mean all land other
than
private land.
(5) 'Private land' is defined by section 2 of the Ordinance to mean land held
under lease, agreement for lease, tenancy agreement, licence, permit, deed of
appropriation, or other valid title from the Crown, and also land occupied
by Her Majesty's Forces
under lease, licence, permit. requisition or other permanent or temporary
title.
FORM V.
MINING (General) REGULATIONS.
Mining Licence.
Serial No . ...........................
[reg. 17.]
LICENCE is hereby granted to (1)
(hereinafter called the licensee(s) ) to mine for (2)
within the following area (hereinafter called the mining area) (3)
.........as delineated approximately
on the plan attached hereto and edged red.
2. This licence shall remain in force for six months from the date
hereof, unless previously cancelled under the provisions of the Ordinance, but
unless so cancelled may be
renewed by the Commissioner of Mines for further
terms of six
months each:
Provided that the total period of the original licence together with all
renewals thereof shall not,
save with the consent of the Governor, exceed five years.
3. This licence is subject to such rentals, fees, royalties, premiums and
other payments as may be prescribed from time to time by regulations made
under the Mining Ordinance.
4. This licence confers on the licensee(s) the following rights-
to carry out mining operations below the surface of the mining area;
to enter upon, use and carry out mining operations on the surface
of any Crown land(4) within
the said area;
(C) with the prior consent in writing of the owner and any lawful
occupier of any private land(5) within the said area, to enter upon,
use and carry out mining operations on the surface thereof.
5. This licence is not transferable and any right or interest conferred
by this licence is not assignable except with the prior consent of the Commissioner
of Mines.
6. This licence is subject to the provisions of the Mining Ordinance
and of any regulations made thereunder for the time being in force, and further
is subject to the following terms and conditions-
Dated the day of
19
.... Commissioner . missioner
of Mines. ...
Notes:
(1) Insert name. address and description of licensee(s).
(2) Insert class of mineral.
(3) Insert description of boundaries of area.
(4)'Crown land' is defined by ~on 2 of the Ordinance to mean all land other than private
land.
(5)'Private land- is defined by section 2 of the Ordinance to mean land held under lease
agreement for lease tenancy agreement, licence, permit, deed of appropriation, or
other valid title from the Crowm, and also land occupied by Her Majesty's Forces under
under lease, licence, permit, requisition or other permanent or temporary title.
FORM VI.
MINING (GENERAL)
REGULATIONS.
Mineral Removal Permit.
Serial NO . ...........................
[reg. 24.]
Mining Licence/Lot No. No . ........................................................................
Permission is hereby granted to ...............................................................
on behalf of .......................................................................................
to remove (a) ......of (b) .............(a) Quantity.
from ...................................(b) Mineral.
to ........
Signed ...................................................
Date of issue ...19
This permit is valid only for twenty-four hours from date of
issue.
FORM VIII.
MINING (GENERAL)
REGULATIONS.
Authorized Buyer's Removal Permit.
Serial No.
Authorized Buyer's Licence No.
Permission is hereby granted to
on behalf of .......................................................................................
[reg. 25.]
to remove (a) .......of (b) ............(a) Quantity.
(b)
from ................................................................................................
to ................................................................................................... a A ~~
Signed ...................................................
Date of issue ......19
This permit is valid only for twenty-four hours from date of
issue.
Licence is hereby granted to (a) ................................
of (b) .
FORM VIII.
MINING (GENERAL) REGULATIONS.
Authorized Buyer's Licence.
Serial No . ...........................
[reg. 23.]
to purchase (c)
for a period of one year from
CONDITIONS.
Business under this licence shall be transacted by the authorized buyer at
the following addresses
Dated this day of
Fee $500.00 paid by Demand Note No . .......................................
Treasury Receipt No . ................................................
This licence is not transferable.
SECOND SCHEDULE. [reg. 28.]
RENTS.
(1) Per acre, by the holder of a mining licence
(2)
19
................
Commissioner of Mines.
Premiums.
THIRD SCHEDULE.
PREMIUMS AND FEES
[reg. 29.]
(1) Premium per acre on lease not exceeding twenty-one
years
$100.00
.......................................
(2) Premium per acre for each year of renewal of the lease $5.00
(3) Premium per acre on mining licence $5.00
Fees.
(4) For the preparation of a prospecting licence or mining
licence ..................*
$ 250.00
(5) For the preparation of a mining lease $150.00
(6) On each renewal of a prospecting licence or mining
licence ........................ $100.00
(7) Per acre, upon issue or renewal of prospecting licence
(8) On renewal of a mining lease ....$500.00
(9) For sanction to assign a mining lease or a mining i
licence or a prospecting licence or any right or interest
thereunder ......................$150.00
(10) For the Commissioner's consent, referred to in section
18(c) or 21(c) of the Ordinance, wholly or substantially
to discontinue prospecting or mining operations under
a prospecting or mining licence, or referred to in sec-
tion 31(1)(c) of the Ordinance, wholly or substantially
to discontinue mining operations under a mining lease
during a continuous period of six months $ 10.00
(11) For permission to the holder of a prospecting licence
to remove, retain or dispose of minerals $50.00
(12) For permission to dispose of minerals other than those
specified in the mining licence or lease by licensee or
$100.00
(13) For suspension under regulation 15 of the obligation
imposed by regulation 14 on the holder of a prospecting
licence or reduction under regulation 15 of the average
minimum rate of expenditure for prospecting $ 10.00
(14) For suspension of a licensee's or lessee's obligation, or
reduction of the minimum number of persons required
to be employed, under regulation 22 $10.00
(15) For a licence to purchase specified minerals for a period
of twelve months ...............$500.00
(16) The fees payable upon withdrawal of an application
shall be-
(a) Upon withdrawal of an application after the grant
of a temporary title in respect thereof---
(i) if for a mining licence .$ 500.00
(ii) if for a mining lease ..$1,000.00
(b) In any other case upon withdrawal of an applica-
tion for a prospecting licence, mining licence or
mining lease (except upon good cause shown to the
satisfaction of the Superintendent of Mines) $ 150.00
G.N.A. 124/54. G.N.A.130/55. 29 OF 1958. G.N.A. 84/60. G.N.A. 54/61. L.N. 155/63. L.N. 23/66. L.N. 15/71. L.N. 92/71. Citation. Interpretation. Manner and forms of applications and amendments thereof. L.N. 155/63. First Schedule. L.N. 92/71. Applicants to give notice to owners, etc. of land within area applied for. L.N. 155/63. Marking and inspection of land. L.N. 155/63. Withdrawal of application. Refusal of application on failure to furnish financial security or for want of working capital. L.N. 155/63. Fees and payments. Maintenance of boundary markers. Prospecting licence. First Schedule, Form IV. Application to dispose of or retain minerals. L.N. 155/63. Duty to fill in excavations. Survey. Minimum expenditure on prospecting. L.N. 155/63. Suspension or reduction of minimum expenditure. L.N. 155/63. Renewal or surrender of prospecting licences. Mining licence. First Schedule, Form V. Duty to submit prospecting plan. L.N. 155/63. Power to substitute mining lease for mining licence. L.N. 155/63. Renewal of mining licences. L.N. 155/63. Grant of mining lease within prospecting licence or mining licence boundaries. L.N. 155/63. Obligations in respect of labour and Superintendent's power of modification. Acceptance of horse-power equivalent in substitution. L.N. 155/63. L.N. 23/66. Interpretation. L.N. 23/66. Application to Commissioner for Authorized Buyer's Licence. L.N. 155/63. L.N. 23/66. L.N. 23/66. First Schedule, Form VIII. Requirement of Mineral Removal Permit. L.N. 23/66. First Schedule, Form VI. Requirement relating to removal of specified minerals by authorized buyers. L.N. 23/66. First Schedule, Form VII. Permission to dispose of minerals other than those specified in mining licence or lease. L.N. 23/66. Deposit of tailings. Prohibition of dumps without approval. Duty to pay rents, and in advance. Power of Governor in council to reduce or remit rents. Application of rents payable prior to enactment of regulations. Second Schedule. Duty to pay premiums and fees. Third Schedule. Royalty. G.N. A. 54/61. L.N. 23/66. L.N. 23/66. Provision of certain advance information. L.N. 155/63. Duty to keep records, plans and accounts. (Cap. 285, sub. leg.) Revision of plans. L.N. 155/63. Duty to render returns. L.N. 155/63. L.N. 155/63. Authentication of certificates. Method of renewal. Offences and penalties. L.N. 15/71. (a) Quantity. (b) Mineral. (a) Quality. (b) Mineral. (a) Name. (b) Address. (c) Mineral. L.N. 155/63. L.N. 92/71. L.N. 23/66. L.N. 155/63.
Abstract
G.N.A. 124/54. G.N.A.130/55. 29 OF 1958. G.N.A. 84/60. G.N.A. 54/61. L.N. 155/63. L.N. 23/66. L.N. 15/71. L.N. 92/71. Citation. Interpretation. Manner and forms of applications and amendments thereof. L.N. 155/63. First Schedule. L.N. 92/71. Applicants to give notice to owners, etc. of land within area applied for. L.N. 155/63. Marking and inspection of land. L.N. 155/63. Withdrawal of application. Refusal of application on failure to furnish financial security or for want of working capital. L.N. 155/63. Fees and payments. Maintenance of boundary markers. Prospecting licence. First Schedule, Form IV. Application to dispose of or retain minerals. L.N. 155/63. Duty to fill in excavations. Survey. Minimum expenditure on prospecting. L.N. 155/63. Suspension or reduction of minimum expenditure. L.N. 155/63. Renewal or surrender of prospecting licences. Mining licence. First Schedule, Form V. Duty to submit prospecting plan. L.N. 155/63. Power to substitute mining lease for mining licence. L.N. 155/63. Renewal of mining licences. L.N. 155/63. Grant of mining lease within prospecting licence or mining licence boundaries. L.N. 155/63. Obligations in respect of labour and Superintendent's power of modification. Acceptance of horse-power equivalent in substitution. L.N. 155/63. L.N. 23/66. Interpretation. L.N. 23/66. Application to Commissioner for Authorized Buyer's Licence. L.N. 155/63. L.N. 23/66. L.N. 23/66. First Schedule, Form VIII. Requirement of Mineral Removal Permit. L.N. 23/66. First Schedule, Form VI. Requirement relating to removal of specified minerals by authorized buyers. L.N. 23/66. First Schedule, Form VII. Permission to dispose of minerals other than those specified in mining licence or lease. L.N. 23/66. Deposit of tailings. Prohibition of dumps without approval. Duty to pay rents, and in advance. Power of Governor in council to reduce or remit rents. Application of rents payable prior to enactment of regulations. Second Schedule. Duty to pay premiums and fees. Third Schedule. Royalty. G.N. A. 54/61. L.N. 23/66. L.N. 23/66. Provision of certain advance information. L.N. 155/63. Duty to keep records, plans and accounts. (Cap. 285, sub. leg.) Revision of plans. L.N. 155/63. Duty to render returns. L.N. 155/63. L.N. 155/63. Authentication of certificates. Method of renewal. Offences and penalties. L.N. 15/71. (a) Quantity. (b) Mineral. (a) Quality. (b) Mineral. (a) Name. (b) Address. (c) Mineral. L.N. 155/63. L.N. 92/71. L.N. 23/66. L.N. 155/63.
Identifier
https://oelawhk.lib.hku.hk/items/show/3113
Edition
1964
Volume
v19
Subsequent Cap No.
285
Number of Pages
23
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MINING (GENERAL) REGULATIONS,” Historical Laws of Hong Kong Online, accessed April 30, 2025, https://oelawhk.lib.hku.hk/items/show/3113.