14
Power of Commissioner to close mine.
Acceptance of rent not to operate as a waiver of right of re-entry or forfeiture.
Power of Land Officer to revoke a mining lease.
CAP. 285]
Mining.
[1964 Ed.
29. If at any time it is shown to the satisfaction of the Commissioner that a mine is in such condition as to render mining dangerous to the safety or health of persons employed in or about such mine, the Commissioner may order either that such mine be closed, and a notice to that effect be published in the Gazette, or that such works be executed as will enable mining to be carried out with due regard to the safety or health of persons employed in or about such mine.
30. The acceptance by or on behalf of the Crown of any rent shall not operate as a waiver by the Crown of any right of re-entry accruing or of any forfeiture incurred by reason of the breach of any of the provisions of this Ordinance or the regulations or of any covenant or condition, express or implied, in any lease granted under this Ordinance.
31. (1) Subject to the provisions of subsections (2), (3), (4) and (5), the Land Officer may, by notice in writing, revoke any mining lease in any of the following cases, that is to say- (Amended, 33 of 1960, s. 14)
(a) if the lessee or any attorney, partner, agent or servant of such lessee is convicted of any offence against this Ordinance or the regulations made thereunder; (Replaced, 33 of 1960, s. 14)
(b) if the lessee commits any breach of the provisions of this Ordinance, or of the regulations made thereunder, or of the terms or conditions whether express or implied of his lease, not amounting to an offence against this Ordinance or the regulations made thereunder, and, on being given an opportunity to show cause as required by subsection (2), fails to show cause within a reasonable time or shows cause which is in the opinion of the Commissioner inadequate; (Replaced, 33 of 1960, s. 14)
(c) if, without the consent in writing of the Commissioner, the lessee wholly or substantially discontinues mining operations during a continuous period of six months; or (Amended, 33 of 1960, s. 14)
(d) if the lease has been granted in error, whether such error relates to the area or to the boundaries or to any other matter whatsoever. (Amended, 33 of 1960, s. 14)
(2) The lessee or his attorney shall be given an opportunity to show cause why the lease should not be revoked.
(3) Before a lease is revoked under the provisions of subsection (1), the Land Officer shall give notice in writing of his intention to the lessee or his attorney, specifying the reasons for the proposed revocation, and the lessee or his attorney may, within one month after receipt of such notice, appeal by way of petition to the Governor in Council against the proposed revocation.
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