1964 Ed.]
Mining.
[CAP. 285
15
(4) A petition to the Governor in Council under the provisions of subsection (3) shall be lodged with the Clerk of Councils.
(5) On consideration of the petition, the Governor in Council may make such order as he thinks proper and such order shall be final.
PART V.
COMPENSATION.
pensation Board.
32. (1) For the purpose of hearing appeals under section 33, a Mining Compensation Board (hereinafter referred to as the Board) shall be established, and shall consist of a Chairman and two other members appointed by the Governor.
(2) The members of the Board shall retain their membership during the Governor's pleasure and, subject thereto, for such period as may be specified in their instruments of appointment.
(3) The procedure of the Board on the hearing of an appeal shall, subject to any regulations made in that behalf under section 67, be of an informal character, but shall be such as to allow each of the parties an adequate opportunity to present his case.
(4) The Governor shall appoint a Secretary to the Board, and may determine his remuneration, if any.
33. (1) Reasonable compensation for-
(a) the use of the surface of any private land within the area of a prospecting or mining licence or of a mining lease and any disturbance of the surface rights in such land; and
(b) any damage to any land wherever situate or to anything built, planted, grown or standing thereon caused by prospecting or mining operations,
shall be paid by the person prospecting or mining to the owner of the land and any lawful occupier thereof. (Replaced, 33 of 1960, s. 15)
(2) Any dispute as to whether any compensation is payable under subsection (1), or as to the amount of any compensation so payable, may, in default of agreement, be referred to, and determined by, the Commissioner, who shall notify the parties of his decision.
(3) If any of the parties is dissatisfied with the decision of the Commissioner, such party may, within fifteen days of such notification, appeal to the Board, whose decision thereon shall be final and conclusive and shall be notified to the parties.
Compensation for disturbance of surface rights, etc.