CAP. 285]

Mining.

[1964 Ed.

(4) Notice in writing of intention to appeal from a decision of the Commissioner shall be given by the person wishing to appeal to the Secretary to the Board and to any other person interested in the subject matter of the appeal.

(5) The amount of compensation awarded by the Commissioner or, in the event of an appeal, by the Board shall be paid to the Treasury for the account of the person entitled thereto, within fifteen days of the date on which the amount is notified to the person liable to pay such compensation.

(6) If the amount so awarded is not paid within the time specified in subsection (5), such amount may be recovered by the person entitled thereto by civil action.

(7) In any proceedings in court under subsection (6), a certificate under the hand of the Commissioner or of the Secretary to the Board, as the case may be, specifying the amount of compensation awarded shall, without further proof, be received as conclusive evidence of the amount of compensation payable.

(8) Upon the determination of an appeal under this section, the Board may direct that the unsuccessful party pay to the successful party the expenses reasonably incurred by the successful party in connexion with the appeal, or such portion thereof as the Board may think reasonable having regard to all the circumstances (including the conduct of the appeal, the issues raised thereon and the determination of those issues), and in default of agreement between the parties as to the amount of such expenses, the Board shall determine the same.

(9) Any expenses which the Board directs to be paid under subsection (8) may be recovered by the person entitled thereto by civil action, and the provisions of subsection (7) shall apply as if the reference therein to compensation were a reference to expenses.

(10) Nothing in this section shall prevent an owner or occupier of private land from pursuing any other remedies he may have by law.

Meaning of specified minerals for purposes of this Part.

Possession of specified minerals.

PART VI.

POSSESSION AND PURCHASE OF SPECIFIED MINERALS.

(Amended, 33 of 1960, s. 17)

34. For the purposes of this Part, the term "specified minerals" means any minerals, in their unmanufactured state, to which the Governor may, by order, apply this Part.

(Replaced, 33 of 1960, s. 18)

35. No person shall possess any specified minerals unless he is the lessee of a mining lease or the holder of a prospecting or mining licence, or the holder of a licence granted under section 37

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