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Lateral limits.
Resumption of land required for public purposes.
(Cap. 124.)
(Cap. 341.)
Power of Land Officer and Commissioner to require giving of security, and provisions in connexion therewith.
CAP. 285]
Mining.
(1964 Ed.
64. The lateral limits of the area in respect of which a prospecting or mining licence or mining lease is granted, shall be vertical planes passing through the surface boundaries of such area.
65. (1) Whenever the Governor in Council decides that the resumption of any Crown land within the area of a mining lease is required for a public purpose, the Governor may call upon the lessee thereof to surrender his rights and interests in such land under his lease, and the lessee shall, within two months after the date upon which such decision is communicated to him, execute an instrument of surrender thereof in such form as may be approved by the Land Officer.
(2) In this section, the expression "resumption for a public purpose" has the meaning ascribed to that expression by section 2 of the Crown Lands Resumption Ordinance, but otherwise the provisions of that Ordinance shall have no application to a resumption under the provisions of subsection (1).
(3) If the lessee fails to execute an instrument of surrender within due time as provided in subsection (1), the Governor may revoke the mining lease, and thereupon the lease and the rights of the parties thereunder shall absolutely determine but without prejudice to the rights and remedies of the parties in respect of any antecedent breach, non-observance or non-performance of the provisions thereof.
(4) Compensation shall be paid by the Government to the lessee for disturbance, and also for the loss of reasonable expectation of profits from proved minerals in, under or upon any land resumed under this section.
(5) Any dispute as to what are proved minerals in, under or upon any land resumed as aforesaid, and any dispute as to whether any compensation is payable or as to the amount of such compensation, shall, in default of agreement, be determined by arbitration in accordance with the provisions of the Arbitration Ordinance.
66. (1) In the case of a mining lease, the Land Officer, and, in the case of a prospecting or mining licence, the Commissioner, may-
(a) as a condition precedent to the grant or renewal thereof;
or
(b) at any time during the currency thereof,
require the person to whom the lease or licence is to be granted or whose lease or licence is to be renewed or the lessee or licensee as the case may be, to give, within such reasonable period as he may specify, security for any one or more or all of the following-
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