Royalties.
Governor may close Breas to prospect- ing or mining.
Governor
may
(c) land which is the site of, or is within one hundred yards of, any Government or public building, the limits of any reservoir or catchment area. or any road in use by vehicular traffic, or any land which is the site of or forms part of any thoroughfare, except with the prior consent in writing of the Director of Public Works and subject to such conditions as he may impose;
(d) land actually under cultivation, except with the prior consent in writing of the owner and any lawful occupier of the land;
(e) land which is the site of, or is within one hundred yards of, any building, except with the prior consent in writing of all persons having any estate or interest in such land or building.
10. There shall be paid in respect of all minerals obtained in the course of prospecting or mining operations such royalties as may be prescribel :
Provided that no royalty shall be payable on any mineral sample certified by the Superintendent as being required solely for the purpose of assay or experiment or as a scientific specimen and not being of a greater quantity than in his opinion is necessary for such purpose.
11. (1) The Governor may, by notice in the Gazette, declare any area to be closed to prospecting or mining, either generally or for any specified mineral and for such period as may be specified in such notice or without period assigned, and thereupon a prospecting licence, mining licence or mining lease, whether granted before or after publication of such notice, shall not be taken to authorize the holder or lessee to prospect or mine, as the case may be, in contravention of the terms of such notice.
(2) The Governor may grant authority on such terms as he may think fit to any person (including the holder of any existing licence or lease) to prospect or mine in, under or upon any land which has been declared to be closed to prospecting or mining.
12. The Governor may, by notice in the Gasette, prohibit all prohibit all prospecting or mining for any specified mineral, and thereupon a prospecting licence, mining licence or mining lease, whether
学
granted before or after publication of such notice, shall not be prospect- taken to authorize the holder or lessee lo prospect or mine, as the no case may be, for the specified mineral.
mining for specified minerals.
netion in
13. (1) Where any area has been closed to prospecting or Compepas- mining under section 11, or where prospecting or mining has been tion where prohibited under section 12, compensation shall be paid by the taken Government to the holder of a prospecting or mining licence or onfer the lessee of a mining lease who is adversely affected by such or 12. closure or prohibition.
(a) Compensation shall only be paid in respect of disturbance and loss of reasonable expectation of profits from proved minerals in, under or upon any land within the area in respect of which the prospecting or mining licence or the mining lease, as the case may be, is held.
(3) Any dispute as to what are proved minerals in, under or upon any land to which this section relates, and any dispute as to whether any compensation is payable or as to the amount of such compensation, shall, in default of agreement, be deter- mined by arbitration in accordance with the provisions of Order XXV of the Code of Civil Procedure.
PART EL
PROSPECTING.
section 11
14. (1) The Commissioner may grant to any person apply- Prospecting ing therefor in the prescribed manner and on payment of the licences. prescribed fee a prospecting licence.
(2) A prospecting licence shall be in the prescribed form and shall be subject to such terms and conditions as the Commissioner may determine.
(3) A prospecting licence shall not he transferable and any right or interest conferred thereby shall not be assignable except with the prior consent in writing of the Commissioner.
(4) A prospecting licence shall remain in force for six months from the date thereof, unless previously cancelled under the provisions of this Ordinance, but a licence not so cancelled may be renewed by the Commissioner for one further term of sis months.