1954-HKRS28-8-21_Part03 — Page 11

PA J

Property

in and

"regulations" means any regulations for the time being in force,

made under the provisions of this Ordinance;

"Superintendent" means the Superintendent of Mines appointed

under the provisions of section 441

"tailings" means all gravel, sand, slime or other substance which

is the residue of mining operations.

PART [1.

GENERAL PROVISIONS.

I is hereby declared that the entire property in and control of all minerals and mineral oils in, under or upon any lands or under any waters within the Colony is vested in the declared to Crown, save in so far as such property and control may be

control of minerals

be vested

in the

Crown.

Prospecting and mining restricted.

Ordinance

not to

apply to

mineral

oils.

Saving of

sacred

Areas,

trees and other objects of veneration.

limited by any express grant by the Crown.

Save as provided in this Ordinance, no person shall prospect or mine in, under or upon any lands or under any waters within the Colony.

5. Nothing in this Ordinance shall be construed so as to confer any right to prospect for or to win any mineral oil.

6. (0) Nothing in this Ordinance shall be construed so as to sanction prospecting or mining is, under or upon any area held to be sacred or to sanction the injury or destruction of any tree or other thing which is the object of veneration.

(2) If any question arises under this section as to whether any area is held to be sacred or whether any tree or other thing is the object of veneration, such question shall be referred, where the area or the tree or other thing is situate in the New Territories, to the District Commissioner, and in any other case, to the Secretary for Chinese Affairs; and the decision of the District Commissioner or Secretary for Chinese Affairs, as the case may be, shall be final.

mining

7. (1) When not resident in the Colony every holder of a Holder of prospecting or mining licence and every lessee of a mining lease title not shall at all times have a duly authorized attorney, approved by resident in the Land Officer, resident in the Colony, with full power to to appoint

Hong Kong represent the holder or lessee in all matters relating to his licence attorney

resident in or lease, and shall, within one month after appointing such Hong Kong. attorney or making any change in such appointment, produce to the Land Officer the original of the power of attorney or of the document whereby such power of attorney is altered, and supply a copy thereof for his retention.

(2) If the holder of a prospecting or mining licence or the lessee of a mining lease fails to comply with any of the provisions of subsection (1), the Land Officer may, by a notice published in the Gaselte, prohibit the continuance of operations in the area the subject of the licence or lease.

(3) If any such defauli continues for three months after the publication of the notice mentioned in subsection (2), the Land Officer may, by a further notice published in the Gaseffe, revoke the licence or lease.

(1) Every holder of a prospecting or mining licence and Plans of every lessee of a mining lease shall, at all times, keep correct prospect.

ing and plans of all prospecting or mining done, and correct records of mining all minerals found and ore reserves calculated on the arca operations. the subject of his licence or lease, and shall supply to the Superintendent, on request, copies of such plans and records.

(2) The plans required to be kept by subsection (1) shall be on the prescribed scale.

9. No prospecting licence, mining licence or mining lease Lands granted under this Ordinance shall be deemed to authorize excluded

from prospecting or mining on or in, or the occupation of, any of the prospect- following lands-

ing sad mining.

(a) land set apart for, or used for or appropriated or dedicated to, any public purpose (other than mining), except with the prior consent in writing of the Director of Public Works and subject to such conditions as he may impose; (b) land appropriated for any railway or situate within one hundred yards of any railway, except with the prior consent in writing of the General Manager of Railways and subject to such conditions as he may impose;