1954-HKRS29-8-21_Part03 — Page 15

Require

mente as to capital

Duration

and

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24. (1) An applicant for a mining lease shall satisfy the Land Officer that he commands sufficient working capital to ensure the proper development and working of the area applied for, and the Land Officer may require the applicant to furnish a guarantee of a bank or person approved by the Land Officer, for such amount and in such form as he may determine,

(2) In the event of the applicant failing to satisfy him as aforesaid or, when so required, to furnish a guarantee to the salisfaction of the Land Officer, the Land Officer may refuse the application, but the applicant may make a fresh application at any time,

26. (1) A mining lease may be granted for such term not renewal of being more than twenty-one years as the Land Officer may deter-

miine:

mining lense.

Rights under a mining licence or raining

lease.

Provided that the Governor in Council may authorize the grant of a mining lease for a term of more than twenty-one years, (2) If, during the term originally granted or any renewal thereof

(a) the lessee has carried on work in a normal and business-

like manner;

(b) the lessee has in all respects performed and observed all

the terms and conditions of the lease; and

(c) the lessee has given to the Land Officer not less than six months' prior notice in writing of his desire to obtain renewal of the lease,

the lessee may be granted, on payment of the prescribed fee and subject to the provisions of this section, a renewal of the lease for such term as may be approved by the Land Officer, not exceeding twenty-one years, upon the conditions and subject to such rentals, fees, royalties, premiums and other payments as are then applicable to new leases and subject to such covenants and conditions as the Land Officer may determine.

26. A mining licence or mining lease shall be deemed to confer on the holder or lessee the following rights-

(a) to carry out mining operations below the surface of the area in respect of which the licence or lease is granted; (b) to enter upon, use and carry out mining operations on the surface of any Crown land within the said area; and

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(e) with the prior consent in writing of the owner and any lawful occupier of any private land within the said area, to enter upon, use and carry out mining operations on the surface thereof.

27. The lessee of a mining lease shall not assign, mortgage, Assign- charge, underlet or otherwise alienate or dispose of any of his ment etc. of mining rights under the lease, or enter into any agreement so to do, rights. without the prior consent in writing of the Land Officer.

28. (1) The holder of a mining licence or mining lease shall Diversion

་ཆརན་པའི་མན་ནས་གར་

(a) divert the waters of any river, stream, spring, reservoir, filter-bed, well or water course, without the prior consent in writing of the Superintendent; or

(b) pollute, or permit to become polluted, any water, or in any way render such water unfit for the purpose for which it is being used.

(a) Any holder of a mining licence or mining lease who contravenes any of the provisions of subsection (1) may, without prejudice to any other remedy therefor, be required by the Super- intendent to take such action as may be directed to prevent a continuance or recurrence of such contravention and within such time as may be specified.

or pollution of waters prohibited.

water.

19. Every person who uses water in connexion with mining Purifea- operations, whether for the generation of power or for the removal tion of of mineral substances or for concentrating, milling or otherwise, shall make such provision as will ensure that all water so used shall not contain any injurious substance in quantities likely to prove detrimental to human, animal or vegetable life when it leaves the mining area in which it has been so used.

30. If at any time it is shown to the satisfaction of the Power of

Commis- Commissioner that a mine is in such condition as to render mining

sioner to dangerous to the safety or health of persons employed in or about close such mine, the Commissioner may order either that such mine be mine. closed, and a notice to that effect be published in the Gazelle, or that such works be executed as will enable mining to be carried out with due regard to the safety or health of persons employed in or about such mine.