1954-HKRS29-8-21_Part03 — Page 17

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(3) It either of the parties is dissatisfied with the decision of the Commissioner, such party may, within fifteen days of such notification, appeal to the Mining Compensation Board, whose decision thereon shall be final and conclusive and shall be notified to the parties.

(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 Commis- sioner 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 success- ful 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.

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for pay-

35. (1) In the case of a prospecting or mining licence, the Security Commissioner may, at any time, require the holder, and in the ment of case of a mining lease, the Land Officer may similarly require compensa the lessee, to give security for the payment of compensation be required.

tion may which may become payable under section 34.

(*) Such security shall be of such amount as the Commis- sioner or the Land Officer, as the case may be, shall determine, and may be given by way of a cash deposit with the Accountant General or a guarantee of a bank or person approved by the Commissioner or the Land Officer, as the case may be.

PART VI

POSSESSION AND PURCHASE OF MINERALS.

36. For the purposes of this Part, the term "minerals" Meaning of means the metalliferous minerals, in their unmanufactured state, "minerale"

For classified in paragraph (c) of the definition of the word "mineral" purposes in section 2 and any other minerals to which the Governor may, of this by order, apply this Part.

37. No person shall possess any minerals unless he is the Possession lessee of a mining lease or the holder of a prospecting or mining minerals. licence, or a holder of a licence granted under section 39 or is the

duly authorized employee of such lessee or holder.

38. No person shall purchase any minerals unless he is the Purchase holder of a licence granted under section 39.

of

minerals.

minerals.

30. (1) The Superintendent may, on payment of the pre- Licence to scribed fee, issue an Authorized Buyer's Licence in the prescribed purchase form authorizing the person named therein to purchase minerals, and may attach to the licence such conditions as he may think fit. (2) Every such licence shall continue in force for one year from the date thereof, unless previously cancelled, and shall not be transferable.

40. No person shall sell any minerals to a purchaser within the Duty of Colony, unless he has first satisfied himself that the purchaser seller of minerals is the holder of an Authorized Buyer's Licence authorizing him to satisfy to purchase such minerals.

himself

that purchaser

la licensed

to buy.