1954-HKRS29-8-21_Part03 — Page 22

Power of Governor in Council to make regulations.

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(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 Order XXV of the Code of Civil Procedure.

68. (1) The Governor in Council may by regulation prescribe or provide for-

(a) all matters which by this Ordinance are required or

permitted to be prescribed;

(b) the manner in which application for prospecting licences, mining licences and mining leases shall be made, and the forms to be used;

(c) the rentals, fees, premiums and other payments to be paid for prospecting licences, mining licences and mining leases;

(d) the rates of royalties to be paid to the Government, the method of calculation of the amount of such royalties and the manner and time of payment thereof;

(e) the extent of the areas in respect of which prospecting licences, mining licences and mining teases may be granted;

( the manner in which areas and boundaries shall be surveyed and marked, and the fees payable in respect of such survey;

(g) the working obligations in respect of mining licences

and leases;

(0)

(h) the construction and use of roads, tramways and railways; the making of pits and shafts, and the construction and erection of houses, machinery and other works to be used for mining purposes;

()

the fencing off or rendering secure of any shaft, tunnel, well, trench, drive or other works constructed or made for prospecting or mining purposes;

(k) the grazing of animals;

0) the cutting down and use of timber for the purpose of

carrying out prospecting or mining;

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(*) the returns to be rendered and the accounts, registers, books and plans to be kept by the holders of prospecting licences, mining licences and mining leases;

(*) the disposal of any poisonous or noxious products

resulting from prospecting or mining;

(o) the disposal of sludge and tailings and the declaring of

watercourses to be sludge channels;

(p) the safety, welfare, health and housing conditions of persons employed in mining operations and the carrying on of prospecting or mining operations in a safe, sanitary, proper, economic and effectual manner;

(g) the forfeiture of any mineral illegally won, processed,

sold, purchased or possessed:

(r) the fees to be paid in respect of any matter or thing done

under this Ordinance;

(s) the procedure on appeal under Part V to the Mining

Compensation Board;

(4) the imposition of a penalty not exceeding a fine of one thousand dollars and six months' imprisonment for a contravention of any regulation; and

(a) the better carrying out of the purposes of this Ordinance.

(2) Any regulations made under subsection (1) shall be in addition to and not in derogation of the provisions of--

(a) the Dangerous Goods Ordinance, 1873:

(b) the Steam Boilers Ordinance;

(c) the Factories and Workshops Ordinance;

(d) the New Territories Ordinance;

(e) the Buildings Ordinance,

and of the provisions of any regulations made thereunder; but

if there is any conflict between any regulations made under subsection (1) and any such provisions as aforesaid, the regula- tions made under subsection (c) shall prevail.

(1 of 1873).

(Cap. 56).

(Cap. 59),

(Cap. 97).

(Cap. 123).

68. Nothing in this Ordinance shall exempt any person from Saving. compliance with the provisions of the Radio-Active Minerals (Cap. 146). Ordinance,