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Section 26. Restrictions to be observed in prospecting for mineral products. Persons who have obtained prospecting permits may prospect for minerals under classes (b) and (c) of section 11 in all public lands which are not set apart by the Government for other purposes, and where the locality concerned is not adversely affected thereby. If excavations are made to test a mine, their depth and breadth must not exceed 30 Chinese feet in extent, But if within the limit of time allowed for prospecting the use of rock drills is found necessary for the examination of the mine, the depth of such boring cannot be determined in advance, but must not exceed 500 Chinese feet. If it is necessary to bore still deeper, the consent of the land-owner must be secured before doing so.
If it is desired to prospect on private lands, the consent of the land-owner or his representative must first be obtained. No coercion, which might lead to popular disturbance, will be allowed.
Section 27. Restriction of application for additional prospecting permits.
In all cases where applications to mine certain property are already on record, any subsequent application for prospecting permits can only be granted for land 600 Chinese feet distant from the existing mine, but re-surveys of abandoned mines may be made.
(B.) Mining Permits: Dimensions of Mines.
Section 28. Limits to be observed in prospecting mines.
Any excavations made in (b) and (e) class mines which exceed the 30-feet limit laid down shall be considered as having opened the mine for working purposes, and a further mining permit will have to be taken out before authorization can be granted.
Section 29. Limits to be observed in working mines.
In opening (b) and (c) class mines as classified in section 11, the boundaries of such mine must be properly marked out, the authorized surface measurement being 300 fect each way, so as to form a square, which shall be considered as one mine. The party authorized to mine shall observe the limits of the mine underground as demarcated on the surface; there must be no
violation underground of the surface limits.
No matter what mineral produce are being mined under classes (b) and (c), the depth of the mine may not exceed what will suffice to exhaust the prodnet; working may not extend to any greater depth.
Section 30. Surface limits of mine lands.
Permits to work mines, whether for a single mine or for several mines, may be included in a single document. If the land applied for is not all situated within one boundary, the bounds of the nearest (land applied for) must be conterminous therewith, and there must be no intervening land. But no matter how many areas are applied for by any single individual, no such single individual shall be granted at the outside any greater area than 960 Chinese mou, equal to 160 acres English. Persons applying for less than 960 mou, and, after the issue of a permit, subsequently requesting an extension of such area, must again send in au application and await approval as in applying for a new mine.
Section 31. Procedure in applying for an adjoining area.
In cases where mining land which has not been applied for is situated within the limits of two or three mining areas, and its form and size do not accord with the limits for mines fixed by these Regulations, then the first applicant amongst the persons mining neighbouring mines will be authorized to take it up. If no one of these persons wishes to take it up, then the first applicant other than these persons who conforms to the Regulations may take it up,
Section 32. Procedure in case of partial or total abandonment of mines.
If the holder of a mining permit desires to give up a portion of his mining area, or to abandon it altogether, he may give notice to the General Bureau in accordance with the procedure under the Supplementary Regulations.
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Section 33. Application for mining permit.
All persons who have obtained prospecting permits, and who, on completion of prospecting, intend to apply for a mining permit, must, in accordance with the Regula- tions, send in their application to the General Bureau.
Such applicant, whether a single individual, a partnership, or a Joint-stock Company, must clearly state his or their condition. Single individuals or partnerships must give particulars of the persons subscribing the capital and the persons acting as their agents. In the case of a Company they must supply particulars of the Directors and General Manager and state the amount of their capital and the manner of its distribution. The boundaries of the mining land applied for, the boundary stones, the number of mines contained therein, and the classes of mineral producis it is proposed to mine must all be clearly set forth, It will further be necessary for them to find some sound bank to stand guarantee in the sum of 10,000 taels, which must be forwarded with the application. This sum is to guarantee the observance on the part of the applicant of the terms of the permit and these rules, any breach of which will involve confiscation of the money.
Section 34. Limit of time within which land-owners may exercise their prior right
to mine.
All applications for mines will be dealt with according to priority. But in the case of mineral products coming under class (b) of section 11 which are found in private lands, whenever the land-owner desires to mine them himself, he shall have the first option, but the General Bureau may fix beforehand a period within which he must start work. If the limit is passed and work not started, the General Bureau shall be empowered to expropriate the land on behalf of the Government.
Section 35. Difficulties in regard to land to be referred to official decision.
If any section of the area applied for form part of a private property, and is required by the applicant for mining purposes, or if the whole of such private property is required for the working of placer mines or for the storing of mineral products, an arrangement must be come to with the land-owner, the terms of which must be reported to the authorities. If the land-owner declines to come to terms with the applicant, the General Bureau must make an investigation into the facts, and if the interests of the people are not adversely affected, and the requirements of the wine do not admit of any curtailment of the land, an arrangement may be effected in accordance with the rules for making official decisions.
Section 36. Method of dealing with mines containing both (b) and (c) class
products.
When mineral products under classes (b) and (c) of section 11 exist on single mining property and cannot be mined simultaneously, the first applicant whose application conforms to these Regulations shall have the option.
If such application is to mine (c) class products, permission to mine (6) class products may likewise be granted. If such application is only to mine (b) class products, permission cannot be granted to mine (e) class products likewise. If it is desired to mine (c) class products also, further application must be made.
Section 37. Procedure for granting mine lands.
On receipt by the General Bureau of an application, and after ascertaining that the land in question has not been granted already, and that no local objection exists thereto, the terms of the original application shall be posted up at the entrance of the Bureau só that any difficulties that exist may come to light and be dealt with. The General Bureau will next instruct a surveying officer to mark the boundaries. Boundaries must be thus determined whether there be mineral products on such land or not, and whether work has started or not. Even if there are houses, roads, or buildings in such arca, the boundaries must be marked. While in working the mines the special Police Regulations must be observed, and the provisions of sections 44 of the Regulations and 42 of the supplementary Regulations.
Section 38. Satisfactory proof required before permits can be issued.
When the surveying and marking of the boundaries of mining lands is completed, and it has been shown that the said land has not already been applied for, and that no local
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