20
21
Licensee to
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18. Every prospecting licence shall be in the form in Schedule II and shail work subject convey to the licensee the right to undertake and continue such work only as may, in
to Govern- ment direc- tion.
Application How made.
Rights and
conditions
of a pros
pecting licence.
the opinion of Government, be reasonably necessary to enable him to test the qualities of the land in respect of the metal or mineral specified in the licence, and in accord- ance with the mining regulations where applicable.
19.-(i) Any person wishing to apply for a prospecting licence shall lodge in the land office of the district an application together with the prescribed fee and plan set- ting out the position, approximate area and boundaries of the land in respect of which the application is made and stating the metal or mineral for which it is proposed to prospect.
(ii) The Land Officer shall thereupon mark such application with a distinctive number and shall file the same in the land office according to the order in which they are received, but so that priority of application shall give no claim or priority of claim to a prospecting licence.
20.—(i) In the absence of an express provision therein to the contrary every prospecting licence shall convey to the licensee the exclusive right to prospect within the area specified within the prospecting licence for metals or minerals specified there- in and the prior right to apply for a mining lease over any area specified therein upon proof that the licensee has done a sufficient amount of prospecting work.
(ii) No other application, whether for a prospecting licence or mining lease, in respect of any land specified in a prospecting licence shall be considered, and no por- tion of such land shall be leased for any purpose until all rights of the licensee in respect of such land shall have been satisfied.
(iii) If before the expiration of any prospecting licence the licensee shall prove to the satisfaction of Government that he has good and sufficient reason for not hav- ing completed prospecting, the period of such licence may be extended by Govern- ment in respect of the whole or any part of the area comprised therein. Such ex- tension shall be effected by endorsement on the licence for such period and fee as Government shall determine.
(iv) A prospecting licence may at any time after the expiration of three months from date of issue thereof be cancelled by Government if the licensee shall have failed to make a bona fide commencement to prospect the land under licence, or if he shall have altogether abandoned prospecting for a period to be fixed by Government and set forth in the prospecting licence.
(v) Upon completion of prospecting under any prospecting licence the licensee shall fill in all pits, shafts or excavations, unless the licensee obtains authority in writ- ing from Government exempting him from this obligation, and Government may call upon the licensee to provide security not exceeding one thousand dollars for the due fulfilment of such conditions,
(vi) It shall be lawful for the licensee to remove from the land and dispose of all samples of metals and minerals raised in the course of prospecting operations with- out payment of royalty, provided the amount shall be such as may, in the opinion of Government, be reasonably necessary to enable him to test the qualities of the land. (vii) The licensee shall compensate any occupiers of the land under licence for any damage sustained by them as the result of prospecting operations.
(viii) Every licensee shall
(a) permit any person duly authorized by Government in that behalf at all
reasonable times to inspect any prospecting operations,
(b) render to the Land Officer, within one month of the expiry of the licence or completion of the prospecting work, whichever event may first occur, a full. true, particular and just report and plan of the result of his pros- pecting operations.
(ix) Every prospecting licence shall be liable to be cancelled by Government upon proof of the breach of any of the conditions of this part of the regulations or otherwise where applicable.
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Part IV.
PROVISIONS REGARDING WATER.
21.-(i) It shall not be lawful for the lessee of any mining land or holder of a Alteration prospecting licence to make or permit any other person to make, without sanction of in water
supply Government, any such alteration in the water supply as may prejudicially affect the prohibited. water supply enjoyed by Government or any other persons or land.
(ii) Whenever any such alteration shall have been so made, the lessee or licensee of the lands benefited thereby shall, in the absence of proof to the contrary, be pre- sumed to have made it.
(ii) Any person who shall in the course of mining or prospecting operations interfere with the bank of any river, stream or water course may, by written order of Government be required to restore the same to the condition in which it was immedi- ately prior to such interference or to re-minke the same in such manner as may be specified in the order.
of water.
22.-(1) Every lessee or holder of a prospecting licence who shall use water in Purification connexion with his mining or prospecting operations in whatever way shall make such provision as will ensure that all water so used shall, before it leaves the area on which it has been so used, be freed from all chemicals deleterious to animal or vege- table life.
(ii) No lessee of mining land or holder of a prospecting licence shall allow effluent water from any area under his control containing solid matter in excess of 500 grains per gallon to discharge into any river or natural water course or otherwise pass beyond his control.
(iii) The Government shall on complaint of failure on the part of any lessee or holder of a prospecting licence to comply with the requirements of sub-sections (i) and (ii) hold an inquiry into the matter of such complaint, and may, with or without such complaint at any time order any such person to provide such fixed masonry spill- ways, dams, settling pits and other mechanical appliances or devices and to use such chemical methods as may be necessary for effectual compliance with the said sub- sections, and may also order such person to suspend his mining or prospecting opera- tions until such provision has been made and such methods adopted.
(iv) Compliance with an order of Government made under sub-section (iii) shall not affect the liability incurred by any such person through breach of the provi- sions of sub-sections (i) and (ii).
Part V.
THE REGULATION OF MINING OPERATIONS.
stored or
23.-(i) No gunpowder, dynamite, petroleum or other inflammable oil in bulk, Explosives or other substance of an explosive or dangerous nature, shall be brought onto, stored, not to be placed or used upon any land held under mining lease or prospecting licence except used in in such places, in such quantities, in such manner and on such conditions as shall be mine or approved by Government; and no detonator, match or other highly inflammable sub- except as stance or liquid shall be stored together with any explosive substance or liquid,
(ii) Only wooden tamping rods in charging holes for blasting and only regula- tion pliers for fixing the detonator to the fuse may be used and only clay or other suit- able material shall be used for tamping.
(iii) Sufficient warning shall be given to enable all persons in the vicinity of the workings to reach a place of safety before any fuse is ignited. The number of shots exploding shall be counted and if all the shots have not exploded no one shall be al- lowed to enter the working place for a period of thirty minutes after the fuses were lighted.
(iv) A charge that has misfired shall not be withdrawn and only such tamping as can be easily removed may be withdrawn to enable the missed charge to be re- primed and fired; alternatively a new hole shall be bored by hand parallel to but not below and not nearer than 18 inches to the misfire and shall be charged with one and a half times the amount of explosive in the misfired hele.
building
prescribed.
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