1964_MINING_ORDINANCE — Page 26

1964 Ed.]

Mining.

[CAP. 285

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(i) any sum which may become payable under section 33 by

way of compensation;

(ii) any sum which may become payable to the Crown by way

of royalties, rental or fees;

(iii) any sum which may become payable to the Crown by way of damages or otherwise in respect of any contravention of any term, covenant or condition of the lease or licence or which may become payable to the Crown under such terms, covenants or conditions or under any regulations made under this Ordinance or otherwise.

(2) Where security has been given in accordance with the provisions of subsection (1), the Land Officer, in the case of a mining lease, and the Commissioner, in the case of a prospecting or mining licence, may, so long as the lease or licence is in force, require the lessee or licensee to give, within such period as he may specify, additional security for any one or more or all of the matters set out in subsection (1).

(3) Such security or additional security shall be of such amount as the Land Officer or the Commissioner, as the case may be, shall determine and may be given by way of the deposit of cash with the Accountant General or the guarantee of such bank or other person as may be approved, for the time being, by the Accountant General.

(4) Where security (which expression shall include, where applicable, additional security) has been given in accordance with the provisions of this section, and, at any time, the same has become reduced or been extinguished by reason of any payment therefrom or for any other reason, the lessee or licensee, as the case may be, shall, so long as the lease or licence is in force and upon being required so to do by the Land Officer or the Commissioner, as the case may be, give such further security, in the manner specified in subsection (3), as may be necessary to restore such security to an amount not less than the amount of the same immediately prior to such reduction or extinguishment.

(5) Without prejudice to any other provisions of this Ordinance, where any lessee or licensee fails to comply with—

(a) any requirement of the Land Officer or the Commissioner made, under subsection (1), during the currency of any lease or licence;

(b) any requirement of the Land Officer or the Commissioner

made under subsection (2); or

(c) the provisions of subsection (4),

the Land Officer or the Commissioner, as the case may be, may forthwith determine the lease or licence by notice in writing to the lessee or licensee, and thereupon the lease or licence shall be