Sessional_Paper_1938 — Page 316

306

Implied

(i) The right to win and get all metals and minerals found upon or beneath the land and to remove, dispose of, and dress the same during such term as may be men- tioned in the mining lease.

(ii) The right to roast, calcine, and smelt all such metals or minerals found upon or beneath the land.

(iii) Subject to the consent of the Military authorities, the right to use such portions of the land as may be required for the purpose of erecting such dams, truck- ways, houses, lines of sheds or other buildings as may in the opinion of the Govern- ment be reasonable for the purposes of the mine.

10. There shall be implied in every mining lease, in the absence of any express conditions on condition to the contrary the following covenants and conditions on the part of the lessee.

lessee :

part of

Mineral or metal in

transit.

(i) That the lessee will duly pay the rent and any royalty that may become due to the Government at such time and place and in such manner as may from time to time be prescribed, and to such persons as may from time to time be authorized to re- ceive the same.

(i) (a) That the lessee will commence mining operations upon the land within a period of one year from the date of issue of the mining lease.

(b) That thereafter the lessee shall not at any time during the term of the mining lease fail for a period of more than twelve consecutive months substantially and efficiently to carry on mining operations on the land to the satisfaction of Govern-

ment.

(iii) That the lessee will carry on all his mining operations in a safe, orderly, skilful, efficient and workmanlike manner, and will not cause danger or damage to the owners or occupiers of other lands, and will observe and perform all regulations and orders made or given by Government in pursuance of these regulations.

(iv) That all Government officers duly authorized in that behalf shall at all rea- sonable times have free access to the land and to all workings and buildings in or upon the same.

(v) That the lessee will permit the taking and removal, without payment, from the land, by any person duly authorized in each particular case in writing by the Gov- ernment, of any earth, stone, gravel, timber and other road-making or building materials which may be required by Government for any public purpose and in the opinion of Government is not reasonably required for the purposes of the mine.

(vi) That the lessee shall cause to be kept such true and sufficient books of ac- count of the disposal of the metals and minerals obtained as required by Government and will, if so required, produce or cause to be produced such books for the inspec- tion of any person duly authorized by Government in that behalf.

(vii) That the lessee shall allow over or through the land such access to any land as shall not, in the opinion of Government, interfere with his rights under the lease.

(viii) That the lessee shall allow the construction and use on the land of such water courses and military or other works as shall not, in the opinion of Government, interfere with his rights under the lease.

(ix) That the lessee will take all due and proper precautions and will comply with all requirements of the Government as to the health and safety of all persons em- ployed on the land.

(x) (a) That no mineral or metal shall be removed from the boundaries of any land held under mining lease without being accompanied by a permit signed by the lessee or manager stating the nature and weight of such mineral or metal and the num- ber of the mining lease from which it was obtained; and any mineral or metal not accompanied by such permit shall be liable to confiscation by Government if not claim- ed within 14 days of such seizure.

(b) The purchaser or the agent of the purchaser of such mineral or metal shall forward such permit together with a statement of the price paid to the land officer of the district from which such mineral or metal was mined.