1. 'I 'IICSC I.IIICS n?By hc cited ;IS t l ~ e Mincr.~ls I < I I I I . (:it:~ti,~r,.

" mining area " means the area of a mining lease, mining right or cxclusivc prospecting liccnce;

" mining title '' includes a mining Icase, mining right, exclusive prospecting licence or water right;

" boundary beacon " or " permanent bcacori " means .i beacon constructed in the manner prescribed by ~ v l r 57 (1);

' 8 tmtporary beacon " means a beacon constructcd in thc manner prescribed by rule 57 (2).

3. (1) A fee of five pounds shall be paid for every prospecting Fcrfor

right. proaprcting right.

(2) The fees set out in the second schedule hereto shall be paid in Mixcl-

respect of the mattcrs, and things specified in that schedule. lancom Cm. Swund rcbed,rlc.

4. ( l ) The following rents shall be paid- iienrs for mL,ecll right,.

(a) by the holder of an exclusive prospecting licence, for every Exclusiv= square mile or part thereof of the area included in the liccnce, [ ~ ~ . ~ " " " five pounds per annum;

( b ) by the holder of a mining right, other than a river mini~ig Miningriglrt.

right, the rent specified in the mining right;

(c) by the holder of a river mining right, for every hundred Miningrivcr yards or part thereof along the course of the stream in respect "Bht.

of which the mining right is granted, one pound per annum;

(d) by the lessee of a mining lease, the rent specified in the lease; Mining Isere.

(C) by the holder of a water right, a rent calculated on the \v\'slcrri.yhr. volume of water the conveyance of which is grantcd by LIIC right a t the rate of one pound pcr annum per cubic foot pcr second :

v,~,~.tt W'! (2) ?'hc rcnts pay;ll>lr ultdcr 11us t ~ ~ l r . ~ 1 1 ~ 1 1 I)c payable: ~ I I I I I I I : L I I ~ . v l , r r I,;LY"b~~.. i n advance without ctc~n:~i~d, aucl sl~:tll 11c piid to the Accountant-

Gencral, and shall !,c in ndditin~~ to ally royitltics or to ilrty rents payable for surtace rights.

1 b y r l t i c ~ . 5. (1) Tlte Following r~>y~llty sll,~ll be paid- On titanifcrous orc 01 mirleral, zircor~ and staurolite, mined in

nnd exported froni Thc C+.unbia, a royalty of two and a halfper cent on the market price.

(2) If it is intended that any mineral shall be exported from The Gambia the Minister may permit the royalty to be collected in the form of an export duty payable upon exportation at the Customs port through which thc mineral is exported.

(3) When a lease or mining right is granted in respect of a mineral the royalties for which are fixed by rule at the date when the lease or riglrl is granted, the royalties payable under sucl~ lcase or riglit shall be such rovalties as may from time to time be fixed by rule.

I'ART 11.-PROSPECTING RIGHTS I'arrrr of Inaprctur ta

6. Prospecting rights may be granted by the Inspector of Mines, I,WUI nnd shall be in tlie Form I in the first schedule hereto. p r r q x c t i v ~ riphts. 1:irsr rcbcdulc. Form 1. tippticarkm 7. Any person desiring to obtain a prospcctirtg right shall make (or ~ > r w p ~ ~ f - , , , l . application thercfor in the Form V11 in the first schedule hereto I'~)n'l V". to the Inspector of Mines, and shall give the particulars required

in tlie said form.

I 8. The area the subject of an exclusive prospecting licence shall thv ,:J~J~CCI of , .,+, be rectangular in s l~ape with a minimum width of not !ess than one- rJrcwccling third of the length: ILCCIICC

I'r.o'iridrri . thal t l ~ e S u p c r i n t o ~ d r ~ ~ ~ oI' ? , III .v~~!: III;LY ill ilis ,li!,l.rvtior~ ;t1103\, :It1 :lrc.l 11, I > C O ~ ~ I I . I . 111:111 r t . c . l i t ~ i j i ~ r l : ~ r i l - l l l ( ~ inillilnlull , ~ ~ ~ ; i l ~ g ~ ~ b i r :!W;\ rctl\~ivcd under tlic ,\<.I is N < > I :\\,;til:~l>le !'(P t>tl!rr L r c ~ , t l c;tt~sc. \Vhcr(: i t is ~Icsirc~I 111;1t ;S I ~ ~ ~ I ~ ~ K I ; I ~ ~ SIL:III l,,. icla.~t~ic,;tl ,,'it11 tllc bo~~r~cl:iry or auotl~cr arc:, t la. sl~;igr inay l,c i!i:l(i(. ti)

, ,,lllorm witllsuch 1)ound;iry. Irr cill~r!- nfstlrlt c.:lst.s the rr,i~lirnl~ln \ , . id~h Inay be less illart one-third of the length.

9. (1) Before an application is made for an exclusive prospccting R C ~ L C ' ) " ~ ' ~ bc rreclrrf

licence, beacons shall be constructed and lines of stones made or b,r,,, lrrnches dug in the following rnanncr- applicntion.

( 0 ) a temporary beacon shall bc erected at one corner of the area. Such beacon shalt be known as the location beacon;

( I ) the remaining corners of the area shall be marked with temporary beacons which shall be known as corner beacons;

(c) where both of the boundary lines radiating from the location beacon are more than one thousand feet in length, a tempor- ary beacon, which shall be known as a direction beacon, shall be erected in a prominent position on one of them at a distance not less than five hundred feet if possible nor more than one thousand feet from the location beacon and so as to be visible therefrom:

Provided that if either of such boundary lines is identical with a boundary line of an area which is held under an existing mining title, no direction beacon shall be required;

(d) a line of stones shall be made, or a trench not less than one foot deep and one foot wide shall he dug, for a distance of not Icss than ten feet, from the beacon at each corner or1 the boundary lines forming the corner.

(2) An intending applicant for an exclusive prospecting licence Inay clear the boundaries of the area in respect of which he desires to obtain such licence, subject to the following provisions-

( a ) the boundaries shall be cleared for a width of four feet on each side of the actcal line;

(b) no part of a forest park shall be cleared unless the applica!lt has first given notice to the Forestry Adviser, and no trees in a forest park and no protected trees slia11 be feiicd uulcss the felling thereof is necessary for the survey of the boundary

line arid thc :rppIic:~~zt IGIS 1 ~ 8 i ~ l 11w l , :+ , ~ U I ~ I r<by:~lti<:s p;ry;rblc ~llcrclor;

(c) llte ;~r<>visio~~s c , l ' s,:ctiut~ >l [ l ) , P I I I I V 8.111~vr:~ls AcI sII;LII, trrnlali.~ i n ~ ~ l ( ~ : ~ ~ l i . r , i~pl~ly.

. ' P P ~ ~ ~ : ~ ~ ~ ~ ~ 10. (I) Any persou dcuirirrg to ol,t:~iir : I I I rsclusivc prospecting liV an cxcl,,. .;,, I,rc"IYxf. licence shall apply in wrililtg to the lnspcctor of &lines. '"K lirccc<:.

.\plAh.~~ions (2) Applications sll:~ll lbc madr: in rlu:~druplicate in Form VIII 10 b.. irr quarl- .

rn the first schedule l~crcto ;nld s1r:rll give the particulars therein 1 , v111 rrc,uired,

I'I;,I~S (3) A pl;rn of thc nrc:r ;~ppliecl for drawn on tracing clot11 or rrcjuirnl ljxllu stout pnpcr, to a scelc of not less than 1/25,000 and exccutcd, in XPPI~C*~~~. the opinion of the Superintendent of Surveys, in a draughtsman-

like manner, shall he forw;rrded in quadruplicate with. the application and shall show-

(a) the relative positions of the location, direction and corner beacons with outline of thc boundaries;

(b) the approximate magnetic bearing and distance from each beacon to the next beacon;

( c ) the approximatc position of the chief local objects; land- marks, and :~ny other beacons in the neighbourhood;

(d) the topographical features, such as the courses of rivers and thc position of villages, within or adjacent to the area;

(C) the pvsition of the area in relation to a boundary of an cxisting mining area if there is any such within half-a-mile;

(f) the position of all beacons erected under these rules within one i~undrcd yards of the area at the time of the erection or beawns by the applicant.

Bcarinyr. (4) Applicants for licences shall in all cases quote approxi- mate magnetic hearings, and the word " bearing " in every applica- tion shall be held to refer to the magnetic north only.

Dcpir . (5) When inaking application the applicant shall pay to the Inspector of Mincs a deposit to cover the approximate charges payable for survey under these rules.

If the actual expenses arc less than the deposit the balance shall be returned to tlrc applicant, and if the deposit is insuficient he sl~all pay the balance bcfore the application is granted.

(6) \\'I~cII thc survey of an are;$ on wlrich ;III :tpplic;lliol~ f lu .,,I csclusive prospecting liccncc 11ns 1,crrl mad<., is ~ ~ S ~ I C I I S C ( I \vi~[t, fttr clcposit li,r s111-tray rcrlt~irctl u~ltlcu t l ~ r pr,.(:cdi~~:: j ) i ~ r i t s t i ~ l > l ~

r ~ , : t l l ))c ict :~i~~c,l during tltc: currellcy 1111. cai:lusiv~~ ~ ~ I I S J J C X I ~ ~ ~ S

lirrnre nr~d oseil to nlcet ;iny chsrgcs i~t~clcr rulr 15 ( 7 ) ; iu~y b:tli~rt,.(: I,ri~lg rcturncd on l c r ~ ~ ~ i t ~ a t i o r ~ o f t l ~ r licv~~cr.

11. (1) Upon receipt of tlle application, tlie Inspector of ki ' l i~~n h?;::: 10

ur the Commissioner may rcquirc the applicant or his rcprcsentativc .,,. to mcet lum or such officer RS he may nominate at such timc (not I)eing less than fourteen days after the intimation of sucl~ rcquirc- nlent) and place as he may determine and to accompany him or such ollicer to the are:^ for the purpose of ir~spcction.

(2) 'The applicant shall bear all expenses occasioned by such n~reting and inspection, including the cost of transport and carriers, and shall pay for any delay occasioned by him at the rate of four pounds per day.

12. The Inspector of Mines shall forward one of the copies of ;,P$;$,w the application received from the applicant, together with a writtell report by himself as to whether there is to his knowledge any ubjeetion to the grant of the licence applied for, to the Minister, wllo, after consideration of the application and report, may authorise tl~c survey of the area or any part thereof.

13. (1) On receipt of the authority the Superintendent of 4'g~~""O

Sur%eys shall, as soon as may be after satisfying himself that the wcu.,r dcposit has been paid and is approximately correct, appoint n "rea.

Government surveyor to survey the area, or, if no Government surveyor is available, the Superintendent of Surveys slrdl inforn: the applicant that a surveyor approvcd by the Minister under section 61 of the Act may survey the area. The surveyor so ap- pointed or approved shall notify the applicant of the time and place at which the applicant or lus representative shall meet for rllr purpose of showing the arca beaconed. Such notification shall l)e n~ade on Form XI1 in the first schedule hereto: F ~ n n XII.

I'rovided that when approval has been given for the survey of an area by a surveyor on behalf of an applicant or his agent the

survey sliall bc co~npletrd witlli~t 1it11r 1~1011111sli~0111 t I ~ ( . d i ~ t ~ 011 wliicl~ llle applicant is inli)rlntrl ~ I I ; I I Itis i ~ l t ~ , l i c . i l l i ( > i t (;)I. all ~exc~usive prospecting liccr~ce is ;~pproved.

'I'he applicant or his represcn~;~tivc III:LY l),: rccLuirt:d to remain with the survey party during thc Y I I ~ V C Y oI' L I I C nrca.

clcarbtg (2) The surveyor may in his discretion cither require the appli- boundnrin. cant to clear the boondnries undcr his direction or clear the bound-

aries himsclr at thc,c~)st or the applicant.

I%N. (3) The plan rnade by the survcyor shall show the boundaries, boundary beacons, and tllc topographical features lying on the boundaries.

Ail plans shall be g~aticuled to meridian 12' West.

Charges (4) The following charges will be made by the Survey Depart- ment and may be made by the surveyor approved by the Minister under section 61 of the Act-

(a) a preliminary fee not exceeding five pounds, for each separate theodolite survey, except in the case of surveys of two or more adjoining areas for the same person a t the same time, when only one such fee will be chargeable;

wee, r~ (b) a fee for the survey of a boundary per mile or part thereof, suncy of bountlnrin which diall not be in excess of that prescribed by the fol-

lowing sd~edule-

A. Open country, or lines cleared to the satisfaction of the swcyors.

B. Thick grass or patches of sntall trees.

C. Light forest.

D. Heavy forest.

E. Scrub.

F. Scrub with heavy timber or mangrove swanlp.

All lines necessary for the survey will be charged Col.. The decision of the Superintendent of Surveys as to the cha~acter

of thc country surveyed shall be final.

( c ) the applicant shall be entitled to one tracing of the plan ""1s supplied to on linen which slrall be attached to the licence, and three .l,pli,,,.

wnpriirts on canvas backed paper or linen at the foollowing rate-

Further copies of the plan will be charged for as follows-

Yinkhrd drawing on mounted ... ... ..

' c . ... ... ... Sunprint ... ... ... ...

h than

Dcmr

L O O 2 0 U 0 15 0 0 10 0 0 15 0

". d. ' " S. d.

0 1 0 0 0 7 6 0 S 0

( d ) m additional charge for each beacon, the position of which has been fixed by the surveyor, as follows-

Beacons.-Ten shillings each at principal corner, five shillings each on line. If supplied by owner, scvcn shilli~~gs and sixpence at principal corner, two shjllings and sixpcnce on line;

Demy

1 0 0 0 10 0 0 7 6

lanprrlal Larger than

Imprrhl

Form XII.

Arcs to conform will> arc= bc~eond tefore npplic.tion.

(c ) t l~e followi~~g cl~:~rgrs i l l rcspcc.~ <,l' I I . ; I I I S ~ O ~ I

Irillls~xuT 01' sul.v,'y in;llrl-i:!i ( 8 1 i < t l i l r t.<llnlnenccnrcnt of work, t~ol c x w r d i t ~ ! : li\w ~ O I I I I < I S 0 '1 II:IY;

delay to survcy occ;lsi<,llctl ily .ll,ldi,:;rlll <luriug survt:y or dcmnrc;ttior~, not ructcding 1io111. ~ ~ ) I I I I ~ S 1 ~ : r d:~y;

expcnclitorc O I I guirles, c:llarc l~il-v, krrics, etc., at actual cost.

(5) At the time of thc s~lrvcy perruancnt beacons shall be placed at thc angles made by the boundaries. Boundary beacons shall also be placed at points whcrc main ro;lris, te1egr:tph lines, or water- courses cross the boundaries:

Provided that where for any reason it is impracticable to comply strictly with these provisions, the surveyor may authorise the placing of beacons at such other points as may in his opinion most conven- iently define the boundaries of the area.

(6) The applicant shall state on Form XI1 whether he intends to provide all beacons or materials or wishes ail such beacons or materials to be supplied by the Superintendent of Surveys.

(7) A line of stones or a trench not less than one foot deep and one foot wide shall be made along the boundary lines for a distance of eighteen feet on each side of a boundary beacon.

(8) All beacons sltall be erected before the surveyor leaves the property.

(9) The area as finally marked and beaconed under the direction or the surveyor shall conform as nearly as possible with the area beaconed before application for the licence, the beacons erected before such application being adjusted by the surveyor where necessary. Any ruling as to the position of beacons given by the. Superintendent of Surveys, or by any officer appointed by him to settle any dispute between the applicant and the surveyor as to the position of beacons, shall be final.

The area of the land covered by an exclusive prospecting licence shall be accepted as determined by the survey, and the plan made by the surveyor dial1 he acceptedas the correct plan.

(10) If the area of the land in respect of which an exclusive prospecting iiccnce has been applied for is found by the surveyor to be greater than the area allowed by the Act, the Superintendent

ofSurvcys sliall, S I I ! ~ C C L to 111e provisio~ts ~,Cixtr;~!;rapl~ ( 11) I I K 111;s I ~ ~ I I . , II:I~I: cntirc ~Iisc~.ctic~n to c:~usc lllc position o f t l~c I , ~ : I C - C , I I S r,, I)c . , l~, . ,~:~l i t 1 urclcr 10 l ) r i ~ ~ g t11c iirea witl~it~ 1 1 ~ ~ Ii111il ~ ~ l l ~ ~ w ~ ~ ~ l .

( 1 1 ) l'hc survcyor sllall n:port to tllc hl i~~isto. I o u 1 1 t l~e c:"sX";i" wllicl! survey

S,tp':rintcndent of Survcys if thc area applied for c;uunot be idcotifi<.d re,, <,II t l~c ground by meins of thc plan and the bracoils crcctecl, or if rorrci'ed.

111e arca beaconed exceeds by 20 pcr cent the maximum ailowcd by 111c Act, and in either of such cascs if the application for an bnclusivc Irospecting licence is refuscd, the survey fees depositcd shall l ~ e fiirf'cited in whole or in part as the Minister may think fit.

(1 2) Where in the case of applications Car two exclusilrc prospect- :;;;;L;[ i~jg licences made by the samc person thc arcas :ipplicd for have a boundlry

I~oondary common t o both, the Superintendent of Surveys may, in '&dz2 his discretion and to such an extent as he may think fit, at the written ,,ith in requcst of the applicant or his agent, dispense with a survey of the =lain cam. common Coundary line and with the erection of any boundary beacons thereon :

Provided that the Superintendent of Surveys shall not grant ;my such dispensation until the applicant or his agent has given an undertaking to the Superintendent of Surveys that, in the cvcnt of the applicant desiring to transfer to another either or both of such exclusive prospecting licences or any portion of t l~e rights granted thereunder, the applicant will, if required by the Super- intendent of Surveys, pay into the Treasury before such transfer sucli sum as the Superintendent of Survey; may consider sufficient to cover the cost of a survey of the common boundary line and the crectior~ of any boundary beacon thereon.

(13) If the boundary of an area in respect of which an cxclu- S U ~ V C Y O ~ other

sivc prospccting licence has been applied for is not a common b,,,,,~,,

boundary with an adjoining area in respect of wldch such a licence g;e;"'; h

has been granted or applied for the Superilltendent of Surveys in may, in his discretion and'to such extent as he may think fit, at the cc'Qinc=m.

written request of the applicant or his agent, dispense with the survey of the said boundary line and with the erection of any l~ounda~y beacons thereon other than those at the terminals:

Provided that the Superintendent of Surveys shall not gran1 any such dispensation until the applicant or his agent has given an undertaking that, in the event of the said boundary becoming

;I common ln,u~~d;~ry wit11 i u ~ :tdjoit~i~~g :L~(. ;I . ur i t , tlie <:VCIIL o l ' n ~ ~ y clisputc arising with a 1)istrict Al~tlrt,~i~y, 111,. :~ltl>lici~n~ shall, if so rcquired by the Supcrintcn(1~11~ of S I I I V ~ ~ : ; . 1~;1y ~ I U I ~ the Tr~asury in the first evcnt such SUII, as Llic St~l,rritrtvnrlrl~~ of Surveys may corisidcr suficient to covn. 11:llf the COSI of' ;I survey of t l~c common bound;iry line and thc crcction <,I' I,n~ccst~s tllcl.con, and in the second of tlie said events, the full cost of 111e snmc:

Provided further that thc cost ofsurveying ,111d fixing the corner beacons of an area whcrc. OIW or more bouudnries are not surveyed, shall not excced the maximum cost laid clown in this rule had all sucl~ boundaries bcen cut and survryed:

Provided furthcr tl~at the cost of' any additional survey which may be required pursuant to t l~e provisions of this paragraph, shall he asscsscd in accordance wit11 thr provisions ol'pnragraph (4) of this rule.

F>nanrzsl 14. The applicant for an exclusive prospecting licence shall, if "armLCe. required by the Minister, furnish a guarantee approved by the

Minister of a sum not exceeding two hundred pounds per square mile, within six weeks, or such further time as may be allowed by the Minister, of the date on which he has been notified by the Minister that his application is approved.

If the applicant sllall fail to furnish such guarantee, his applica- tion shall be refi~sed, and if any expense has been incurred by the Government in connection with the survey of the area applied for, the survey fees dcposited by the applicant shall be forfeited to the Government in whole or in part as the Minister thinks fit.

'+wn'lon 15. (1) O n completion of the survey a licence shall be prepared md .x-tim .,r in duplicate in the Form I1 in the first schedule hereto and a copy " ~ ~ . of thc plan of the area shall be attached to each copy of the licence Form 11.

and the licence shall be forwarded to the Minister together with the application and all reports thcreon.

(2) Where the survey of an area, on which an application for an exclusive prospecting licence has been made, is dispensed with, a licence shall be prepared in duplicate in the Form I1 in the first schedule hereto and a copy of the plan of the area supplied by the applicant attached to each copy of the licence and the licence shall

IJC forwarded to the Minister togetlien. wit11 tllc ;11~plic;ltio11 i111d ill1

trporls thereon.

(3) lfplalls are not supplicd by tile ;lpplic:tnl tllc Supcri:ltcudoll of Surveys shall make copies ofthe plan acco~nl):~nying thc :~ppIic;t- lion and charge for them at the rates laid down io ~.ule 13 (4) (c).

(4) IT the Minister approves the grant of t l~c licence t l~c two copies shall be executed by him. Of the executed copies one shall be sent to the applicant and the other shall be filed in the olfice of tile Inspector of Mines.

(5) When the applicant or any person acting for him under a suficient power of attorncy acknowledges in writing on the copy ~ n a P C C ~ o r ~

filed in the office of the Inspector of Mines that such copy is a correct Mill-.

copy of the licence sent to the applicant, the licence shall be deemed to have been registered in the office of the Inspector of Mines within the meaning of section 88 of the Act.

(6) In the event of a dispute arising regarding the boundaries Ff,","dziin of the area on which application has been made for an exclusive whcrr.uwey

prospecting licence for which survey has been dispensed with, the t i~- Inspector of Mines may require both parties to deposit a sum esti- mated to be sufficient to cover the cost of survey. He shall then cause the beacons on the boundary or boundaries in dispute to be est- ablished on the ground in the position shown on the plan attached to the licence and may require the boundary line or lines to be surveyed.

(7) The cost of the establishment of beacons and survey of the Cost OF rvrvcy on line or lines shall be borne by the parties to the dispute in proportion di.r>,rre.

:o their respective ermrs as assessed by the Inspector of Mines and tubject only to appeal to the Minister whose decision shall be final.

16. AI1 bcacons shall be kcpt in good condition and repair by 22:: he holder of the licence, and the holder of the licence shall ;it all 4 imu at each corner beacon, and at each beacon on a main stream, eep the boundary lines for a distance of fifty yards in each direction ut and cleared of vegetation for a width of six feet, and shall, iT equired by the Inspector of Mines, clear of vegetation all or any of' Ihe boundary lines specified by the said Inspector.

. , i~~~cndilllrc 18. l 'he expenditure i ~ y tbc holdcr. 01' ;trl exclusive prospecting S"

,,uqprc,ing. licence for alluvial mincrals on Africa11 wa[:cs for prospecting alone shall he at the rate ol'not less than k.50 pcr square mile pcr annurn except where the Minister, ill his abaolutc discretion, approves any other obligation whether roonet;iry or othcrwisc.

P 19. Application for the renewal of an exclusive prospecting br rcnnv;ll. licence must be made through the Inspector of Mines at least one

month betore the crpiratian of the licence.

" P P " " ~ U U ~ 20. The holder of a prorpechng r~gnt or of an exclusive prospect- by holder of . . ,,,,Feting mg licence who may desire to retain or dispose of any minerals ririlt or raised or obtained in the course of prospecting shall make applica- liccncc to tion in writing to the Inspector of Mines, and shall in such applica, divcm: of tion stare the kind and quantity of minerals in respect of which the nrinnrls. applicatiorl is rnade and the situation of the land from which the

minerals wcre obtainecl, and shall furnish such other information as the Inspector of Mines may require.

thc rcroltion ur dispmd c$ rnincalr.

21. (1) Thc Inspcctor of Mirlcs shall not grant leave to an applica~~t to retain or dispose of any mineral in respect of which the royalty is not prescribed by rules for a period of four months or until rulcs prescribing the royalty in respect of such mineral have been sooner made.

(2) The consent of t l~e Inspector of Mines to the retention or disposal of any mineral by the holder of a prospecting right or an exclusive prospecting licence shall be in writing and shall specify the kind and quantity of the minerals which may be retained or disposed of.

22. \Vhcn tl~cre is reason to l)~~licvc 111xt t l ~ v 111iuc~i1 l ) r :~r i~~g M i l l i n ~ r i ~ l l l wI~c,, rliialitics of t l ~ u land arc 1101 such ;IS to justill ;SII :~lq>lir;ttio~l ibl. s,,nt,:,!.

:I mining Icnse, :I mining right may 1)c grrnlrcl.

23. (1) In the case of a river mining right, not more tlran 880 ;l'?nfi$;. yards measured along the course of any stream shall be included within the area the subject of one mining right.

(2) Before application is made for a river mining right, temporary Uc"On'*K d area Wore

beacons shall be erected to mark the highest and lowest points on a,p~ic.llion. ~ l l p stream in respect of which the mininc rig.ht is required.

24. (1) Any person desiring to obta~n a mining right shall apply in writing to the Inspector of Mines. right.

(2) Applications ahall be in quadruplicate in Form 1X in the Form I X first schedule hereto and shall give the particulars therein required, so far as in the opinion of the Inspector of Mines is possible.

(3) Application shall be accompanied by a plan in quadruplicate P-.mm-

drawn to a scale of 1/5,000 which shall show- panvng applncatlon.

a) in the case of river mining rights, the position of the stream in respect of which the application is made;

b) the position of the temporary beawns erected by the appli- cant;

(c) the approximate ma,gmetic bearing. from one beacon to the other;

(d) the approximate position of the cllieflocal objects, landmark. and any other beacons in the neiglibourhood;

(c) the topog+aphical features, such as the courses of rivers and the positions of villages within or adjacent to the arca covered by the application;

(f) the position of the area in relation to a bouudary of an existing mining area if there is any such within half-a-rnilc;

(g) the position of all beawns erected under these rules withiii one hundred yards of the area at the time of the erectior~ of beacons by the applicant.

C C V l

('I) Applic::~~~ta sllall in ;ill c;~scs q ~ ~ o l c ;~l)pn,xirn;~tc m;lgl~etic I J I ~ ~ I I S , end thc word " bcs r i~~g" i l l vvr1.y :~pl)licatio~~ shall I,r llrld to refer to the m;~plrtic novll~ t l ~ t l y .

(I)) WILCII making ;tpplic;ition tllc ;~l~l)l ic;~r~t sl~ill pity to the Inspector of Mines a deposit to cover Lltc ;ip~~z.oximntc charges payable for survcy undcr these rulrs. If thc aaiml expenses are lcss than the deposit, the balnocc shall be rcturncd to the applicant; and if the deposit is insullicic~~t, he sh;lll pay thc halance before the application is granted.

25. (1) An application for a mining light shall be dealt with in accordance with the provisio~ls, ntalatis rnutandis, of rule 12.

(2) (a) In the case of river mining rights, the portion of the stream in respect of wllich the application is made shfll be surveyed and demarcated by means of two beacons erected above flood level at the upper and lower boundaries respectively;

( b ) the survey of the stream shall be by chain and compass traverse and fixation of the traverse to a permanent beacon or natural feature as shall be directed by the Superintendent of Surveys;

(c) the Superintendent of Surveys or a surveyor approved by Government under section 61 of the Act may charge a fee of L5 for the survey of the stream;

(d) the Superintendent of Surveys or a surveyor approved by Government under section 61 of the Act may, if the fixation of the survey of the stream is by theodolite, charge the rates laid down in rule 13 (4) (b). If the fixation is by chain and compass, half these rates may be charged:

(c) all lines necessary for the survey of the stream and fixation thereof, if not cleared by the applicant, will be cleared by the surveyor and charged for at cost.

(3) The provisions of nlles 13 (4) (c) and (e), (S), (6), (7), (a), (g), (10) and ( l l ) , 14, 15 (l) , (4) and (5). 16 19 and 36 shall apply, mWir mutandis, to mining rights.

(4) Beacons erected in connection with the suwcy of a mining right shall be as laid down in rule 57 (1).

26.' Ilc;~sur~;~I~lc clr:trges I I I ; I ~ IJC rn;tdc by : ~ r ~ y ( ;nvcr~~n~~, , ( Cl~ilra*-nlibr rsn#ta;ni;hc

I>cpi~rt~ne~~t for exami~~ing ilnd ~CLISUI-ing the arc;\ the sul)jcc\ ;,,,,. of n r i :tpplic:ltion for a mining right, ;ind slr;~ll l ~ c p:tid by t11c . ~ ~ p l i c : ~ ~ i t at the time of applicatiori to the vflircr to wl~onl thc .~pplic;~tion is first sent. IC the application is rcli~srcl, thc clutrgcs thus p:ticl s11;lll not be rehndcd to the ;~pplic;~nt.

27. If the bIi11ister approves of t l ~ r grant of a mining right, the '"W:' '0 q u r n

upplicant shall erect, and during the contirnli~~lcc of the right .,r;,,r ~naintain, temporary beacons at the uppcr and lower cxtrrrnities of k-nl.

the length of the stream covered by the mining right:

Provided that, when prior permission to mine has been granted or the title issued, the number in the office of the Inspector of Minw of the application or title d~a l l be painted on a board or metal plate attached to the beacon post, together with the date when prior permission to mine was granted or the title issued, pfeceded by the letters P.P.M. or M.R. according to whether rn~ning is authorised by prior permission or title.

28. Mining leases may be of such different kinds as may be E+7Lin hereafter prescribed by rules. inp 1-a.

29. The area of every mnlng lease shall be as may be hereafter fz prescribed by rules or, if not so prescribed, as may be specified in the Icase.

30. The area of a mining lease other than a Icase granted in SIlap'd area. respect of an area previously the subjcct of a mining right shall be

cither-

(a) rectanguldr, in which case the width of the rectangle shall not be less than two hundred yards or one-third ofits lenglh, whichever is the shorter; or

(6) a polygon of not iess than four nor more than ten srdcs, In which case no point on a given side shall be less than two hundred yards distant from any other non-adjacent side:

Form of lease. Form IV.

M i e u l and rumn- rlrr of lcarc. 1:orma V and VI.

31. ,&l1 mining lri~strs sla:~ll la: dcrrnc~l 10 in. l~~tuldcd l,y \.l:rtical I> l iu~ l r r from the surfacr I>r)rtnda~.y linrs c l r ; ~ r v ~ t dowurvards to an unlin~itcd dcptl~ from tIu. surktcr.

32. 'l'he lcsqee of a mining lease shall ]>ay rcnt at such rate as may be specified in the leasc.

33. A mining lease shall confer upon the lessee the right to mine and dispose of the minerals specified therein:

Provided that the Mi~~ister may in the case or any lease permit the lessee to mine and dispose of any minerals found on the area of lease. Such permission shall be endorsed on the lease.

34. A mining lease shall be in the Form I V in the first schedule hereto or as near thereto as circumstances permit:

Provided that thr lease shall contain such covenants and conditions as the Minister may direct.

35. An assignment of a mining lease shall be in the Form V and the sarre~~dcr thereof in the Form V1 in the first schedule hereto nr as mar thereto as circumstances permit.

36. It shall be lawful kor the lnspector of' Mines, whenever in his opinion it may be necessary to sccure safe or economic mining of an area covered by any lease, to prohibit that form of mining which is of an indiscriminate nature wherein the miner, who is paid ac- cording to the quantity or quality of the mineral won by him, may choose his own working p1

37. The lessee of a mining lease who is , C I I Y G , ~ ~ 111 111..

Gambia and in charge or the mining operations on the area of his lease slinll at all times have a responsible and qualified agent

38. kLorc an appiic;Iti~,n is m:ttlc for a inil~i~lg I#.ils(. 1h(. i ~ p ~ > l i ~ i t ~ ~ t "r'.'. t c r fr. I,cacs,,rd

rl,.~ll mark oul thc ;trc:l ovcr wllicll 11c dr,sirrs ;L It::~sc ill thc 111;1nncr ~ , , r , ~ :

prcscribcd in rule 9. iq>,~lic.zth~n.

39. (1) Any person desiring to obtain a mining lease shall follow $y;;$;g tile laid down regarding the application for an exclusive I-.

prospecting licence, and the application therefor shall be dcalt with and, subject to paragraph (2) of this rule, thc survey made in ac- cordance with the provisions ofrules 12, 13, paragraphs (1) to (II) , and 14.

Applications sllali be maae m quaarupucate in the Form X h ?g::,"&, the first schedule hereto and shall give the paruculars therein re- .up~icate. quired and shall be accompanied by a plan in quadruplicate on one of the scaics prescribed in paragraph (2) of this rule, and shall spp~icztion

give the information concerning the area applied for in the same Form X. manner as laid down in rule 10 (3).

(2) The plan made by the surveyor shall show, in addition to the details laid down in rule 13 (3), all topographical features in the area enclosed by the boundaries, and the scale of such plan shall be 1 : 6,250

(3) Rule 15 (l) , (4) and (5 ) , muralis mufandu, shall apply to mining leases.

40. (1) Notwithstanding anything in these rules to the contrary, SPC~~.LI pmv~lionr in when application is made for an allitvial mining Lease and the ,,&,

Inspector of Mines is of opinion that the configuration of the area a ~ p I r a ~ - s forlllunnl of the proposed lease warrants a modification of the method of ,,,,.

application and sunrey as provided by nllcs 38 and 39, then-

[a) the streams lying within the area of the proposed lease shall be beaconed by the applicant in such manner as the Inspector of Mines shall direct:

(6) application shall be made in quadruplicate in sucli form as Inay bc reqtlircd by the Inspector of Mines;

(c ) such epplicatio~r slrall be ;~ccorn~;l~ltcd by a pliln in qu;lcl- ruplicate drawn to scalc 01' I :li,%TilI, whirl1 sluill show the outline of the bourtd:kry oftl~t. ~ > ~ ~ r l ~ r s v i l 1r::tst: rvith the mag- rretic bearing and lcngtl~ or r;n.ll 51,lt- :11111 in addition the details required by rnlc 24 (3) ;

(d) the survey shall l?e carried t>nv i r ~ ncc-orclancc with the provisions of rule 25 (2) exccpt the pl.oviru thereto.

(2) Should the Inspector of Mines at any time tl~ereaftcr oo~~sider it necessary or desirable that the boundary or any part therof should be demarcated on the ground, he may direct that such boundary or part thereofsh;tll be cut, surveycd and demarcated at the cost of the lessee, and in rcspect ofsuch cutting, survey and demarcation the provisions of rule 13, mutatis mutandis, shall apply, and in addition to the charges prescribed by the said rule, charges in accordance with rule 41 (c) shall be payable.

41. The following charges will be made by the S w e y Depart- ment and may be made by a surveyor approved by the Minister under section 61 of the Act-

(a) a preliminary fee not exceeding five pounds will be charged fox each separate theodolite survey, except in the case of two or more adjoining surveys for the same person at the same time, when only one fee will be charged;

(b) rule 13 (4) (c), (d) and (L) shall apply to mining leases; (c) charges not exceeding the following will be made for the

survey-

5 acm to Over 50 acm Ova IW aem to 100 ncrcs

E I0

L 20

Ovn 2(M p~ to300~cra

$3

I:;lcl~ of these maximum cl~nrges il' sul>jrct to :UI increase of a ccrt:~in percentage in rrspect OS the characrcr of tllc country as l i~llo\vs---

... 'l'llick gr;m or patcl~cs ol's~nhll trees 10 per ccul ... Ligl~t forcst ... ... ... ... 10 ,, ,, ... l-Ieavy Sorest . . . . . . ... ... 25 ,, ,,

. . . . . . Scrub or mangrove ... ... 50 ,, 9.

... Scrub with heavy timber ... ... 80 ,, ,,

42. Rules 13 (5) and (7) and 16, mulatif m~tandis, shall apply &trl",ti0n

to a mining lease. 13 ( 5 ) md 17) and 16 to mxning 1eppc.

43.(1) Before the expiration of the first SIX months of a mining FOty3 leasc the lessee shall mark off with temporary beacons such parts ,., ,t,d,

of the land included within the area of his lease as he may desire immediately to use or occupy for any purpose in connection with ,,;, his mining operations, and shaU when required by the officer appointed on that behalf show such officer the area of land so marked. Such officer shall cause the lands marked off as aforesaid to be measured and shall inform the lessee as to the rent which is payable by him under section 35 of the Act in respect of such land, and shall notify the Commissioner of the amount so payable.

(2) The mining lessee shall not use or occupy for any purpose in connection with his mining operations any land other than that marked off and measured by the appointed officer without first notifying the Commissioner of the extent of the land and the purpose for which he desires to use or occupy the same and the date from which he will use or occupy the same and pay rent therefor.

(3) The rent payable by the lessee of a mining lease under section 35 of the Act shall be paid at the ofice of the Commissioner or to the Accountant-General.

(4) The holder of a mining leasc shall not demand or receive any rent from any person residing on or occupying any portio~~ of the area of such mining lease.

'"cs8d'-r~fi,r 44. ( 1 ) LVllcrc in :lny L V ~ L C ~ of lal~cl : L I I Y ininet.i~l IGLS been, or may l"rnccs. ,ighlS and hereafter be, discovered by any pcl.so~~ sl!;~rcl~ing for minerills on 1C*Csin behalf of thc Governmcrtt, the Minister m:~y, il'hc thir~ks fit, cansc l.Spcc1 or ~:ud in tJ~e lvholc or any part ol's~rch tract 1,l'land to be dividcd up into 'vhi~'l areas of sucb sizes (whcthcr cqual or uncqu;\l) and shapes as would rnir8eral har IKW, allow of the grant in respect of them ol'exclusive prospecting licences, J ~ c ~ v c ~ d by mining rights or mining lcascs, nccording as thc Minister may Govmmenr.

specify.

(2) The Minister may tllcreupon invite any person, or such persons as he may selcct (being in either casc persons qualified to apply for the grant of an exclusive prospecting licence, mining right or mining lease, as the casc may be), severally to state what financial consideration of a Kind which the Minister shall specify they are prepared to pay to the Government in consideration of the grant of an exclusive prospecting licence, a mining right or a mining lease (according as such invitation shall specify) in respect of any such area.

(3) Any financial consideration so tendered shall be deemed to be in addition to any fees, rents, royalties or other payments required by the Act or any rules made thereunder and in force for the time being.

(4) Thc Miuister shall be under no obligation to grant an exclusive prospecting licence, mining right or mining lease in respcct of any such area to the person whose tender is the highest, and may grant such a licence, right or lease to a person who makes no tender; and nothing in this rule contained shall in anywise fctter the absolute discretion of the Minister to grant or to withhold the grant of such a licence, right or lease as he may think fit.

(5) Any financial consideration tendered under tKis rule shall be paid to the Accountant-General at such time or at such times as the same may become due.

(6) The Minister may revoke- (i) any exclusive prospecting licence, mining right or mining

.1xlx w~o,, 391 JO uo!u!do aql U! 'se itj OS pa~!nbai u!aiar[l snln3!,1ed aqr [l!:qs 'oraiaq alnpaqss lsiy aq, U! IIIX wio& a q ~ U! ape" aq I[eqs

rn>ZA, 30, uopa,lldd\, lqB!i i a l c ~ ~euo! s~~o i J e JO 1 q S ~ i a l e ~ e JOJ uo!]es!ldde u v (2)

')q2!1 i3)cht [ ~ I L o ! s ~ ~ \ o J ~ e i o )q2!i i a i e ~ c iapun idagxa suo!le.iado Bu!u!ur jo asodrnd at13 io j papunodu~! i o palianp aq lou [[eqs ia~cnr ' 1 3 ~ a111 U! pap!~oid as!~iaq~o SE 10 'pappoid anoqe se aAeS

'earn qsns u!qly A ~ I O ~ M a!~ p a l i m p S! i a ~ e ~ a y q 2 ! q ~ 01 asinoslajem arlj pue sxrt!od p n s uaawaq xinm1aIe.u leu!S!lo a q qloq 2eq1 pue 'ioj paqdde i o p p q %qB!1 Bu!u!ur 10 aseal 8u!u!w aql U! papnpu! puel a q ~ Aq paJaAo3 Gale ay) u!ql!~ o![ q ~ o q ialt:M p a l l ~ ~ ! p aqljo ulnlal pue aqe,u!jo slu!od aql leql puc pumtqs 1rin>tlu sl! 01 pauinlai S! 1 3 1 ~ ~ pauaA!p aql l e q ~ pap!r\oid

:my aql JO EZ uo!;Das lapun pamciB uaaq soq au!ur o) uo!ss!uriad u r o g ~ 01 1q8!1 Su!uv e ~ o j 1uex1dde ue 10 iq.S!~ Bu!up i o >sea[ 'w',",E SU!UF eJ0 13P[OI[ Jql I(q lqB!i 1a)eM e InOqlTM suopexado BU!U!W JO

q W JacM asodind ay, ioj papunodur! puc pa]saA!p aq AEUI ialeM (I) 'GP

. s a p asaqj JO U\ p m A '111 sued U! sap1 ay, 'ioj uogmgsqns U! zou put? '01

uop:ppe U! aq 01 pauraap aq 1pqs a ~ l u s!ql jo s u o ~ p o . ~ d a q ~ , (L )

' ~ o a i a q ~ luaruAed aql U! uopcss~s Aue Supq a1agr i o pled Su!aq IOU uo!ieiap!suo~ 1epueny qsns jo 1uar.a 3111 U!

: m a t Su!u!ru qansjo Isnrauli LUX 10 'Qoa~aql 1e~aua1 10) 1q.31 BU!U!UI q3ns JO iaploq aqr 02 p a l u r a Al,uanbasqns r[dei2ered s g jo (2) qdelBeied -qns i o (!) qdn%caedgns U! 01 pallap1 s! se ~qB!i Su!u!ur lpns Auc jo sa!.n!punoq arp n!I[$!M Bu!X{ aseal Zu!u!ur Xuo (F!!)

Ins1x:ctor of Mines is possible, and slt:~ll 11c scl~t in quadruplicate to t l ~ c Inspector of hlir~cs.

(3) 'rhe ;~pplicatio~~ shall I I C ac<.~,r,q,.t~~iccl l,y ;L pl:~n in quad- ruplic:ltc drawn to scnlc wltirll sl~;nll slnoa, 1111. I,t,ritior~ ol thc pro- posed watercourse l i m t l~c point 01' ink;~ke t o t l ~ l : 1x)int of entry in the lease or mining right of the applic;~nt, also thc site of any dam, reservoir or pumping station requircd whicl~ is situated on ground not held under lease or mining right by tlre applicant, and an adjacent village,

The scale of such plan shall be- When the total letlgth of the water right applied

for does not exceed one mile . . . . . . ... ... 1 : 6,250 When the total length of the water right applied

for exceeds one mile but does not exceed five miles ... I : 25,000 When thetotal length of the water right applied

.... for exceeds five miles ... ... ... ... 1 :62,500 Form of wntrr ripht.

(4) A water right shall be in the Form XIV in the first schedule XIV. hereto.

k 0 , ' l rm wawr nghtr.

(5) Whenever a water right lies partly outside the area of a mining lease or leases or mining right or rights held or applied for by the holder of the water right, such holder shall erect a per- manent beacon at every point where such water right crosses the boundary of such area. The provisions of rule 57 (1) shall apply to such pe~manent beacons, provided that the information given thereon shall be as follows-

(i) the name of the holder of the water right (abbreviated if necessary) ;

(ii) the letters W.R. with the numbet allotted; (iii) the magnetic bearings and distance in feet of the adjacent

beacons.

n r i d ~ . (6) Bridges shall he constructed and maintained by the holder of a water right, at all points where his watercourse crosses roads or paths, to the satisfaction of the Inspector of Mines or the Com- missioner.

F:IIUI~ ~n (7) On revocation of a water right the holder shall, if so required L'pCI1 ,,,,,,,,. by the Inspector of Mine$, fill in at his own expense such part or

parts of the watercourse as the Inspector of Mines may direct.

46. (1) "I'ailings" Illcans all gmvcl, sancl, s l i n < > I . olhcr li"~"*iL"' tailiac. ko,,

rltl,s~;,a~cc wl~ich is the ~.csiduc of B o ~ ~ n f i mining o1x.l-.ttions. # u n ~ ~ - : n ~ ",*~~ti,,,>%.

(2) I\ mining lessec or the holdcr of' a mir~ing right, if' t l ~ e area covered by lus lease or right gives access to a natural watercourse, may, within such area, deposit in the watercourse tailings fiom nlir~ing operations upon such area:

Providcd that the Minister may, by order published in the Gazette, prohibit the deposit of tailings in any watercourse, or any part thcreof; or may limit the extent of such deposit in such manner as he may think fit, and in such case may prescribe the mauner of disposnl of tailings from mines having access thereto:

Provided further that no such order shall come into force until iwvo months, after ihe date of the first publication thereof, unless ihe Minister shall, for special reasons stated in such order, otherwise direct:

Provided further that a mining lessee or holder of a mining right shall not, except with the consent of the htinister, deposit in any watercourse or permit to escape from the area of his mining lease o r right any chemical or other substance deleterious to animal dr vcgetablc life.

(3) When tailings are not deposited in a natural watercoursc the mining lessee or the holder of the mining right may be ordered to retain all, or any specified class of tailings, within the area limited by his lease or mining right, or within such other area as the Inspec- tor of Mines may direct.

47. Every lessee of a mining lease and every holder of an exclusive z~~~~ prospecting licence or mining right when not personally resident in lace to

Thc Gambia, or when the lessee or holder is a syndicate or company ;p,$an

with its head ofice elsewhere than in The Gambia, shall appoint rc*dm~in and at all times have an attorney resident in The Gambia with full Gambi

powers to represent the lessee or holder in all matters relating to his lease, right or licence, and shall as soon as possible after making any such appointment or any change in such appointment send to the Inspector of Mines or to such officer as the Minister nray direct, a copy of the power of attorney and of any document by which any such power of attorney is altered.