MINE5LU.S ACT

P-T I.--GmERAL Short title. Interpretation. (1) Control of minerat, mineral oils and water declared to reside

in the Crown. (2) Prohibition of prospectkg or mining without authority. Prohibition of underground mining except under licence. Saving as to the taking or certain minerais by c i h n s of The

Gambia. Act does not apply to mineral oils. Governor-General may close areas to prospecting. Lands on which prospecting and mining not permitted under a

licence or right except when consent obtained.

When prospecting lawful. Applications for prospecting rights. .4s to the grant and duration of a prospecting risht. Rights rmder a prospecting right. As to the grant of an exclusive prospecting licence. ( l ) Notice to be given ta owners or occupiers af land. (2) Who may require that security be given. Rights under an exclusive prospecting licence. Transfer of rights under licence. (1) Minerals raised by the holder OF a prospecting right or of an

csclusivc prospecting Iiccnce not to be removed except with the consent of the Inspector of Mines.

(31 Canditions on which minerals raised may be retained. The haidcr of an exclusive licence to prospect continuously and

adequately. Records or prospecting operations. Pa>ment of compensation bp hoIders of prospecting rights and

licccces for disturbance of surfaze rights, etc.

Mining \YIICII Ia~vlill. As to the grant oTn ~r~ining riglrt. Rights confer~cd by nri~iing riglrt. Obligation of lroldcr of rninilq right. Application or sections 16, 21, 36, 37, 38, 39 and 40 to mining

rights. When holder of a ~niriing right may be required to apply for

ininillg Ieasc. The grant of a mining lease. Applicant mrrst sl~ow suflicicnt capital. ( 1 ) Duration of lease. {2) Renewal. (3) Surrender of nrining lease. No transfer of lease without consent. Kinds of mining leases and conditions relat~rtp thereto to bt ore-

scribtd by rulcs. Rights unda a mining lease. SurLce rights ol' mining lessee. Mining under towns and villages, and near public buildings, etc.,

prohibited except with the cotsent of the Minister, Ilight of mining Icssce to cut trees. Compcns;ttion Tor damage to building, etc. ( l) Compelisn~ion to Le paid by mining lessee on resumption of

Innds Icased by the Crown. (2) Ilights utider Crown leases granted after a mining lease. ( I ) Right of lessee to remove fixtures. (2) When property of the lessee becomes vested in the Govern-

ment. Forfeiture For breach of rules, etc. Power to grant special mining leases.

f Pollution of water prohibited. 44. Alterations in water supply prohibited.

St~.l ton

45. Action to bc tnke~t to prevctll c o l r t i ~ ~ ~ i a t ~ ~ . c r~ trcurrerlct- ol' oirc11re.

\ l ) h4i1bihic.r n l d y gr,1111 ;t liccrbcc 10 takt: W:L~CI. fru111 : L I \ ~ I i v c - ~ . , etc., and acnlrs i l t ly I P I ~ ~ s .

( 2 ) Provisional perrr1issiorl to use water. (3) Provisional water rights.

47. Applications for water rights. 48. 'I'ransrer af water rights. 49. Surrender of water rights. 50. Powers of Minister as regards overffow. 51. Power to revoke licence.

52. Interference with passageways. 53. Acquisition of right of passageway. 54. Duration of right of passageway. 55. Use of mining road.

ART VI.-DREDCIIVC FOR M ~ E R A I I

56. Drcdging in river to bc licensed. 57. Security to be required. 58. Conditions, etc., on dredging licences. 59. Penalty for contravention af conditions endorsed on dredging

licence. 60. Cancellation of dredging licence.

61. S U N ~ Y O ~ S . 62. Overlapping areas.

63. Meaning of " minerals " for purposes of section 64 to 71. 64. Possession of minerals. 6.5. PcnaIty for unlawful possession d minerals. 66. Forfeiture of mincraIs an conviction. 67. Purchase of mirtcrals. 68. Licence to purchasc minerals.

/blI

(in. 13triy of scllc~' (?I' ~ r ~ i ~ ~ t - l a l s ( t t sxtisfy Iti~vvwll' tImt p~il.chiiscr is lic-c~~scd [I) btiy.

7 I l o ldc~ . or' 1irt.ltr.c (0 s:~tisly I ~ i ~ ~ t u r l f ' l l ~ ; ~ ~ 111c' st:llcr is ;\~~il~r)t. i~~'cI 10 posscsr; nntl r1isl)osl: of' illc ~t~i~rr.r.;rls.

71. Duty of liceliscu. 72. Perlalty for c a n ~ v i ~ v c ~ ~ i ~ ~ g sectinl~s 70 and 71.

PART IX.- - ML~CELIANEOUS PROVLSIONS (1) Land required for puldic ~n~rposcs. (3) Rights sitirrseqt~rs~ttly granted. Materials required for public

works. Yerlalty where htsc infnrmatian is given by applicants. Fraudulcnt depcjsit of metal a~ ld frsutlulent sampling, etc. Fraud by applicarit for cxcItlsivc prospecting licence, or mining

right or Icrtsc. ( 1 ) Accidents to be reported. (2) Holding of inquiry. Power to award compensation. (6) Power to summon witntsscs. Goverqncnt oficers prohibited ftam acquiring rights. Penalty for injuring boundary marks. Right of entry and inspectioh. Open shafts, etc., to be fencgd. Rcscrvation and restoration of land used for mining, etc. R i s p ~ ~ t ~ s bctwccn holders of rights as to mining or prospecting

operations. ArhitraGons. Penalty for inrcrfedng with mining, etc. Power to srcs t widaout wartant. Eiabil i~ of crnployer for oifenccs co~nmitted by his servants. Rcgistratiau. Service of notices, etc. Application and recovery of feu, rents and royalties. Pawer of Minister to make rules. Power of Minister to make special rules in regard to mining

operations for precious rni~lcrals. Restricted minerals.

Act ta regulate the n g ~ to EVICCLI Car, .nine n,d w o r l t w ~ ~ ! nlincrals, atld for other purposes rrsI.it;ng thcrctu. 7'3 r ~ f ItItr

~sI' ,l LJK.Y, 19511.

PART I.-GENERAL

l . This Act may be cited as tllc h,Sinerals Act.

2. In this Act, unles dlc context othcrtvise rcquires- It~tcrprc:t;~- tiott,

" aliuvial " means and includrs 311 forms of mineral d~posits other than carbonaceous whicli do not fill1 within the definition of lodes, and fbr the purposes d this t k t beach sands containing workable deposi~s ofilmenite or other minerals shalI bc rcgarded as alluvial deposits;

< l court" means any duly constituted court other than a District TribunaI;

" Inspector of Mines " means any oscer appointed by the Pubk Service Commission to be the Inspector of Mines or any oficer appointed by the Public Service Ca~nmission to perform any act or duty or to exercise any power or authority which by this Act may be done by or is imposed upon or may be excrciscd by the Inspector of Mines;

" holder " of a prospectmg right or ac1usive prospecting licence or mining right means the person to whom such right or licence was granted in the first instance, and in the case of an exclusive prospecting licence or right or mining right includes a person in whom such licence or a part Q£ the rights thereunder has become vested by transfer, assigl~ment or otherwise;

" lessee " of a mining lease includes all persons having any right or interest in or under a mining lease, whether by transfer, aaign- ment or othtrwisc;

" lode " means and indudes all true fissure veins, contact vcirls segregatcdveins, beddedvcins, metalliferous bankers, stock~~rks, such irreylIar deposits as conform gexlerically to the n h v c classification, and beds of any mineral such as Ixds of iron- stone;

" ~nille " an11 " miuitrg " I I I C ~ I I .,iiy t r ( b ~ - r .itic,~~s for win~ring or obtaining ~rtilicr:~is;

l l r~~iiler.nls " do not it~clurlc mincl;ll oils l , u ~ ilri~l~tclc-- (a) metalliferous o13c.s and ot1i~-r snl)sl:mt.cs in thew natural

state which arc obtainable. ulkly Ily milling or in tltc course of prospectiirg operntious;

( 6 ) mctalIifcrous ores and otller substsranccs in their nawral state mincd or obtainccl in the course of prospecting operations;

(c) the vaaluabIc parts csf such ores or other substances when unrnaaufacturcd; ar~d

(d) , the product of treating or dressing such ores or other substances for marketing or export;

but save in section 3 and for the purposes oftsections 77 and 80 and any rules made under this Act relating to safety in mines shall not include day, laterite, limestone, sand (other than sand containing workable deposits of ilrnenite or other minerals), sandstone or such other common mineral substances as the Minister may, by notice in the Gazette, declare not to be minerals fbr the purpose of this Act;

" Mines Department " means a department, bearing that or any other name, which may at any time after the commence- ment of tI~is Act be created for the purpose of the administration of this Act, or to which the administration of this Act may be mtusigned;

"opencast " means any uncovered excavation which has been mrrdc from surface for the purpose of vvinning minerals;

" owner " in relation to land includes a lessee, and in relation to land or other property of a Gambian community, means the District Authority, provided that when any payment shall he required to be made under this Act to such owner the Minister may direct: either that the payment be made to the District Authority to bc r\isposed of by them in accordance with local law or custom, or that the payment shaII be made into some fund specified by the Minisccr to be ~rtiliscd for the benefit d the native community ;

c & passageway" means any highway, road, street, footpath, right

of way, eascnlcnt or ir~stallatiolt ol' :~11y rai lw;~y, lramw;ly, wirclinc, cwvcyor bdt, cablt: way, chtttc', ~ i p t , sr:wcr, A r x i r ~ , tcrancl, shall, llu ~ning 01- \Y;I ~ ( : I - c ( ~ I ~ J . s I . ;

pr.ecious minerals " means and includes- (i) precious stoncs, namely, amber, amethyst, bcryl, cat's

eye, chrysolite, diamond, emcrald, garnet, opal, ruby, sapphire, turquoise, and all othcr substances of 3. similar naturc to any of them; and

(iif precious metals, namely, gold, silver, platinum, iridium, osmium, palladium, ruthenium, rhodium, or ores con- taining any of thcse metals, provided that argentiferons lead ores containing not more than four ounces of silver per ton shalI be excluded from the scope of this definition;

$6 prospect " and " prospecting " mean to search for minerals, and include such working as is reasonably necessary to enable the prospector to test the mineral bearing qualities of the land;

shaft " and " pit " mean any verticaI or inclined tunhd other than a stope or winze which is or might be used for winding, travelling, draining or ventilating purposes in connection with prospecting or mining operations;

"tributer " means a person who directly or indirectly is permitted to win minerals receiving in return for the minerals so won ranutlcration paid directly or indirectly by tlre person who permitted him to win the minerals;

L < watercourse " means any channel, whether natural or artificial, which confines or restricts the Row of water.

3. (1) The endre property in and control of aI1 minerals, and ~ ~ ~ ~ ; c mineral oils, in, under or upon any lands in The Gambia, and of all ,kt,,l rivers, streams and watercourses throughout The Gambia, is hereby declared to reside in the Crown, save in so far as such control may ).,id, L, in any case have been limited by arly express grant made by t lw tl1cCruwn. Crown before the commencement of this Act.

(2) Except as in this Act provided no persons shall prospect or :$$;;; mine on any lands in The Gambia, or divert or impound water for ins or mininu

B Ions: the purpose of mining oper t' withour aull,oriiy.

I'r~viclcif tIt;it l l i i s s l ~ l ~ s i ~ c ~ t c r ~ z xl1.111 1 1 c r l .qr]~ly, I ) ~ . f i ) t * c t llc (-x11it-3tio11 U I ' S ~ S I H O I I ~ I L S irkcl tlrv t t r ~ ~ r t ~ ~ r . ~ ~ c . c . t r ~ ~ - t r t or tlris '\ruspt~ting, witft t l ~ r . ( r r ~ j w t ~ ~ 01' t1tr hlirlistt:~., bcfol-e thc commrtlcctnct~t ol' this At*(, .u1tl \-\~lao is pioq)cc~ing 01- mining with thc coasci~l 01' the Mi~~ix~c.t i~nrl ill irccurdancr with sue11 conditions as may bc inlposed by I l ~ c Mil~istcr.

(3) Any person contrnvcning tlrc provisions of the last preceding subsection sllall be guilty of an ofincc and shall bc liable, on sum- mary conviction, to a. fine not ~xceeding two hundred pounds or to imprisonment, with or witllout Ililrd Irrbour, for 3 period not exceed- ing twelve months, or to both such fine and imprisonment, and the court beforc wllich sucli person is convicted may order the forfeiture of all minerals obtained by such person or if such minerals cannat be forfeited, of such a sum as tllc court shall assess as the value of such mineraIs. Any minerals so ibrfeited shall be sold or otherwise disposed of as the may direct and the proceeds from the sale of any such mineral sl~all be paid into general revenue.

prohibitionof 4. Notwithstanding anytlhg in this Act contained no pcrsun uylygrowd mlmnp shall conduct mining operations underground unless he holds a cxcop t under

licence from the Inspector of Mines authorising him to do so. liccncc.

Savinqwto 5. Nothing in , this Act contained shall be deemed to prevent ~ h c d i n g of ccrtnin any citizcn of The Gambia from taking, subject to such conditions & r h b y as may be prescribed, iron, salt, soda, potash, sandstone or laterite citizens of .mc Gambia. from Iands' (other than lands within the area of a mining lease or

mining right) from which it has been the custom of the members of the commttnity to which such citizen belongs to take the same.

Art dms not 6. Nothing in this Act sllall be construed to sanction the prospect- apply to minrral oils. ing or mining for mineral ails.

Governor- 7. The Governor-General may, by order, declare any area to be Gcnrral may clm ,,, clo~cd to prospecting for such period as may be specified in such ~r=pet1111g. order or without period assigned, Any person other than the holder

of all exclusive pospccting licence who shall prospect within an area which is closed to prospecting shall be liable, on summary con- viction, to the ~enalties prescribed in section 3 (3).

8. ( J ) No prospccli~1!: r i g l l t , cxclklsivc Irruspcc t i r l ~ l i c v ~ ~ c c . or- I*.11atL1 wllir,h 1x4~- right gr-;lntcd u~irl(.l- l lkjs Act ~11311 ilutllorist. 1l1r Iltrlrlcr. t1lt.t cot' l,,,ii,,g ,,,d

tr, PI.OSPCC~ of millc-- I I I ~ I I ~ ~ I $ ~rvrn~ilt# 1101 d

(i) (a) within ar~y Goverlkn~ent slatiorr ot ou or. u\rdcr ;u~y uuJcr a Ikcrlcc or lands used for or appropriated to nny pt~blic purpose w~lhout rigi,t except

the consent in writing of the Minister first obiaincd, aild ~ v t l m mmn L subject to the conditions, if my, prescribed in sucll written

consent ;

( b ) on or under land occupied by a town, village, market, historical monument or burial ground, or on or under land habitually used or occupied for sacred or ceremonial purposes, or on or under land witllin one hundred yards of any Govern- mcnt or public building or works, or any market, historica1 monument, burial ground or place used or occupied for sacred or ceremonial purposes as albresaid, or public road witliout the consent in writing of the Minister first obtained and sub- ject to the conditions, if any, imposed by the Minister;

(ii) on or under land actually under cultivation without the consent of the occupier of the land;

(iii) on or under any land within one hundred yards or any building erected thereon without the consent of the occupier of the building :

Provided that, X the Minister shall be satisfied that the consent required under paragraphs (ii) or (iii) is withheld unreasonabIy, the Minister may authorise the hoIder of the licence or right to prospect or mine on any such land subject to such conditions as he may prescribe.

(2) Any person prospecting or mining on or under any lauds specified in subsection (1) without the requisite consent or authority shall he guilty of an offence and liable on summary convictiorl to the penalties prescribed in section 3 (3).

9. Prospecting shall be lawful under a prospecting right or an ~xclusive prospecting liccncc : P ~ $ ~ ~ ~ ~ S W & ~ .

Provided, however, that the Gouernor-General may, by order, prohibit prospecting for any specified mineral, and in sudr

Applications for prmpcct- ing rigl~ts.

As to thc gran* w ~ d . rim-adon OF a prospect- ing right.

case n prospecting right or excl I l:.i\'t, 111 tt'il ~ r ' ( . t i ~ IE li(:cntc slra11 nol ;tutliorisc the hoIder thcrcor to 11~)!;1)t+ct 1;" s11ci1 lni~lcrnl unless otIltrwis~ expressly provided in i l l r . 1 . i ~ 1 i t or iic:t.trc:c.

10. Every applic;iiio~~ for a prospcciing right shall be in the prescribed form.

11. (1) Prospecting rights m:ty bc issued by the Inspector of wines subject to the fol1owjng conditions and to such other condi- tions as may be prescribed.

(2) A prospecting right shall not be granted- (a) to any person who is unable to prove to the satisfaction of the

Inspector of Mincs that he is able to read and understand this Act to such an extent as to enable him to obtain a reasonable degree of guidance from it;

(b) to any person who is under twenty-one years of age; (c) except with the consent of the Minister to any person who

or whose present employer has been convicted of an offence under this Act or who or whose present employer has pre- viously ilcld any right, licence or lease granted under this Act which has been forfeited by reason of a breach of the tcrnls or conditions of the same:

Provided that if such consent has once been given after sucli conviction or forfeiture, and no subsequent conviction or forfeiture has ensued, it shall not be necessary in respect of any subsequent application:

( d ) to any person who is unable to prove to the ~.easonable satisfaction 'of the Inspector of Mines that he possesses suscient money or credit to enable him to pay any expenses which might be incurred by prospecting to the satisfaction d the Inspesror of Mines and any compensation which may be payable by Iim in the exercise of the rights conferred by a prospecting right; '

(L) to ally person as agent or employee of more than one person; (f) to any person who to the reasonable satisfaction of the

Inspector of Mines is not a fit and proper person to be granted a prospecting right:

Provided illat there sllnll b c no o!llt.r litnit to thc n t ~ l ~ t b c ~ 01' prospccting rights that ;iny auc pcl.scrn may l~old ;it onc time:

l'rovided furtller that for the purpcjsrs of' this piir;~g~.apl~ a palxncrship slii~lf be rcgarcled as oac prrson.

(3) Any person aggrieved by thc refusal of the Inspector of Mines to grant him a prospecting right may appeal to the Minister wiiosc decision thereon shaH bc final.

(4) A prospecting right granted to a person in the cmploy af another person and paid for by the employer shall, on rcqucst being made by the employer, be grantcd subject to the condition &at che right sllall forthwith expire on tIie holder leaving die service of such employer. Such condition shaH be endorsed on the prospect- ing right, and in every such case the employer and holder of the right shaU be jointly and severally liable For the payment of any moneys which the holder of the prospecting right may be required to make under this Act.

(5) Subject to the provisions of the last preceding subsection a prospecting right shall remain in force for one year from the date thereof.

(6) A prospccting right shall not be transferable.

(7) A prospecting right may be restricted to specified adrnini- strative districts or to specified minerals.

(8) A prospecting right shall be produccd whenever demanded by the owner or occupier of any Iand on which the holder thereof is prospecting.

12. [ l ) The holder of a prospecting right may- F&hh under (a) enter upon and prospect on any land, excepting land within %$gi*

an area closed to prospectillg or land the subject OS an exclusive: prospecting licence or of a mining right or mining lease;

( b ) whilst engaged in bona $dt pro~ccting, construct his camp on any unoccupied land and take timber (other than trees in a forest park or protected trees), and water from any lake, river, stream or watercourse, for domestic purposes or for the purposes of prospecting;

t l ~ r I;und ruspcci ul'whicll kl~c Iiccr~c-c i , ~ i . c c l l l i ~ ~ c ~ r l , ; l r ~ c l sil.il1, il' l ~ c i ~ i ~ i i ' c ~ ~ by the hililhistck-or 11y IXI~CS, r!~l.tiisj L :i i i ~ i i i ~ 1 t : i ; b I g u ; ~ I . ; L I ~ ~ ( . ( ! for s t~c l t su111 :IS t lic Mirlistcr mity clircct 01. ;IS 1 1 1 ; t y I ) t ' pr(:s(:r.iI,~.(I.

(3) 'I'llc Ministcr inny grturt or wikldlottl t l ~ grallr 01' ;~t usclwsivc prospecting Iicc~~ce as Ilc may think propcl-.

(4) If application is received for thc salnc a1.r.a or ibr overlappii~g areas Iiom two or more persons and there should arise any doubts ;IS to wllicl~ of thcm has priority for his claim, tltc decision of the Minister thereon shall be final, unless the Minister slrall clircct that tlieir claims shall bc referred to arbitration :

Provided that where an application has been made for an area, no application by another person covering the whole or part of such area shalI be considered as being in dispute with the first application unless lodged with the Inspector of Mines within a period of twenty-four hours of the receipt by such officer of the first application.

(5) An exclusive prospecting licence shall not be granted in respect of iny area exceeding eight square miles or of an area less than one square mile, if a full square mile is available.

(6) An exclusive prospecting licence shall be granted £or a speci- fied mineral on1 y :

Provided that when the applicant or the holder has discovereti other minerals in the area applied for, or the subject of the licence, the Minister may in his discretion include by endorsement on the licence such other minerals in the Iicencc.

(7) Any area in respect of which an exclusive prospecting Iicencc is granted shall specifically exclude an area within its bourrdaries over which an exclusive prospecting licence or a mining Iease is in existence at the date of the grant of such licence.

(8) An exclusive prospecting licence shall be granted for one year from the date thereof, subject to renewal, at the discretion of the Minister, for further terms of one year each up to a maximum of three years in the case of an alluvial working, and of six years in thc case of a lode working:

Provided that the Minister may, on arch terms as he may think proper, grant a rencrvai of such licence in respect of an alluvial

(c) makc cxc;iv:~tiu~~s, si11k s l ~ ; t l i ~ i err $tr.Il.;, cl~. i \ .c. ;uIits or Icvcts ur dig tn:nCllcs:

[a ) a prospector sllnll llot divrrl \vdltcb~. li-c~ru ittly river, stream or watercourse willwut thc co~tsc:~lt ui'thc inspector uf hfincs or of the Commissii>ller ;

(6) a prospector sflall rrot prospect in a ibrcst park except he has first given noticc to tbr: l:or.es~iy Adviser and complies with the conditiorls imposc:d by the Forestry Adviser for the protection of forest produce;

(c ) a prospector irrtcnding to prospect on any land shall, when practicable, give notice of his intention to the owner or occupier of such land before commencing prospecting operations thercon. If any owner or occupier or the Inspector of Mines shall request the prospector to give.security for the payment of any compensation for disturbance or damage the Inspector of Mines shall require the prospector to give security by tlre dcposit of such sum of money as he may deem fit, and if required by the owner or occupier the prospector shall desist from prospecting on the land until such secu~~ity has been given.

(2) Any prospector filing to give any notice rcquired under the last preceding sub3ection or failing to comply with the conditions imposed by the Forestry Adviser, or prospecting without having given senlrit y when required by the owner or occupier of the land to desist horn tllc prospecting, sllall be guilty of ail offence and liable, on summary conviction, to a fine not exceeding fifty pounds.

h to the 13. ( I ) The Minister may grant an exclusive prospecting licence grant ur an ,,I,,,.,, to any person who has by himself or by a person in his employ f l r o ~ ~ c t i n g prospected the area over which the licence is applied for:

If-CECL..

Provided that the Minister may in special circumstances grant an exclusive prospecting licence to any person.

(2) Application for an exclusive prospecting licence shall be in the prescribed form, and the applicant shall satisfy t b Minister that he has sufficient capital to ensure the proper prospecting of the area in respect of which the application is made atid the payment of any compensation whicIz may be payable to the owners and occupiers

I'r-ovirlcd firrthcr t l l : r ~ i ~ r t l~c c4~sc. 01 :I I t ) r f r wcrl king tllc h4iuister may, or1 any rcnewal ol'snc.11 liccric-c*, dii.c.~.t tlt;r( srlcll rcncw,il shall bc allowed i l l rcspect of :I sprcifird 1)ot i i c ~ l r o r ~ l y of t l ~ c urea 01% tile liccnce.

Nutice Le 14. ( l ) Whencver application is niada for an exclusive prospecting :ivcn to

licence notice of s11c11 application shall, if practicable, be given l*cut~irmoi in tllc prescribed manrlcr to ~l ic owners or occupiers of the land in land.

respect of which such Iica~cc is applied for, before the licence is granted.

Who may require Illat

(2) If any owner or occupier of the land or the Inspector of Mines d.c,,,.,,y be shall request that the applicant shall give security for the payment i ~ m . of any compensation which may be payabIe to such owner or occupier

by the licensee for disturbance or damage, the Minister shall require the applicant to give security by depositing with the Inspector of Mines such sum of money as the Minister may think proper.

Rights under an

15. The Imlder of an exdusivt prospecting licence shall have e m t u i ~ the sole right of prospecting upon the lands within the area of his ~ m s ~ ~ c ~ ~ w prospecting Iicence and subject to the conditions thereof, and for licent:~.

such purpose may-

(a) enter upon the lands within such area with his agents and \vorkmcn and thereupon exercise all or any of the rights conferred upon the holder of a prospecting right:

( 6 ) mploy in prospecting on such land any rzumber d persons who for the purpose of such prospecting shall not be required to hold prospecting rights; and

(c) on and ovcr unoccupied land within the area of his licence erect and maintain such machinery and plant and collsrmct such ways as may be necessary for or in connection with his prospecting operations.

l&. l'hc holder ol' iiu cxrlusivc. ~>r.ospcci~j,g I j , ( * 1 1 ( ~ . d1 .111 I I ~ I L l * : ~ l ~ I ~ ~ r l ~ l t ~ r ursrln

cl-;ir>sfcr liis liccncc or itrly portion of tllc rights g t x ~ l t c ~ l thc-rr+~lrlrlcr r,,,,,, tvi(1lottt the consent of t l ~ r Minislrr significrl Itv c~~dorst.t~irli~ ( H I tile i~ tslrilln~ftt 411. i ~ ~ ~ i ~ t l l l l l - l l t .

'l'll(. tr;~t~li:rec of a Iiccncc sl~all I,c l i ~ ~ t ~ i c li,r c111 rcsrlcs ; t ~ l c i ol,lig;t- tiolls wl~icl l nlity lt i~vt ;~ccl.urd irt (IIC t i~r l c .

1';lymmt of corngcnsa- lion by holders of prodpccting rights and ticqncn For disturbance cd s u r ~ . ; ~ ~ ? rights, etc.

limc as tothe hiiinistcr In;Lysccrll]Irirlri 1 , i ~ ~ i c l ~ n ~ i y i r ~ i l~esamcman~~cr clirect tli,tl .ury s \ ~ r . l t ~)c~-iorl of' r i~r~c s11;tll I I ~ ~ I l)(* tc.r.kollc.tl ill tlic curr-alcy o f ' rht. Iiceucr, il' tluril IS s11q.11 J)(-I i t )cl I I O WOI k is (I( )I IC by LIIC lioldrr on tllc 1;tlicls inclrrtlcd in t l l c - : r t (.,I cuvcr (-(l l)y tllc lic,o~icc.

19. Thc holder or an cxclusivc proq>ccling licence shall keep full and acctlrate rccords of his prospecting operations.

20, (1) The l~older of' a prospecting right or of an exclusive prospc~ting licencc shall, on demand being made by the owner or occupier of any land, make to him such payments as shall be a fair and reasonable compc~lsrrtion for any disturbance of the rights of such owner or occupier, and for any damage done to the surface of the Iand upon or under which prospecting operations are or have been carricd on, and shaII, on demand being made by the owner of any crops, trees, buildings or works damaged by the holder of the right or Iicence or by any agent or servant of such holder, pay compensation for such damage.

(2) If the holder of a prospecting right or exclusive prospecting licence fails to pay compensatioh when demanded under subsection (l) , or if an owner or occupier is dissatisfied with the compensation offered, tllc owncr or occupier, as the case may be, may apply to the Commissio~ler, who shall as soon as conveniently may be assess and determine the amount of the compensatiou payable at the date of such determination, and shall notify the parties of the sum awarded.

If either or the parties is dissatisfied with the award of such officer, such party may, within fourteen days of such notification, appeal to the Minister, whose decision thereon shall he final, unless he shall direct that the matter be determined by arbitration,

(3) The sum awarded by the Commissioner, or when there has been an appeal, by the Minister or arbitrators, shall be paid by the holder of the prospecting right or exclusive prospecting licence to the Commissioner, for transmission to the persons entitled thereto, within fourteen days of the date on which the amount of the award is notified to the holder of the right or Iicence.

(4) If the sum awarded is not paid within the time specified in subsection (31, such sum may be paid out of any money deposited by

' 1 ' 1 ~ ~ hliliister may S L I . S ~ > C ~ ~ tllc p~.~spft-lit~g right or C X C L U S ~ V G j,rospccli~lg licct~ce of the person in drfault until tlw :imourlt aw:~rdecl has been paid, and until tlic Ilolrler 01' the righ~ or licencc Ilas dcposited with the Accountant-General or the Cornrnissioner suc11 further sum as security for any future payments as tlie kIir~ister may demand, and if such payment and deposit is nor mildc ivitltin S L ~ C ~ time as the Minister may consider reasonable, the PvIinister may revoke the prospecting right or exclusive prospectirlg licence of the person in default.

21. In the case of any breach by the holder of a prospecting F;,",";%- riglit or the employer of a holder of a prospecting right or the jng righrs llolder of an cxclusive prospecting licrnce, or by any attorney, mdliccl'ccs. agent or employee of such holder of any of the provisions of this Act, or of ally rule made thereunder, it shall be lawful for the hfirlister to call upon the holder or employer or the holder of the right or holder of the Iicence, as the case may be, to show cause within a time specified by the Minister why his right or licence should not he revoked, apd should he fail to comply with such order within tlie time specified, or should the cause shown lzot be adequate in the opinion of the Minister, the Minister may summarily revoke the said right or licence and thereupon all privileges and rights conferred thercby, or enjoyed thereunder shall as from the date of such revoc;ition ccase :

Provided always that the fact of such revocation sliall no1 in any way affect the liability of such holder, employer, attorney, agent or employee, in respect of the breach of any provision of this Act or of any rule made thereunder committed by him before such revocation.

22. Notwithstanding anything in this Act or m y rules made i;;5:Gi[rill thereunder to the contrary the Minister may, in special circum- ,luive stances, grant an exclusive prospecting licence for a period exteedirlg ~;zst~~~g one year, and over an area exceeding eight square miles, upon such spccial tcrms and conditions whether in accorda:lcc with the provisions of this Act and any rules made thereunder or not, ;u bc may think propcr.

hilnin~: 23. hfilli1lg ~hi l i l l)#: I i l tv f ' tk~ l l t t f ! f s ~ ;l i l l i d ~ i ~ ~ ? : I .~;!I I o r 111i11i1kg 1c:lse wl~vn Ia\+fiul.

I'cnding the gr:int trf' the mir~ i i lg lt,;tsc or nril~ing rigl.~t, thc Min. ister may grant pc~lni!isiou to tllc ;ijq)Iicii~t lo mine 011 t l ~c area applied for on such condi~iotls ant1 sul>jecl tu such restrictions as the Minister may think fit. Such pcr~llissiort Inay at any time be with- drawn by the Ministcr.

A3 l0 thc grant 01" a

24. ( I ) A mining rig111 inuy bc granted by the Minister on behalf rnirling rigllt. of the Crown to the Il~ldcr of ;l prospecting right or to the holder

of an exclusive prospccting licence, provided that in the jotter case the mining right applied for lies wholly within the boundaries of that licence.

(2) The provisions of section 13 (2) and (4) and of section 14 shalI apply, tnulntir niuhndis, to an application for and grant of a mining right.

(3) Mining rights may be granted in respect of such areas as may be prescribed, and the Minister may grant or withhold a mining right at his discrcti~n.

(4) A mining right shall remain in force for one year from the date thereof, but mav be renewed by the Minister for further terms of one year.

Rights c o d r c d

25. ( 1 ) A mining right shall confer upon the hoIder thereof hy mining the right to enter upon the lands in respect of which the mining right, right is granted, and the exclusive right to mine thereon the minerals

spccificd in the right and to take and dispose of any such minerals obtained, subject to the payment of the prescribed royalties; and, for and in connection with his milling operations, the holder may exercise all or any of the rights conferred by section 35 (1) on a milling Icssce.

(2) Tllc holder of a mining right shall pay rent fherdnafier called surface rent) at such rate per annurn as shall be determined by the Minister for all land included in the area of the mining right.

(3) The provisions of subsections (3), (4), (5) and (6) of scctioll 35 shall apply, rnuralir mutandis, to a mining right.

26. (1) 7'11e holdrr of a mining right slrall rontirir~ui~sly atrd oi C't,li+r.-lion hcr!tlcr adr.qlli\~'.ly carry on rnillirl~ oporaticlns 011 this [:I r ~ t l s llrc sub-\crr ,,,it,,,,, " f []IC I I I ~ J I ~ I I ~ rig11t 10 1 1 ~ ~ : snlisEtcli(~rt of' t 1 1 ( ~ 11ts~1t.c CJK 5lincs, riqrll.

5h~lt furnish suc,l~ rt-ports ;\\)(l rcturr~s ; ~ ~ r t l slt.~ll lirc.p s ~ ~ c l r 1,ouks iw may br presc~-ilcd :

Providcd that tlic Minisicr may, on thc applicatiou of the holder and Lbr guod c ~ u s e sliosvn, suspend thc obligation imposed by dris subsection as regards the mining opcratiotls to bc conducted for such time anct subject to such conditions as the Minister m,iy think fit.

(2) The holder of a mining right if not personally residcnt on or near the land the subject of his right and in charge of the mining operations being conducted on such land shall a1 all times have a responsible agent in charge of such operations and shall fortilwith noticy the Inspector of Mines of every appointment of an agent and of any change in such appointment,

'

27. The provisions of sections 16, 21, 36, 37, 38, 39 and 40 A lication aEstions

s11alI apply, mdatis matandis, to a mining right, 16.21, 36, 37. 38.99 and 4 to mining rig111

28. Whenever the Minister shall be satisfied, on the report aF g!gr a thc Inspector of Mines, that thc mineral bearing qualities of tIlc land mining rig.hr

or of any portion of the land incIuded within the area of a mining lnav required to right arc such as to justify the holder of the right being cdled upon for

to take a mining lease or leases in respect of all or any part of such tninwz 1- land, he may by notice served on the holder of the mining- right revoke the mining right in respect of the whole area or any specified part of the mining right as from a date not being earlier than one month afier the date of such notice.

On such revocation the holder of the right shall have a psefcrcntial claim to a mining lease or mining leases on the area of the revoked mining right, provided that application for such leasc or leases is made within two months of such revocation:

Provided that the holder of the right revoked under this section shall have a preferential claim to a mining right in rcspect of any portion of tbe area of the revoked right for which 110 application is made for a mining lcase within twelve months horn the rcvocstion of the right.

'1.111. grm1 29. ( l ) ?'llc k l i n i s t ~ r may 0 1 1 I ) t . l t , ~ l ( ' t r ~ ' ~ l r t . ( Ir8ow11 gr,lut ;L mining (A' .i I \ { ~ ! I I \ I L ~ IV.IW. Icitsc to ~l ic 110ICici. IJ;L p~o~pcct ir~ l ; I i / ; f11 01 111 ,111 I Y C I ~ L S ~ V I : prospect-

itig l i c c i ~ c ~ wlw l ~ i ~ q l)y I ~ ~ I I I s L - I ~ ~ I I j t t + ,I!;~.ILI (.:brl-ictl 011 h t w ~ j dc (,rospc~ii~Lg ~pcr,ttiotls ~ t i ~ I I C nl.r-.k . r l j I d ~ i . { l i o i , ~>rovi(lcd \ h .~ t in dlc tatter cr~sc the rninitrg tc:rsc npplivtl li3r sl\;itl lic wholly within the bouudarics of that Iicrncc, 01. to l l ~ c Iiolcfc~ ol' a rnining right in rurpect of any portio~t of t11c a1-c;i 01' his right, or, subjoct to the provisions of section 28, to any pcrson in rcspcct of any lands included in the area of a milling ~niglit w11ich has becn revoked under that section.

(2) Thc holder of ;it1 exclusive prospecting licence or of a mining right who shall have fuIfiIlcd :\l1 the conditions attached thereto shall be entitled, subject to the pl-ovisions of this Act, to the grant of a mining lease for any mincraI for which be was authorised to prospect or mine, in respect of any portion of the area included in the licence or right :

Provided that the Minister may, for any reason he may think proper, exclz~de fi.om the operation of the lease any portion of the area for which the lease is applied for.

(3) Applicatioll for a mining lease sllall be made in such form as may be prescribeit.

(4) The hGnlsier may on behalf of the Crown offer and grant in such manner as lie may think fit mining leases in respect of-

(a) any rnirleral in respect of which a notice prohibiting pros- pecting has been issued under the proviso to section 9;

(bj ally area, not included in the arca of an exclusive pro~pecting licence tl1c11 in force, in which rninerajs in apparently pay- ahlc quantities have been discovered or are known to exist, if no application for a mining lease in respect of such arca has hcen rnade by a person to whom the lease couId be granted undcr subscction (1) or subscction (2);

( c ) any arca in respect of which an appIication for a mining lease has been made, X the application has been refused or has been withdrawn; or

I d ) arly arca in respcct of which a mining lease has been granted, if such lease has been forfeited or surrendered or has expired

(5) I f ;ipplication is roccivrtl for t l r ~ . s;t~uc :tr.r.:t or. rjvcr- I;rp~irlg iircus fiaurn l\\$o or lnorc persons ; b r l d tlrrl sllcnilrl 'ir-is(* ; i~ly rlc,Ltl,t ;rs to wIlicli of thrln has jsriority Tor I ~ i s cl, i i~n, t1~r clc.t.ision of 1 1 1 ~ ' hii~listc-1- tllcre~il ~ 1 1 . t l l tjc fin;~I U I I ~ ( . S S tllc h1 i t list t * r sI1:ll l d i1.ct.t rfrl~t tlicir clairn sllaI1 bc. referred to arbitl.ntiol1:

Providcd that when an application has been rnniIr in rcspect of an arcct no application by another person coveris~g the whole

part ol'sucll area sltall be coll~idercd as being in dispute with the firs1 application unless lodged with the Inspector of Mines within a p-riod of twenty-four hours of the receipt by such officer of the first application.

30. The Minister may require an applicant for a mining lease to :$$g,": show to his satidaction that he possesses or commands sufficie~t ~ ~ c i e n t working capital to ensure the proper development and working of 9""'. tnining operations on the area applied fur, and may require any reports on the matter made by prospectors or engineers to bc submitted for his information.

In the event of the applicant failing to satisfy the Minister as aforesaid, the Minister may refuse the application, but the applicant may make a new application at any time.

Duration 31. (I) A mining lease may be granted for such term, !lot oflease, being more than twenty-five years, as the Minister m a y t h n k proper.

(2) If at the expiration of the term originally granted the lessee shaI1 be carrying on work in a normal and business-like manner, and the lease shall not at that time be liable to be forfeited under any of the provisions o f this Act, and the lessee shall have given to the lrispector of Mines six months' notice in that behalf, then the Icssee sllall be entitled on payment of the prescribed fee to ob~ain a renewal of the lease for such further term not exceeding twenty-five years as the Minister may approve upon the conditions which arc then generally applicable to new mining leases, btrt without thc right 10 a further renewal of the lease.

(3) A mining lease may be surrcndercd at ally time after six s u r r e n d ~ c mining months' notice in wviting has been given to the Inspector of'hfilles lerdr.

of the intention to si~rrender, if the sanction of thc Minister be

ctu[ol.sccl i r l wl iting tlrcrcoil :11111 ot I I l.! I ~ I I ' I t ( or ( I I ( * ~>l.cscril~c~tI fco, Iutt trot ofllct-wisp :

NO tr;lnrkr 32. The holder of ;r lcnse sllall not tr.;ursl'cr 01. assign his lcase or "'leaw any of the rights codkncd tbcrcby witliotlt tllc consent in writing wi~hout (o~ucnt. of the Minister signified by enclol-scrncnt on the instrumcnt of

assignment.

Kin+ or rlllnrng

33. Mining leases sllall bc of such kinds and shall be p,ranted 1 - subject to such covenants and conditions and in respect of such mnditio* areas as may be prcscribed, or, X not prescribed by the rules, as rektit~g ,hcreto may be directed by the Minister. hc prescribed by r d a .

Rights undm 34. A mining iease shall confer upon the Iessee the right to enter a rnining ~ta~e. upon the lands the subject of the lease, and subject to the rules the

exclusive right to mine on mch lands, and the right to remove and dispose of the minerals specified in the iease on payment of the prescribed royalties.

Surface 35. ( l ) In so far as i t may be necessary to the lessee or to the rights of ,,,,hg applicant for R lease to whom permission to mine has been granted I L ~ . under scctio~l 23 for or in connection with his mining operations

and subject to the provisions of this Act and to t h e rules, the Iessee or such applicant slrall have on the lands included in his mining lease or in thc area on which permission to mine has been granted, as the casc may bc, the following rights-

(a ) to make a11 necessary excavations; ( b ) t~ erect, construct and maintain houses and buildings for his

use and for the use of his agents and servants; (c) to ercct, construct, and maintain such engines, machinery,

buildings, and workshops and other erections as may be necessary or convenient ;

( d ) to stack or dump any of tile produch of mining; (c) to lay water-pipes and to make watercourses and ponds,

dams and reservoirs, dnd to divert any water on or flowing through the land;

(f 1 colistrttct all([ I I I , L ~ I ) L . L I L I a l l \11(-1i 11 :IIN\V.I\ 5. i u , ~ c i \ . ( c ) I ~ - ~rl~rliic;ttioris, ancl 1 onvcnirnrt \ .I\ tnxy 111- r~c.t.c.s\.~~! .

(2 ) 'l'lbc ics~cr s l~al l p . 1 ~ rcrtt ( l ~ ~ ~ r ( ~ i j ~ , ~ f i ( I rd~llrcl 5 1 i r f i 1 ~ ~ I clit) such ratc per ariuiirn ,rs sllall be i l ( ' t ~ r r r ~ i r i ~ ~ I I)y t h rb hliilistr.l* I i r ~

, 1 1 1 lnrld occupiccl or uschrl by him Sir arty ol' 111r p~i~.j)osi.s rnt:ntionr.d in subsection ( l ) , or otl~el.wisc for o r ill coll~~ectioil wit11 l~ i s mining opc.rations.

(3) Before granting a mining Icase, thc Minister sll;tll, if practic- ;tble, c ; ~ \ ~ , c thc owner of any land included w i t h such least: to be itlforrncd of his intention 10 grant the lease, and requisc such owner to state in writing, within such t in~e as the: Minister may ctcterrninc, the rate of the annual surface rent which he desires shall be paid to him by the mining lessee for any land occupicd or used by him for or in connection with his mining operations.

If within the time specified the owner of the Ixnd shall statc thc rate of the rent which he desires shall be paid, and the Mi1:isttr is satisfied that such rent is fair and reasonable, the surface rent payable in respect of the land of such owner shall bc at the rate stated by him.

(4) Subject to the provisions of subsection (3) the Minister sllall fix the rate of the surface rent payable under this section and sllall cause the mining lessee to be notified of the rate so fixed before or as soon as conveniently may be after the granting of the nlirling least.:

Provided that-- (U) the rate of surface rent, whether fixed by the owner or

by the Minister shall be subject to revision by the Minister at intervals of seven years;

( b ) in fixing the surface rent payable the blhistcr shall not take into consideration the damage which may bc done to tht- surface of the land by the mining or other operations of the lessee, for which compensation is payabIe under scctioll 38 (2).

( 5 ) The surface rent payable irnder this section by a ~nil i ing lessee shall be paid without demand half-yearly to tlic prcscr-itxd officer, who shall pay the same to the owner of' thc land.

( G ) If any question shall arise as to the extent of the lands oc- cupied or used by a milling Icsser, or as to the date or1 r,rrl~icI~ h e

(2) IT by reason of 11lc nlinirlg or othnr oyt:ratiorls 01' tllc nlillillg lessee the surfilce of any land is d;ul~~aged, the mining Iessce sh:~ll pay compensation for such damage to the owner oi'such land.

(3) If the person claiming colllpensatio~l and tile lessce are unahle to agree as to the anlou~lt of cornpnsatio~r to bc paid, the matter in dispute shall bc determined by i~rbits:~~ion, except when the claimant, being a Gambian, requcsts tho Corn~nissioi~er to assess and determine the compensation, in which case rllc dccision of sucll Commissioner shall be final and binding on all parties, subject onIy to an appeal to the Minister whose dccision shall he final, unIess he shall direct that the matters in dispute be determined by arbitration.

Notice of such appeaI shalI be given to the Lommissioner within liourteen days of the date on which his decision is notified to the party desiring to appeal.

(4) The compensation awarded by the Comrnissio~ler or, in the case of an appeal, by the Minister or arbitrators, shall be paid by the lessee to the Commissioner for transmission to tIlc persons entitled thereto within fourteen days of the date on which tlie amount of the compensation awarded is notified to the lessee.

39. ( l ) Whenever, by reason of the grant or existence of a mining 2,""s leasc, the Minister resumes possession of any lands occupied urldcr paid by a Crown lease, or licence, the mining lessee sllall pay to the Govern- ~~'~~~~ ment the amount of the compensation paid by the Government to tion oi la the Crown lessee or licensee by reason of the resumption of posses- sion.

(2) Whenever, dter the grant of a mining leasc, a Crown Icase or Crolrn I t licence shall be granted in respect of any land included within the ,,,&

;uea of the milling lease and not occupied prior to the grant nf rllu llrinhg mining Icase, the Crown lessee or licensee dial1 not bc entitled to ~CJSF.

compensation under section 38.

Ct'iiril property of rhe l t ~ ~ c e become verted in the Chvernrnu~it.

vorfcit~c for breach oirulr~, rtc.

Power to .yrsmt sp~tiat mining Iew'5.

40, (1,) 'J'j~i: 1 c s . s ~ ~ ~ oj' i~ 111ilijt1g lt*:~sc w l t ~ ~ s l ~ : t l l Ii;tvc p;~iJ ail rents, roy;i[tics :mcl vilier pilyn~r:~l l:; r 1 4 I N * I J I . I ~ l ( . 1,). 11i1n urui::~ this :lcl or 1r1tclc.r. tltc terms t r r l l i r \cast% t t r t y , \r.iiJait~ I b r ~ ~ . j r r o t ~ l l i .tilrr thc cxpiriltion or. otlrcr dc~t:rr~~iri:~rio~~ Itis I v ; ~ s c . , I.( r t r c n r c : ;l11 I N ;uly 01' tllc plat~i, I~~tildirlgs or. ~ ~ t l t c r prol)~-r.t y 1 ~ 1 ' ~ l u . It.s!ic:c..

(2) Iri the case of' any lcssec wlv, o r b tlic cxlriratiorl or dztcr- n~ination of his tease is it1 dcfhult in the p ~ y m c n t of any rent, royalties or ot11cr payrncuts, ;ind i r k the case of'a lessee who has not removed his property witlrin one m o ~ l t l ~ as aforesaid or within such furlher timc (is any) :v ~ I I C bJirlis1cr may nlIo~v, all t l ~ e plant, buildings ahd property of tflc Iesst:c on the land the subject of the mining lease shalt bccorue ihc property of thc Govcmrncnt, and may Ire dcalt with and dis1~osc~l of'itr such manlier as the Minister may direct.

41. If there shall bc a breach on the part of thc lessee of a mining lease 01 any condition or provision of this Act or of any rule made thereunder, or of any of the terms, covenants or conditions of his ease, and if the lesec sllall not make goad such breach within such

period, not being less than one month, as the Minister may dccide, from the date of reccivirlg notice in writing from the Minjster so to. do, or if the lessee sl~all tvl~olly discdntinue operations under the mining lease during n continuous period of six months, without the consent in writing oi'thc Minister, then the Iease may be determined by the Minister, witllout prejudice to any claim against the lessee which sllnll idready have accrued. The decision of the Minister detcrmining the leasc shall be-sufficiently notified to the lessee by its publicatiori in the Gazette:

Providcd that the Minister may,' in lieu of determining a lease, order the 1csw;ce to pay a penal rent of such amount not exceeding three times the :imauat of the rent payable under the lease, as the Minis~er may deternine, from the date on which the breach com- menced until the samc is made good. Such penal rent shall be in nclcIitinr~ to the rent payable under the lease, and shall be paid monthly without demand fillcl sllall be recoverable as rent.

42. Notwilhsta~lding anything in this Act or any rules made titcccundcr to tile contrary the hlinister may, in speciai circum- stances, grant a mining leasc upon such special terms and conditions

\vllc.rllcr in ;~ccord;lrice wit11 tlic provisiorls 01' illis Act ; I I I ( I ; I I I y 1.111t.s rlr.itli . tllcl-cur~rlo~- or not, ns hc may i l l ink prd)prr.

43. No person shall in the course o f mining or prospecting l'ol!uriotl~r tvatcr

r r I ~ ~ r a t i ~ n ~ or in any works connected tllcrcwitll pollute or pcrrnit to becornc polluted the water of any river, strcain or watercourse. Ally person contravening the provisions of this section skall bc guilty or an ofince and shall bc liable, on summary conviction, to a f i n u 1~01 exceeding one hundred pounds, and in thc event of the offcncr Ilcing coiltinued after conviction, to a fine not exceeding five pouuds for each day during which the offence slinll be continued.

44. (1) It shall not be Iawful for any lessee uf a mining lease or ilte holder of a mining right to make or permit any other person to ,i,pp~y make, without t h e permission of the Minister, any such alterations prohibited- in the water supply of any lands as may prejudicially affect the water supply enjoyed by any other person or lands.

(2) Whenever any such alteration shall have been made, the mining Iessee or the holder of the right benefited thereby shall, in the absence of proof' to the contrary, be presumed to havc made it .

(3) Any person contravening the provision of subsectiori ( l ) sllall be guilty of an offence and liable to the penalties provided in section 43.

45. Any person who offends against irny of the provisions of either bc of the last two preceding sections may by order in writing be prevent required to take such action as may be directed to prevent a con- ~n::,";;;~ tinuance or recurrence of the offence and within such timc as rnay .r,fi;,,. l ~ t : directed in the order. Such order may be lnade by the Minister or by such officer as may be prescribed.

Any person who fails to comply with any such ordcr shall be Liable, on summary conviciio11, to a fine not exceeding ten pourlds Tor each clay during which such fnilure shall continue,

Provisional pcnniseion to u r wafer.

Prttvi.sional rvrttr rights.

46. [ l ) 1s i t ~ 1 1 ; l I f :lppCilr l in ' l ' t s : . i t~) ' h ~ t ' ]>I~)]>t*l* ~ < ~ r k i l l ~ of I I J C ;IITA c o ~ ~ i p ~ - i s t ~ d in i t l ly ~ I I ~ I ~ ~ J I ~ : I I . ; ~ . Y ~ , I I I ~ I ~ I I ) ~ l - i g l ~ t tilt: iV1iilis~c1. Inny, oil sucl~ trrms ;LS tic lll:!y t l ~ r t ~ k j)l.a,l,tb~., p ; l r l t t o t11c 1 t . s ~ ~ ' ~ : of (11- iroldcr of ;L minirig right ovcr tlli. t~ l i~~ i i ig X Y C ~ I ;L I ~ C ( : I L C L ' (~~l~icll sh:~tl br kliowrl as i l w i ~ t ( - ~ right) t o o l ) t : ~ i ~ ~ ;~rlt i r:rrfivcy li-on1 any rivcr, stream 01. watcrcorll.sr- o~~tsidc i l l tb 111itli11l; ik1.c;t SUCII v01u11le u f W ~ L ~ C I . as may be 1.cquiror1 for tllc piirpusc of lniriir~g within the same and fbr such purpose to occupy such iand as m:ry IJC required for a dam, reservoir or pumping station, ~ L I I ~ for the conveyance of such water to the rnining area hy thc rnc;ulu OS pipes, ducts, flumes, furrows or otherwise:

Provided that-

(a ) no such liccrlce shall bc granted until after the expiration OF one month from the datc of which notice of the application for the licence has been published in the Gazette and posted in a conspici~ous pIace at the ofice of the Inspector of Mines;

( b ) no such licence shall be granted if it is shown to the satis- faction of the Minister that the exercise thereof will pre- judicially affect any existing right in or over the water supply to which i t relates, -unless the applicant shall pay to the pcrsou whose rights will be prejudicially affected such compcrlsation as may be agreed upon between the parties ur its rnay be determined by arbitration;

(c) thc provisions of section 35 (2) (31 (4) ( 5 ) and (6) and the provisions of section 38 shall apply, mutatis mutmdis, to- cvcry licence granted under this section.

(2) Pcndirlg the grant of a water right lbr which application has been made the Minister may grant to the applicant, on such terms as he thinks fit, provisional permission to exercise and enjoy tllc powcrs and rights for which such application has been made:

Provided that no such provisional permission shall be granted until aftcr the expiration of one month from the datc on which notice of the application has been published and posted aa prc- scribed.

(3 ) J+%etl a person has made application for a mining lease or rnining right in respect of any area and it appears that, in the event of such mining lease or mining right being granted, the grant

( n ) sIiall not bccolnc operative ~1111css ;tiid i i ~ l l i l :L r~~i~iiktg I t ' i l ~ ~ or mining right ovcr the said arcik slkall l ~ c granted to thc applicant :

Provided that, if the applicant has been granted permis- sion undur section 23 to mine on the area prior to the gritnt of the lease qr mining right, the hfioistcr mity, subject to such terms as he +inks fit, permit such provisional water right to become operative at any time after the expiration of onc month fmm' the date on which notice of the applicntlort for i t has been published and posted as prescribed; and

(I) shall beco& nuU and void unless such mining lease or mining right be grahted to the applicant; and

(c) shall be subject to the provisos set out in subsection (l), save that the paymalt of compensation required by proviso ( 6 ) shall not be required to be made prior to the granting of the provisiohal water right; and

fdf Shall become operative and have the same force and effect as a water ;right granted under subsection (l), up011 the applicant paying the compensation set out in proviso (6) to subsection ( l ) and receiving a grant of a mining Iexsc or mining right over the said area.

47. Every application f i r a water right shall be in the prescribed k,"e,"gi~u form. rigbb.

48. The holder of a water right shall not iransikr his right or T r a f ~ r of W~tm portion of his rights granted thcrcundcr without the cvnscnt of the

Minister signified by endorsement on the instrument of assignme~t. The transfcrce or a water right shaII be liable for ;ill rcnts and

obligations which may have accrued at the time of' transfcr.

49. A water right may be surrendcrcd at any time after one surrellhr CIF ;v:tter month's notice in writiirg has been given to the Inspector of Minus

of the intention to surl-ender, if the sanction of the kli~lillistcr be

53. ( 1 ) If' the huldcr of' a liccltuc, crr ll~ir~illg Ic:~IYc., 01. PCI-SCHZ Xcqu~siti~tl of rig1:ht d'

Ik;rt.ing l~ermission undcr scc~ion 2:3 to mint or1 an nrca t l ~ c sl!I>jcct p:,.,g,,,,y. .in application, is dcsirous of ol)txini~~p a right of pnss;il;c.\iPay

0v~1- I ; ~ ~ I c ~ s ~ ~ l t ~ i d e the ;IIY*IL COVC'I CC[ 1))' I J ~ C ~ ~ C C I I C C , I~:;Isc or itpplica- lion, or ;I' tlrc 11oIdcr of ;L wntcl- right is ilcsirouv of'oLliii~~iitg ;t right of pnss;\geway for the purpose of such w-itcr right, hut is uniiblc to obtain consent to such rrigllt, or on such terms as lie considers reason- ;il,le, from the owner or occupier of the lard over which thc tight is clcsired, he may apply to a magistrate of the first claw fbr nn order grai~ting sllch rigl~t of passageway; and for thc purposes of such itpplication the holder of the liccnce, mining lease or water right, 01. tile person having permission nnder section 23 to mine, may authorise in writing a land surveyor, together ivitli his servants and war kmen, to enter at all reasonablc times on any land after giving to the occupier thereofnot less than three days' noticc of the date upon which such entry is proposed to be made; ancl any damage dolie by such surveyor, his servants, or workmcn, shall be dcerncd tbr the purposes of sections 20 and 38 to be darnagc done by such liolder or. pcrson in the course of prospecting or mining operations.

(2) l f on any application under w~bsection ( I ) OS this section the ~nagistratc is satisfied-

(a ) that it is necessary either for prospecting or mining opr~ations Or for the transportation, treatment, processing or storage of any mineral mined, that the applicant should have the riglit of passageway; and

( b ) that it is reasonable for such right to be granted over the particular Iand which is the subject of the application;

hc may make an order granting to the applicrint the right cif passzigc- way and shaII determine the cornpcnsation to [>c paid to 111c awner or uccz~pier of the land over which the riylrt of passiigcxvay was granted. =Vr

(4) A copy of sucll ortlct sli;~ll I)c Ibr\v;~rclt:tI by t l~c Registrar at' thc Suprcmc Courr t o t tic lnspcctor ol' Mi~ic-s.

l)uraLiorl or 54. Any right of piius:~gcwity acquired undcr scctiotk 53 sllall right of I ~ a ~ ; q r ~ w - \ ~ ~ expire wtleil the licrr~cr, tnirtirlg lloasc or watcr right is terminated,

or tile permission to mine is ilctcrmined, as the case may be, and thereupon the holder sllall cornply wit11 thc provisiolls of sections 40 and 81 in so fi~r as tllcy arc applicable.

uss OF 55. The Iloldcr of a riglit of passageway who has constructed a mining road under such right sf~all not hinder or prevent any person over

whose land such right of passageway exists from having access to or using such road:

Provided that- (a) where any such person uses- such road in such a manner

as, in the opinion of thc l~older, to do appreciable damage thercto, or to enhance substantially the cost of upkeep rl~t:reof, tI~c holder rnay call upon such user to contribute to the cost of upkeep;

( B ) whcrc any such person uses such road in a manner as to intel*fcr.e n~aterinlly with the free use and enjoyment of such road by the holder, such holder may call upon such user to limit his use of the road so as to cease such interference.

lhdginp in 56. It shall not bc lawful for any lessee of a mining Iease or the riviu to bc licEnwd. holder of a mining right to drcdge or permit any other person to

dredge any river, stream or watercourse without a licence from the Minister. Any person co~ltravcning the provisions of this section shall be guilty of an offence, and shall be liable, on summary conviction, to a fine not exceeding fifty pounds for every day during which the oncnce continues.

57. Ucfore atly sucll licencc to rl~.cdgc is gran~c-cl, srutlrity s I \ : ~ l l S~'c:urilY tt3 lw lr:)t#ih?i

trc given in alch tcrrns itnd to such axnoulli as r11(+ Mjtlistc.l- Inay in caclt particular casc dircct.

58. On evcry licencc to dredge, thcrc sllalj he ct~do~.sc:ii suclt -diGolu, d C (Ill

conditions nr restrictions as the hGnistcr in his discrctioil may think &&in$. f i t . licences.

59. Any person who shall act in contravention of any such PadtYfm contram- conditions or restrictions endorsed on a licence to dredge shall dui,,d

be guilty of an offence, and sllall be liable, on summary can- c ~ ~ t i ~ ~ m- on viction, to a fine not exceeding one hundred pounds, and tht holder of the licence shall be liable for any damage which may licence. have arisen in consequence of such contravention. In this and the following sation, non-cornpliaece with any lawful order, direction or notice given by the Inspector of Mines under and by virtue of conditions or restrictions endorscd upon the licence shall be deemed a contravention of such conditions or restrictions.

60. When in any @rosecution under this Act it is proved that the ~ ~ l 1 a ~ 0fdradSinb condi- or restrictions endorsed on a dredging licence have been l;,,.

cantramed, the court may, subject to the approval of the Minister, -1 such licence in addition to imposing any penalty prescribed by this Act.

61. Before granting a mining lease or an exclusive prospecting Survc~on- licence, the Minister shall require the area of the land to be in- cluded to be surveyed by a Government surveyor, or if no Govcrn- ment surveyor irs available then by a surveyor approved by the Minister, and the cost of such survey shall be paid by the person applying for the lease or licence in accordance with the prescribed ticale :

Provided that in the case of an excruslve pmspecrtng trcence the area may be acmpt b m survey on the recommendation of the inspect^ of Mines.

i 62. 1 1 1 t l ~ o cvt:ili of any : I I Y : : I ~ , 1 1 1 1 . !;~ll!jl.r.~ r , l ' , ~ l i y Irh;rsrs, riglits cjr :,,Y..l~~s id t * r t .< t 1 0 / > t b tv i t1 t i11 ! I H . , I ~ I . . I t t i 1 1 1 1 . l t~;~,sc, ~.iglli vr lic~;,~t;t: fi1-$1 gl'il~lt{:ii, i l l i l ! , l l l 1 1 t . : l ~ ~ t ~ ~ ~ ~ l ~ i 1 1 ~-t!sp~(;l titcreof to thc Icsscr: ol- I~olclct* ( , I ' t l ~ c * r iglrt or liccncc sul)sccluc~ltly gr;t~lted, but a scrl~lciioil i r r rt:rtc sli;ill tf~r.rc-;tfier be irllorved irt propirrtion to thc t*erh~ction or t l u . ;rt.c;\ ol'sucli lc;\se, right or licencr::

I'rovided that il' .lily Ic:~sI-, rig111 or liccncc sl~all I~avc bee11 granted in ignolancc of tllc plior ct,~ims ol'arry otllcr person, or it' Ibr any other rc;tsoIl i t slli~ll aplwar to the Minister that the grant of any lease, right or Iiccnl:e \ -v,~s inequital>le, having rcgard to thc milling or prospcciing orscratioi~s being coilducted by any other person, the Minister may, by nuticcr scrved on the lessee or the holder of tile right or liccnce determine such leasc, right or licence either as to the whole or any portion of the land included therein at any time within three rxlaiiths of the grant of the same:

Provided that it' the determined lease, right or licence shall have been grantcd aftcr survey and the lessee or 1101de.r of the lease, riglrt or licence shall have accepted the lea.=, right or licence in ignorance of ttlc prior clail11 or the mining or prospecting operations of sucfi other person, he sllall be entitled to receive from the Govern- ment cornpensarion for any loss or damage suffered. Tl~c amount of such conlpt-nsation, if not agreed upon between the parties, shall be dctc~-mir~cd hy arbitration.

Mcnning of " rnirwmls " I'or purposclc of scrtions li7 to 71.

63. For tlic purposes of the provisions of sections 64 to 7 1 inclusive, the term " rniilerats " shall mcan auy rnirlerals to which the &v- ernor-General ntay, by order, apply the said sections.

64. No person shall possess any mincrai unless he is the Iessce of a mining lease, or the Izolder of a mining right, exclusive pros- pccting liccnce or a prospecting right, or of a licence grantcd under section 68 p- t11c duly authorised crnployee of such lessee or holdcr.

65. Any person who, being forind in possession of any mineral, does npt prove to the satisfaction of' the court that he abtained such rnincral lawfully shall, independently of any other liability, bc guilty of an offcncc and liable-

0 1 1 s ~ ~ n i l i ~ ; i r y con\~ic~iotl, 11) ;t fi~ic ~ iot t.sct.ctli~~i; I\\.(, I l ~ ~ ~ ~ t l ~ . c c i ~ O L ~ I I ~ S or t o i l~l~risi i~~~nclit: , will1 01. wi~ltoltt I ~ ; ! t x i I;~t:trl~r., iiw ;L 11rrio(l 110t cxcct:tlit~!; L \ v I . ~ v ~ . I L I O I ~ I ~ I S io I i o i I t S I I ( : I L l i ~ a t - ; l r l t i ~ I I I I ) I . ~ S ~ J I I I I ~ C I ~ ~ ;

(bj 011 ~onvictiorr I~ctorc ~ h c sup~.cmc C:~~ . I I .L , I L , ir fillc 1101 C S C C C C I I I I ~ six I ~ u I I ( I ~ c L I ~ O U I . I C ~ S or to i ~ l ~ l > i . i s ~ l l ~ t ~ t . ~ ~ i . , with or witliout hard labour, for a period ilot cxct:(?~lii~g ttlroc years, or to I)otIi such fine and imptisunmcnc.

66. On the conviction of any pcrsoo, wltcthcr sumnierily or f$~~$;,'"O~f on inrorn~ation, for an offence against scclion 65, any rtlirlcr;ll in conviclion. rcspcct of wl~ich such oiFence has becn committed shall unless proved by some other pcrson to be the propcrty of thni other person bc firFeited to Her Majcsty and shall be sold or otherwise disposed of as the Minister may by order direct. The proceeds from the sale

any such mineraI sllall be paid into general revenue.

67. (1 ) No person shaI1 purchase any mineral unless he is thc ~ ~ u c I ~ ~ e o f minerals. l~oldcr of a licence granted under the next succeeding section.

(2) Any person contravening the provisions of this section shall , be guilty of an offence and liable-

(a) on summary conviction, to a fine not exceeding two hundred pounds or to imprisonment with or without hard Iabour, for a pcriod not exceeding twelve months, or to both sucI~ fine and imprisonment ;

( b ) on conviction before the Supreme Court, to a fine not ex- ceeding six hundred pounds or to imprisonment, with o r without hard Iabour, for a pcriod not exceeding three pcnrs, or to both such fine and imprisonment.

68. (1) ~ n e U l s t e r may issue a licence in the prescribed form kE;&i~ i d on payment of the prescribed fee authorising the person rlaincd mincrats. therein to purchase minerals.

(4) The Minister may refuse to issue any suclr licence wirltout assigning any reason for his refusal.

(3) Every such licence shalI expire on the 31st December in thc year in which the licence is granted.

)au aug ul 01 ' i l n o ~ atua~dns a y l a~ujaq U0!131AU03 uo ( 4 ) I mauruos!~du~ yue auy

yjOq 0) JO SyJUOLU aAlaM1 %1$333m JOU po!~Z'd l2 l03 'moqel plc11 Jnoql!M JO q q ~ ' J U ~ ~ O S ! J ~ U I ! 03 JO spunod pa~pt~nq %u!paa3xa mu auy e 03 'uo!~~!Auo~ hewmns uo (U)

-0s op 01 paqnbal mlauarp la33n ?uaruusaIahof) Aule j o uop~adsu! aqj loj sqooq rl~ris mnpard (g)

pue I IeJau!ur aqf jo uo;ssassod U! 31 01 k!~oqnt. JO spy syq puz lopuan aq7 jo awvu all1 (m)

pue f as~y3md y3va j o ajvp ay1 {!U) f pasay~~nd s ~ u . t a ~ ~ $ ~ ay1 j o

321813~ PIIX ammu a w pue q q dq apeur sas~rp.~nd 11" (1) -8u!~oys sqooq daaq (a)

-amcs ay1 -10 asods!p 01 pue' IeJanIuI y3ns jo uo!ssassod U! aq 01 pasyoylne s! .'alias ay] my$ J~SUI'I[ payspas m y sey ay ss311ln I C J ~ U ~ U I XUB 3szy3 - ~ n d lou lrszls s [ ~ ~ a q u r a s e p n d 01 33tr~3!1 11 JU J J P I O ~ 3 1 1 ~ - 0 ~

73. ( 1 ) IVlrcncvcr ilny la~id in rcspcct 01' wllich a ~n in ing lcsscc 1.i~ld rcclni~ctl Ior

I>ayirrg surJ'ace rcnL urlder section 35 is requirrcl by thc Govern- I,ui,lic rnc.nt fi)r any pubtic purpose, the Ministcr shnil give rlotice 10 the ~,uq~~racs. ~ t ~ i t i i n g lessee who shall remove thcreEram any buildings, glaltt or orl~cr property OF tlre lessee.

In ally suclt case the 111ining Icssce sllall be crititled to rcceive from t l r ~ Government compc~lsation for any interference wit11 ways, works, building and plant belonging to thc lesscc on such land, but not for intcrf~rence with his mining rights. Tllc compensation payable to a mining lcssee under this section shall, if not agreed bctwcen the prr~ics, bc detcrmincd by arbitration.

(2) Subject to the provisions of the preceding subsection, a lessee of a mining lease, the holder of a prospecting right or of an exclusive yrospccting licence, or of a mining right shall not be entitled to any compensation from the Government when prevented from the exer- cise of any right on the land the subject of a mining lease or prospect- ing right or licence or mining right, by reason of the land being rcquircd for a public purpose.

(3) The grant of any lease, right or licence under lhis Act stlall subcqrrcntly nal prevent thc Minister from- grantcd.

(a) granting any other lease or licence (not being a mining lease or mining right or exclusive prospecting licence) to any other person iri respect of the whole or any portion of the area the subject of a mining lease or right or prospecting licence :

Provided that in the case of Iands which are the subject of a nlining lease or mining right or of an exclusive prospecting licence, iiny person to whom any other lease or licence is subscquontty gilritcd shall not be cntitled to receive any compensation from the Government for any disturbance of any rights under such leasc or licence by reason of h e exercise by the mining lcssce or holdcr of i l ~ c mining right or prospecting. 1icenc.e of any right confrl-red by such Icasc, right or licence;

Providcd t l ~ i ~ t ~lrr M ini\ic.t nlny, 1)rtLrr autliorisilig thc usc oi' such road for vdiiculrrr traflic by ~,cl.so~ls other than Goverllrncltt officers or servants, rctluirc i l l l s ~ C I - S O I ~ desiring to use t h e road for such pilrpose to y:~y to the pc-rsoi~ who sllall havc constructed the saine such sum ;is the. h.liniatc~. may consider to be a fair contribi~tius to the cost of colrl;truction.

Frauddcnt depabit of n~etdl and fraudulent ~amplu~g, cir.

I:raud by applicant for cxtll~dve prmpccting liccncc, or mining right ur lewr.

74. Any applicant for or llolder of a prospecting right, exclusive prospecting iicerlcc, ~nitdng right, mining lease or water right who witfully or rccklcssly givcs false information as to 'my of the matters in respect af which irlibrmation is or may he rcquircd to be given under tflis Act shall be guilty of an offence, and shall be liable, on stlmmary conviction, to a fine not excecdil~g one hundred pounds or to irnprisonmcnt, with or without hard hbour, for a period not exceeding six months, or to both such fine and imprisonment.

75. Any person wl~o shall place or deposit or be an accessory to tllc placing or depositing of any metal ore or mineral in any spot or plncc.fbr the purpose of misleading any person as to the nature, cjunlity or quantity of the mineral naturally occurring at such spot or place, or who shall mingle 01- cause to be miilglcd with any l~amplc of metal, mineral or ore, any vabable metd or any substancc ~v1i;ttsocver which will increase or decrease the value or in any way change the nature of the said metal, mineral or ore, with intent to ticfraud any person, shall be guilty of an offence and shall be IiabIc to a fine not exceeding one thousand pounds or to imprison- ment for a period not exccediilg five years or to both such fine and irnpk-isonmen t.

76. Any persun ~vl lo rep~*escnts that he liss obtained the grant of an exclusive prospecting licence or mining right or mining lease, and thereby induces or attempts to induce any person to invest capital in any company or syndicate connected therewith, befbre Ilc has 0bt:iincd the grant of such cxclusivc prospecting licence,

PI.oviclctl (hat notliing in this scrtiall shxll rciievc ;\uy pcvsun ilcrrrl liability to civil action or a crimi~~;tl pri)seculiort it i rc:sprxl ,,f 1 1 1 ~ . sit i t1 rcprcsent;ition.

77. ( 1 ) T T acciclciit shall occur i ~ r any mine 01. in c o r n l e ~ l i ~ ~ ~ A ~ c i d ~ l ~ ~ . ~ to bc reported. \,ill1 tlic milling or prospecting oporntio~is corldr~cted undcr. n Ic;lsc, rig111 ur liccl~ce grantcd u~idcr this Act involvirig loss of life rlr serious injury to ally person the lessce or holcler of the right or licet~cc st1:iIl report the same as so011 as possible to tile lnspcctor of hfirtcs arid to thc Ccrmmissioner.

I11 this subsection the expression " serious injury " means an ir~jury likcly to result in the injured person being illcapacitated from doing I ~ i s usual work for at least fourteen days.

(2) In the event of any such accident the Inspector of Mines Holdingof lir, in t l ~ c absence of the Inspector of Mines, an Administrative ko',zio 0Llict.r or any other oficer appointed by the Minister in that award corn- brllatf shall hold an inquiry into the cause thereof and if the person LiHcd or injured is a tributer-

(a) if i t is shown that the lessee or the holder of the right or licence or any agent of such lessee or holder has been guilty of negligence, or has not taken all reasonable and proper prccautions to prevent such accident; or

( b ) if thc pcrson killed or injured is an African employed in the mine or in connection with the mining or prospecting operations, and the lessee or holder shall fail to satisfy tile olGcer holding the inqrury that the accident is attril>utablc to ~ h c scrious and wilful misconduct of such person;

rliny award such compensation as he may deem to be just to sucli rt4:t~ivcs of the deceased as hc may think fit or to the illjured pcrson:

l'mvidcd thit the amount of any comperlsatioxl awnrdtbd uttdc~. this section sI1all nut C-XCW~ that wlrich would have bcr-lt I r.cuvcrablc under the FVorkmen's Cornpalslltion Act hid tIlc penon &P. 196- l i l lc+cl or irljur-ed bee11 erk ti tled to compensatiorz under tflat Act.

(3) 'I'lic tlccision rd' tll(. ~ .> l l i c , crr ! t~rJt l ;r , ) : 1 1 1 ~ il~rliriry ~11311 b~ sc.~rt to thc Mixlistc.~,, ;~ntl :l copy t t 1 1 - ~ t - 4 1 1 s:I~.,lJ f ) c . srnt to tllc Icsscc- or the ltoldcr ol' tlrr right n t . l ia-)>I r a AS IZM: r,r:;f- J J J ; I ~ JJC.

(4) 3f any person to whom llir cr~lnl,cns:~tion is awarded is urtwilling to accept the arnount ol' tl~c ~om~crisntioil awarded in fblI scttlemclit of all cInirns which Ilc may have by reason of the accident against the person ordrrc:d tu pay the same, Ile may refuse to accept the same a ~ l d take ag;~irlst such pcrson such proceedings, if any, as may be open to him apart Lio~n this Act. I f the person who is ordered to pay ~ ~ t n p c r ~ s a t i o l ~ ~ clissatjsfied with the decision of tile omcer who has held the inquiry, he rnay, ~ i t l l i n fourteen days of the date on which he has notice of the award and is informed that the person to whom compensation has been awarded will accept the same, appeal to the Minister whose decision sirall be final:

Provided that the Minister may, if he thinks fit, direct that the matter in dispute shall be determined by arbitration or in the courts.

(5) If there has been no appeal to the .Minister within the time specified above, or if tl~ere having been an appeal compensation is awarded, the person directed to pay compensation shall pay the amount awarded to the officer who held the inquiry or to his successor in office for transmission to the person or persons entitled thereto, and iC the same is not paid within such time as the Minister may think rcasonahle, the Minister may, after notice to the lessee Qr holder of the rjghr or licence, revoke his lease, right or licence:

Provided that nothing in this section contained shall relieve any person from thc liabi1ity.t~ be proceeded against for any offence committed by him.

Power to sutnmon witnrascs.

(6) The Inapector of Mines, an Administrative Officer or any other officer appointed by the Minister shall, for the purpose of any inquiry under subsection (2), have the powers of the Supreme Court t~ summon Witnesses, to caU for the production o f books and ducuments, and examine witnesses and parties concerned on oath.

S ~ ~ C ~ U I C . AH summonses may be in the form set out in the schedule hereto, and shall be served by a police officer or by such person as the oficer issuing tlie same rnay direct.

['tavi~futl t l 1 : ~ t no person sllall be bound to ilicrirnir~atc I~irriclf; .,,ld r v c r y witr~css sl~z~ll, in rcspcct of any evidence given by hiin at stlcli irlquil-y, he cnti~lcd to the privileges to which he would 1i:tve 0ct.ti cittitled if givi~ig evidence beforc a court.

(fij IVitncsscs attending at t1lc request of or upon summons Ly .trr officer holding such inquiry shall, sobjcct to any ordcr madr by aiit-tr ollicer, bc entitled to the like expenses 3 s if surnmonerl to ittttsnd t l ~ e Suprenlc Court in a criminal trial, and paytncnt shall tw ~II,!CIC in such rnanlzer as the Minister may direct.

(9) Any iutcrestcd party may appear at any inquiry either in ~ ~ ' r s o n or by legaI representative and may question the witnesses and call witnesses on his own behalf on all matters relevant to the su1,jrct of the inquiry. Any person whom an interested party desires to cnH as a witness on his own behalf shalI be summoned hy the oilicer l~oldiilg the inquiry to attend the said inquiry and give cvirlcncc thereat.

(10) JVhere after an inquiry has been held under this section ,iiay j x r s ~ n is aggrieved at rile finding thereat (other than in respect oI' ittls amourlt awarded as compensation under subsection (2)) sucll person may apply to the Supreme Court for the inquiry to be rr.opcned and the Court, if satisfied that there are good and sufficient rr.;ErcrIls for doing so, may order that the inquiry shall be rcopcncd isrlorc itsclf or any magistrate, that any additional evidencc tlxat is ;rv;ril;~bic sllalI be taken and that the original finding shall then be c-or~lirrned or a new finding substituted therefor.

( I l ) 'IVhcre the death of any person immediately tesults from ; u ~ y accident in any mine or in connection with the niining or i ~ ~ s p c c ~ i n g operations, the place wherc the accident occul.red sllall, .rlrcr removal of the injurcd person or the body as the case may be, 11r IcTt precisely as it was immediatcIy after the accident until the I~rspcclor of Mines or the Commissioner has i~ispected it:

Provided that work may be resumed at suclr place with tile

fen+ty for Injurmg boundary marks.

Right of mt1-y Arid inrpcctibn.

prior npprcwal of rlw 1nspcc.ro1- r 1 1 hl i11c.s 4 1 1 . ii' ir!; i lisro~ttil~~l;ulcc n.r;ry cat~rla~tgr:r. tlic: livcs ~ l ' r > l j ~ . r jjc'r.:;ort8; r r l . : ; c . t i r , t r , t l : : r t~t l r t . t l c . ~ l t c : tvor -k i l~~ c:f tlic ~liirtc.

1 78. No person wltrt1lc.r civil 01. ~ t i l i ~ ; ~ ~ . y , while ill tlic servicr. of the Governmc~~t of 'l'he GnmI~in, sl~all directly or indirectly acquire or hold any right or inlr.l-rst I I I I ~ C L - ally prospecting right, cxclusivc prospcctit~g or rninirtg rigl~t or mining Irase, and any licence, right or Icasth or oliirr cloctuncnt or transaction purporting to confer any s ~ r c l ~ rig111 or inlcr.t.st 011 ikrly snch oficer shall be null and void.

79. Any person who without lawful authority shall wilfully break, deface or scinovc, or in any other way interfere with any boundary mark, beacon, pillar or post erected for any of the pur- poses of this Act or undcr any rulcs made thereunder, or remove or alter any such mark, beacon, pillar or post after it has been delin- eated on a plan or sui-vey shall be guilty of an offence and liable, on summary conviction, ro a fine not exceeding one hundred pounds or to imprisonment for a period not exceeding six months or to both such fine and in~~risonrnent.

80, ( I ) Any C+ommissioner, Government medical officer or 0fficc1- of tlic h~iines Department, Survey Department or Labour Dcpartmr~~t may enter upon any land on which mining or prospect- ing opcrarions are being conducted, or which is the subject of any Irase, right or licence under this Act, and inspect any prospecting or mining opcrations or any works in connection therewith.

(2) 'TILL- Inspecror of Mines may inspect and take copies of or extracts from any books, papers, plans and documerlts dealing with the operatioris of the mining lessee or the holder of any right or Iiccnce under this Act and required by this Act to be kept.

(3) .The Xnsprctor of Mincs may at any time take samplcs, make surveys and pedorm any operations that he may deem neces- sary for the purpose of making a report on any land.

O~endldts, 81. The holder of a prospecting right in respect of any open ctc., to be renrcd. shaft made by him, and the lessee of a mining lease, and the Imlder

M. (I ) 'l'lle 1nspccto1- 01' Miiles may i n his discretion hy orclet. l '~""rv"i i~l .1nd

):X tr r itill;: rucluird the lcssce of a mining lcasc or thr iwldcr of itriy rrrtoratiu~~ l i G J t t or liccmce granter1 or llcfd under t11o provisions of this Act i:~lld for ~uit~ii>g, CIC.

ally utlicr Act relating to prospecting or mining to take sucll ~~.tsonid)lc nlcasures for tllc prevention or reduction of soil erosion r.rurrd by his operations or reasonably to restorc any area used for I ~ t ~ s p c c t i ~ ~ g or mining operations by the replacement of the surface nil, t l ~ c filljng i n of worked area, the removal of any tailing or othcr tlirmps or hc;~ps cicaused by such operations and s ~ ~ c h other meti~ods ,s rnny rcasonabIy be requircd and, upon service of such order, the ~iruvisions thereof shall be deemed to be covenants and conditions of rl~c icsse, right or licence concerned.

(2) An order under this section may be issued either before or after tlro commencement of the prospecting or mining operations tir rvliich tl~c order relates.

(3) The lessee of a mining lease or holder of a licence or right hat is the sul;ject of an order made under this section shall have tllc right or appeal within three months against such order to tl:e hliliistcr who may vary, revokc or co~zfirnl the order, the Minister's r l c c i s i u n being final.

(4) An order made or dccjsion giver1 under this section may be relrt by post to the lessee of the mining lcasc or the holder of tllc: riglit or licence concerned, or to the agent of such lcssee or holder.

(5) Where compensatiol~ is to be paid by tile lcssec of a rninilig Ir;lsc or the holder of a right or Jiceace under the provisions of this .\c[ in rcspcct of damage clone to the surface of any I;ulcl, any rr.srosaiion eflccted in accordance with the provisions of this scctinrl sfiirll be taken into account in the assessment of such cornpa~sation.

I J I S ~ W S 83. Any nliriitlg Icsscc or- l ~ ~ ~ l ~ l t r r 111' ;I ;.i!:l~t (11. I ~ C C I I C C WIIO ~011- l v . $ x t ~ j ~

, , sidt.l.s Ilirnsrlr illjut-iot~sly nl1i.t r t . 1 1 1,). t 1 1 4 . rllil~ing or prospcclirig ;i5 !

]'rc,vitlt:tl that t l ~ c : person nl-restcc1 sli;~ll bc t;tkrn, wit11 ;ls little tIri.~! as r~n~siblc , bcfi~re a magistrate to be. dcalt wit11 :iccoi.ding to i.lt\..

87, \Vl~tnc.vcr it is 11rovcd to the ~ i t t i s I ; \ ~ . t i ~ ~ l 01'311y c0~11.t h;iving 1.inl)iIity 01 en~pioycr I;

isdir.~iolr t l~at all ofC~ncc ngainst this Act has beer1 committc~d by ,,~r,.,,,,, .~41y r ~ i i r r ~ r - , workin311 or other person ctnploycd by thc holder ;L co~nlrlitted

his scrvant l,rusj)cctirlg right, exclusive prospecting licrncc, or ;l mining ~.igllt, ur rniniag Icsscc, such holder or lessee shall Le lielit to be liable for lrlclt aflknce ntid to the pcnaIty provicled ihcrel'or, unless !IC shall !I' ovc LU t l~c satisf~~ction of such court tli:~t the offence 1~35: coill- t r~ i t lur l wjtliout his knowledge or consent, and that hc Ilad taken all rr:tsonal~lc means to prevent the commjssion of the offcnce:

Provided that nothing in this section contained shall he deemed 10 cxcmpt sucll miner, workman or other person from the penalties pr-oviclrd for tllc offence committed by him.

M. Evcry milling lease, mining right and exclusive prospecting Rtgiswatic licc~rcr, arid every instrument by or under which the rights, or any portion tlicreof gralltcd by such Icasc, right or licence sIzall bc rrirasfcrrcd, assigned or surrendered, shall be rcgistcred both in the ullicc of the Registrar-General and in the office of the lnspcctor of 5lirlcs within six months of the date thereof, or within such further time, if any, as the licgistrar-General or thc Ir~spcctor of &lines, i t s t l~c case may be, shaII allow and if not so registered shall be null arrd void.

89. Wllerc under this Act the Inspector of Mines is required to Service of notices, ct wrve, or in his discretion desires to serve, any ~~otice, demand or otllcr

communication, such notice, dcmand or other communication rhall be decmcd to have been duly served if sent by registered jlost tu tllc last address in The Gambia (furnished to the Inspector of klinca) of thc person upon whom such notice, dernafid or ot!lcr cornmnnication is required or desired to be scrvcd.

;lll'i l t t ) : s l l i , . 5 . I'l-o\tirli.d i1~; t i i r t tlhc c:~si. 1 1 1 :;rtc.l! It ,r-:; , 1c:111s x t r t f ~-oy;~ltic.s

paid in reupcct of;rny right, licr:111.c: OI. Ic:;~st: t,xi:rciscd on I;utd wllicli (!.L~B. IOY, is subject 16 tile provisio~ts of tilt! I . i r ~ t t l s (I'i.r~\~i~rccs) Act L ~ C hiillistcr

may at the ellcl of cvcry ycar or s\lcl\ ott~cr 1,criod as he may from time to tjmc prescril,~ cause to br. ~,clnittr:d to the District Authorities owning a particular piccc OS I;rncl in ttspcct of which such riglit, licence or leiise sltall hilvc bcclt g~ i l t i t~d S U C I ~ proportion ofthe fees; rents alld royalties i*cccivcd tl~crcrrom as Ile shall consider proper,

(2) The fces, rrnts and royalties payablc under this Act or re- served by any ieasc may be levied or rccovercd under the authority of and in the name of the Inspector of Mines, in like manner as such fecs, rents and royalties are or shalI be leviable or recoverable by law in cases where private persons are concerned.

I41wt.r of h.linbtcr

91, The Mirlister may make rules for all or any of the