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Fiji Legislation |
LAWS OF FIJI
Ed. 1978]
CHAPTER 146
MINING
__________
ARRANGEMENT
OF SECTIONS
__________
PART I-GENERAL
SECTION
1.
Short
title.
2.
Interpretation.
3.
Reservation to the Crown of
minerals.
4.
Power to prohibit prospecting for specified minerals and to grant exclusive
rights.
5.
Director may declare Government protection areas and grant mining tenements
thereover.
6.
Disputes.
7.
Appointment of
officers.
8.
Powers of
inspectors.
9.
Right of entry and
inspection.
10.
Constitution and appointment of Mining Appeals
Board.
11.
Lands closed to prospecting,
etc.
12.
Adjacent land in certain cases to be closed to
application.
13.
Compliance with Companies
Act.
14.
Power of attorney,
etc.
15.
Partnership and company to appoint accredited
agent.
16.
Deposits.
PART II-PROSPECTING AND MINING
17. Applicant or transferee to prove to Director that he has necessary means to prospect or mine.
18.
Director may grant prospector's right and mining
tenement.
19.
Government officers prohibited from acquiring
rights.
20.
Implied covenants in all mining
tenements.
21.
Surrender of mining
tenements.
22.
Surveys.
23.
Grant of prospector's
right.
24.
Rights and obligations under prospector's
right.
25.
Ancillary rights and restrictions under a prospector's
right.
26.
Grant of prospecting
licences.
27.
Rights under a prospecting
licence.
28.
Disposal of minerals obtained in
prospecting.
29.
Grant of permit to mine or mining lease cancels prospecting
licence.
30.
Special prospecting
licence.
31.
Grant of permit to
mine.
32.
Grant of mining
lease.
33.
Application for permit to mine and mining
lease.
34.
Rights under a permit to mine and mining lease.
35. Provisions applicable when precious metals or stones are found on land held under permit to mine or mining lease for other minerals.
36.
Provisions applicable when person desires to mine other
minerals.
37.
Special mining
lease.
38.
Grant of special site
right.
39.
Road access licences.
PART III-DAMAGE AND COMPENSATION
40.
Compensation payable for damage to surface of land and improvements
thereon.
41.
Surface rent payable for disturbance of surface
rights.
42.
Director may suspend and cancel
tenement.
43.
Restoration of land.
PART IV-REGISTRATION, APPROVAL AND STAMPING OF DOCUMENTS
44.
Registration of prospector's rights, prospecting licences and permits to
mine.
45. Mining leases, special site rights and road access licences to be registered by Registrar of Titles.
46.
Director's consent required to deal in
tenement.
47.
Agreements relating to mining tenements to be
disclosed.
48.
Transmission of tenement on death, bankruptcy or unsoundness of
mind.
PART V-MISCELLANEOUS
49.
Indemnification of Board, Director and
inspector.
50.
Government not liable for rent, etc., unpaid and irrecoverable by the
Director.
51.
Livestock not to be
impounded.
52.
Proof of
documents.
53.
Director may issue certified copies and duplicates of
documents.
54.
Royalties.
55.
Recovery of rents,
etc.
56.
Disputes.
PART VI-PENALTIES
57.
Unlawful prospecting and
mining.
58.
Penalty for failure to notify
owner.
59.
Assault on authorised person,
etc.
60.
Fraud by applicant for mining
tenement.
61.
Salting or fraudulent deposit of metal and fraudulent
sampling.
62.
Attempts to injure underground
mines.
63.
Penalty for obstructing holder of prospector's right or mining
tenement.
64.
Penalty for Penalty for injuring boundary
marks.
65.
Cancellation of prospector's right or mining
tenement.
66.
Penalty for mining minerals other than those specified in permit to mine or
mining
lease.
67.
General penalty.
PART VII-REGULATIONS
68.
Regulations.
------------------------------------------------
CHAPTER 146
MINING
Ordinances
Nos. 25 of 1965, 7 of 1966, 37 of
1966,
Order 7th
October, 1970, Act No. 14 of 1975, 13 of 1977
AN ACT
TO REPEAL THE MINING ORDINANCE AND TO MAKE BETTER PROVISIONS RELATING TO
PROSPECTING FOR AND MINING PRECIOUS METALS AND OTHER
MINERALS
[16th December, 1966]
PART I-GENERAL
Short title
1.
This Act may be cited as the Mining Act.
Interpretation
2.
In this Act, unless the context otherwise requires -
"agent" means a person appointed, in writing, to act on behalf of the holder of any mining tenement or having the care or direction of any mi tenement or part thereof;
"alienated land" means land which is the subject of a Crown grant or native grant or certificate of title or any land the subject of a registered lease;
"alluvial" means all mineral deposits which result from the disintegration of older deposits, whose constituents have been brought to their present position by physical agencies;
"authorised officer" means any person authorised, in writing, by Director to perform any of the duties or exercise any of the powers conferred or imposed by the provisions of this Act;
"Board" means the Mining Appeals Board as constituted under the provisions of section 10;
"certified copy" means a copy certified as true by any magistrate, commissioner for oaths, barrister and solicitor, justice of the peace, police officer or any officer appointed under the provisions of this Act;
"Crown land" has the same meaning as in the Crown Lands Act;
(Cap. 132.)
"dealing" means any transaction of whatsoever nature by which an interest in a mining tenement is affected and includes any option when exercised;
"Director" means the Director of Mines appointed under the provisions of this Act;
"Government means the Government of Fiji and for the purposes of avoiding doubt, the Minister by notice, may include or exclude any person from this definition;
"holder" means, in the case of a prospector's right, the person to whom such right was granted and, in the case of a mining tenement, includes a person in whom such mining tenement or part of the rights thereunder has become lawfully vested by transfer, assignment, transmission or otherwise;
"improved land" means the site or curtilage of any building or any garden, lawn, yard, nursery for trees, orchard, plantation, cultivated field (not being pasture land), sports ground, recreation ground, rifle range, reservoir, natural or artificial storage or accumulation of water, or any spring, dam, bore, artesian well, cemetery, burial place or place of worship, or any land on which a railway, tramway, roadway, aerodrome, bridge or culvert is constructed, or any land used for stacking or storing or depositing material or mining requisites;
"improvements" means any house, store, stable, hut or other building or any fence, well, dam, tank, reservoir, trough, pump or other apparatus for raising water or any garden, plantation, cultivation, drain, road, railway, tramway, aerodrome, bridge or culvert;
"inspector" means an inspector of mines appointed under the provisions of this Act and includes any person authorised in writing by the Director to carry out the duties of such inspector;
"land" includes water and land covered by water;
"livestock" means any cattle, horses, donkeys, sheep, goats, pigs and all other domestic animals and their young;
"machinery" means all mechanical appliances of whatsoever kind, except motor vehicles, used for any mining purpose;
"mine" means any place, excavation or working wherein or whereby an operation for or in connection with any mining purpose is or shall be carried on;
"minerals" includes the following minerals:
(a) "precious metals" which shall include gold, silver, platinum, palladium, iridium, osmium, or ores containing them, and all other substances of a similar nature;
(b) "precious stones" which shall include amber, amethyst, beryl, cat's-eye, chrysolite, diamond, emerald, garnet, opal, ruby, sapphire, turquoise, and all other stones of a similar nature;
(c) "earthy minerals" which shall include asbestos, ball-clay, barytes, bauxite, bentonite, china-clay, fuller's earth, graphite, gypsum, marble, mica, nitrates, phosphates, pipeclay, potash, salt, slate, soda, sulphur, talc and all other substances of a similar nature;
(d) "radioactive minerals" which shall include minerals either raw or treated (including residues and tailings) which contain by weight at least 0.05 per cent of uranium or thorium or any combination thereof, including but not limited to:
(i) monazite sand and other ores containing thorium; and
(ii) carnotite, pitch blende and other ores containing uranium;
(e) "coal" which shall include coal in all its varieties land all other substances of a similar nature;
(f) "metalliferous minerals" which shall include aluminium, antimony, arsenic, bismuth, cadmium, chromium, cobalt, copper, iron, lead, manganese, mercury, molybdenum, nickel, tin, tungsten, vanadium, zinc, and all ores containing them, and all other minerals and mineral substances of whatsoever description but excluding only the minerals and mineral substances included in paragraphs (a), (b), (c), (d) and (e),
but shall not include clay, gravel, sand, stone or other common mineral substances, and for the purpose of avoiding doubt the Minister may from time to time by notice in the Gazette declare any mineral substance to be included in or excluded from this definition;
"mining tenement" means any lease, licence, right, permit, title, easement or privilege, other than a prospector's right, relating to prospecting and mining, lawfully granted or acquired under the provisions of this Act or any former Mining Ordinance, and includes the specific parcel of land the subject of such lease, licence, right, permit, title, easement or privilege;
"native land" means land which is neither Crown land, nor the subject of a Crown or native grant;
"occupier" means the person in actual occupation of any land, or, if there is no person in actual occupation, the person entitled to possession thereof;
"owner" means the registered proprietor of land and includes a lessee; in relation to native land it means the Native Land Trust Board acting on behalf of the registered native owners, and in relation to Crown land it means the Director of Lands;
"passageway" means and highway, road, street, footpath, railway, tramway, wireline, cableway, chute, pipe, sewer, drain, tunnel, shaft or race and includes any right-of-way or easement;
"prescribed" means prescribed by or under the provisions of this Act, or, where the context specifies or implies, by any lease, licence, right or permit granted under the provisions of this Act;
"prospect" means to search for minerals and includes such working as may be prescribed to enable the prospector to test and assess the mineral bearing qualities of any land;
"race" means any artificial channel or ditch or flume or pipe for the conveyance of water or water and refuse;
"Regulations" means the Regulations and forms for the time being in force under the provisions of this Act;
"rent" unless otherwise specified means sub-surface rent;
"shaft" means any vertical or inclined tunnel other than a stope which is or might be used for winding, travelling, draining, or ventilation purposes in connexion with prospecting or mining operations;
"tailings" means all gravel, sand, slime or other substance which is the residue of bona fide mining operations;
"to mine" means to disturb, remove, cart, carry, wash, sift, smelt, refine, crush or otherwise deal with any rock or earth by any mode or method whatsoever for the purpose of obtaining any mineral therefrom;
"unimproved land" means any land other than improved land.
Reservation to the Crown of minerals
3.-(1)
All minerals of every description, including crude oil as defined in the
Petroleum (Exploration and Exploitation) Act, in or under all lands of
whatsoever ownership or tenure and in whosesoever possession or enjoyment they
may be, are, and shall be
deemed always to have been, the property of the Crown
and shall be deemed not to have been parted with under any alienation,
dedication,
lease, licence or permit of such lands save in so far as such rights
may in any case have been limited by any express grant made
before the
commencement of this
Act.
(Cap.
148)
(2)
Subject to the provisions of Part III, the Crown, either alone or in conjunction
with any other person, shall have full liberty
at all times to search, dig for
and carry away all such minerals of every description and for that purpose to
enter upon all lands
throughout
Fiji.
(3) The rights conferred
upon the Crown under the provisions of subsection (2) may only be exercised by
the Director, an inspector
or any authorised officer.
Power to prohibit prospecting for specified minerals and to grant exclusive rights
4.
The Minister may by order prohibit or restrict prospecting for any specified
mineral throughout the whole or any specified part of
Fiji, and, by the same or
by a subsequent order, grant the exclusive right to prospect for any mineral so
specified to such person
as may be named in the order and the provisions of this
Act relating to prospector's rights shall apply to an exclusive right to
prospect granted under the provisions of this section.
Director may declare Government protection areas and grant mining tenements thereover
5.-(1)
Notwithstanding any provision of this Act, the Director may, by notice in the
Gazette, declare any area, not exceeding 250ha
in extent in any instance, to be
a Government protection area, and may in like manner cancel the declaration of
any such Government
protection area.
(Amended by 37 of 1966, s. 106.)
(2)
No person shall prospect or mine in a Government protection area without the
consent of the Director:
Provided
that this subsection shall not apply to the holder of any mining tenement in
respect of any land the subject of such tenement
included in any Government
protection area.
(3) Subject to
the approval of the Minister, the Director may call for tenders for the right to
prospect or mine in any such area,
and may grant a mining tenement to any person
on such terms and conditions, whether in accordance with the provisions of this
Act
or not, as the Minister may think fit, but, save as varied by any such terms
and conditions, the provisions of this Act shall be
applicable to any such
mining tenement.
Disputes
6.
At the request in writing of all parties thereto the Director may decide any
dispute, other than a dispute which he is expressly
empowered to decide under
any other provisions of this Act, between persons engaged in prospecting or
mining operations either amongst
themselves or in relation to themselves and
third parties, concerning any rights arising under the provisions of this Act
relating
to any of the following matters:-
(a) disputed boundaries;
(b) acts, omissions or matters in the course of, connected with, or auxiliary to prospecting or mining operations:
Provided
that the Director may, in his discretion, refuse to decide any such
dispute.
Appointment of officers
7.
The Public Service Commission may appoint a Director of Mines and such
inspectors of mines and other officers as may be necessary
for carrying into
effect the provisions of this Act.
Powers of inspectors
8.-(1)
An inspector may -
(a) arrest without warrant any person whom he may find committing, or whom he reasonably suspects of having committed, any offence against the provisions of this Act. The person arrested shall be taken with as little delay as possible to the nearest police station to be dealt with according to law;
(b) by notice in writing, require any holder of a prospector's right or mining tenement or any person employed by such holder of a mining tenement, to appear before him at any reasonable time and place and give such information regarding operations in or about the area being prospected or mined as such person may possess, who shall be legally bound to comply with such notice and to give such information;
(c) by order in writing direct that prospecting or mining operations shall be suspended in any area, whether the subject of a mining tenement or not, until such arrangements, as are in his opinion necessary to prevent danger to life or property, have been made.
(2)
Any person who contravenes or fails to comply with any notice or order made
under the provisions of paragraphs
(b)
or (c)
of subsection (1) shall be guilty of an
offence and shall be liable to a fine not exceeding one hundred dollars or to
imprisonment
for a term not exceeding six months.
Right of entry and inspection
9.-(1)
In so far as it is necessary for the purpose of his duties under the provisions
of this Act, the Director, an inspector or any
authorised officer may, at all
reasonable times by day or night, but so as not unreasonably to impede or
obstruct the work in progress-
(a) enter, inspect and examine any land for the purpose of assessing its mineral potential or any land on which prospecting or mining operations are being conducted or which is the subject of any mining tenement:
Provided that no person shall enter any land within the curtilage of a dwelling-house without first informing the occupier of his intention to do so;
(b) examine and make inquiry respecting the condition and ventilation of any mine and any building connected with prospecting or mining operations and all matters relating to the safety, welfare and health of the persons employed therein;
(c) inspect and examine the state of the external parts of the machinery used upon or in the mine, and the state of all plant, works and passageways;
(d) examine and take extracts from all books, accounts, vouchers and documents relating to prospecting or mining operations or to any minerals obtained by such operations; and
(e) examine and take samples of any material being prospected or mined.
(2)
Any officer of the Mineral Resources Division of the Government may exercise all
or any of the powers conferred upon the Director
by the provisions of paragraph
(a)
of subsection (1).
Constitution and appointment of Mining Appeals Board
10.-(1)
There shall be constituted an Appeals Board called the "Mining Appeals Board"
which shall consist of a chairman and three other
members to be appointed by the
Minister. One member shall be a barrister and solicitor. Three members shall
form a quorum.
(2) The chairman
shall have an original vote and, in the event of equality of votes, shall have a
casting vote. In the absence of
the chairman from a meeting the members present
shall elect one of their number to be
chairman.
(3) Any person aggrieved
by any decision of the Director made under the provisions of this Act, may,
within thirty days of the date
of the receipt of such decision, or such longer
period as the Board may in any case allow, appeal from such decision to the
Board.
Every such appeal shall be in writing and shall state the grounds
thereof.
(4) The Board shall have
power to summon and examine witnesses on oath and affirmation and to require the
production of all documents
relevant to an appeal, but shall not be bound by the
rules of evidence in civil or criminal
proceedings:
Provided that if any
witness objects to answering any question or to producing any document on the
ground that it will tend to incriminate
him or on any other lawful ground, he
shall not be required to answer such question or to produce such document, nor
shall he be
liable to any penalties for refusing to do
so.
(5) Any person summoned as a
witness under the provisions of subsection (4) who fails to attend at the time
and place mentioned in
the summons, or on adjournment, or without lawful excuse
refuses to answer any question put to him or to produce any document which
he is
required to produce shall be guilty of an offence and shall be liable to a fine
not exceeding twenty dollars.
(6)
The Board may make rules as to the procedure for appeals under the provisions of
this Act.
(7) Any person,
including the Director, aggrieved by a decision of the Board, may, within thirty
days of the date of the receipt of
such decision, or such longer period as the
Court may in any case allow, appeal from such decision to the Supreme Court
which on
the determination of any such appeal may make such order as to it seems
just. The decision of the Supreme Court shall be final.
Lands closed to prospecting, etc.
11.-(1)
Save as may be otherwise provided by the provisions of this Act, the following
classes of land shall be closed to prospecting
or mining or entry upon or
occupation under any prospector's right or mining tenement:
(a) any Fijian village;
(b) any land used as a place of burial or set apart for any public purpose;
(c) any land within 30 m of an inhabited house or building, except with the consent in writing of the owner or occupier thereof;
(d) any land under crop and land ploughed or otherwise cultivated and rendered fit for planting and habitually used for the planting of crops, except with the consent in writing of the owner or occupier thereof;
(e) any land within the boundaries of any city or town except with the consent of the owner of surface rights;
(f) any land reserved for the purpose of any railway or public road or within 15 m of any such railway or road, except with the consent of the owner thereof, or, as the case may be, the Permanent Secretary for Works;
(g) any land within 60 m of any spring in use as a source of water supply or any area declared as a catchment area for water supply purposes or any artificial reservoir, water-works or water supply buildings, except with the consent of the Commissioner of Water Supply;
(h) any reserved forest, declared as such under the provisions of the Forest Act, except with the consent of the Conservator of Forests;
(Cap. 150.)
(i) any land which the Minister may, by order, close to prospecting or mining or entry upon or occupation under any prospector's right or mining tenement.
(Amended by Order 7th October, 1970 and 14 of 1975, s. 34.)
(2)
Should any question arise as to whether any particular land is close under the
provisions of subsection (1), it shall be referred
to the Minister whose
decision shall be final.
(3) In
any area so closed, the Director may, subject to the approval of the Minister,
grant a mining tenement to any person on such
terms and conditions, including
conditions relating to immediate and prospective damage and compensation
therefor, whether in accordance
with the provisions of this Act or not, as the
Minister may think fit, but, save as varied by any such terns and conditions,
the
provisions of this Act shall be applicable to any such mining
tenement.
(4) Where consent is
refused under the provisions of paragraphs
(c),
(d), (e),
(f),
(g)
or
(h)
of subsection (1), an appeal shall lie to the Board in the same as an appeal
lies to the Board from any decision of the Director
but the decision of the
Board shall be final. If the Board gives consent it may impose such conditions
as to prospecting or mining
as it thinks fit whether in accordance with the
provisions of this Act or not.
Adjacent land in certain cases to be closed to application
12.
At any time after the presentation of an application for a prospecting licence
the Director may, by notice in the Gazette, declare
that such adjacent land as
may be specified in such notice shall be closed to marking out for the purpose
of applying for a prospecting
licence for such period as he may
decide.
Compliance with Companies Act
13.-(1)
No mining tenement shall be granted to any company incorporated outside Fiji
unless such company has first complied with the
provisions of Part XII of the
Companies
Act.
(Cap.
247.)
(2) Any mining tenement
granted to any incorporated company may be cancelled by the Director if such
company fails to comply with
any of the provisions of the Companies Act which
may be applicable to such
company.
(Cap.
247.)
Power of attorney etc.
14.-(1)
On payment of the prescribed fee, the holder of any mining tenement may
authorise and appoint by power of attorney any person
to act for him or on
behalf in respect of any share or interest in such tenement, and a certified
copy of such power of attorney
shall be filed with the
Director.
(2) If the holder of a
mining tenement does not reside on his tenement or, in the opinion of the
Director, does not reside sufficiently
near thereto to give continuous
supervision of the prospecting or mining operations being conducted on such
tenement he shall, at
all times, have so residing a responsible person in charge
of such operations and shall forthwith notify the Director of the appointment
of
every such person and of every change in such appointment.
Partnership and company to appoint accredited agent
15.-(1)
Every partnership or company which applies for a mining tenement shall at the
time of such application register at the office
of the Director the name of an
accredited agent residing in Fiji, and such agent shall, when registered be
personally responsible
under the provisions of this Act for all matters, acts
and omissions in connexion with such tenement in the same manner as if such
tenement were granted in his name as his own
property.
(2) If at any time any
such partnership or company revokes the registration of its accredited agent, it
shall register some other
person as its accredited
agent.
(3) A registered accredited
agent may at any time resign his appointment by giving notice in writing to the
Director, but such resignation
shall not take effect until the expiration of
forty-eight hours after the receipt of such notice by the
Director.
(4) Within forty-eight
hours after receipt of notice from the Director of the fact that its registered
accredited agent has resigned,
the partnership or company in question shall
register some other person as its accredited
agent.
(5) Nothing in this section
shall be deemed to relieve a company or the members of a partnership of any
obligations imposed under
the provisions of this Act in regard to any mining
tenement held by such company or partnership.
Deposits
16.-(1)
As a guarantee for the due performance of any obligation imposed by the
provisions of this Act, the Director may require any
person, either on first
making application for a mining tenement or at any time during the currency
thereof, to deposit with him
such sum as he may specify, or such guarantee in a
like amount as may be approved by him, and if such person fails to make such
deposit
within thirty days or such further time as the Director may specify, the
application may be refused or the mining tenement suspended
or
cancelled:
Provided that on the
application of the owner or occupier of any land being prospected, the Director
may require-
(a) a deposit or an increased deposit from the holder of a prospector's right; or
(b) an increased deposit from the holder of a mining tenement.
(2)
Where, after due notice, a person has failed to meet any imposed upon him by the
provisions of this Act, the Director may take
such steps he shall deem
practicable to fulfil such obligation and, for such purposes, may expend from
any deposit whatsoever made
by that person such sum as he shall consider
reasonable. Any expense incurred by the Director in so doing shall be a lawful
deduction
from such deposit.
(3)
Where any deposit or portion thereof has been expended in accordance with the
provisions of subsection (2), the Director may by
notice in writing require the
depositor to deposit, within such time as the Director may specify in such
notice, a further sum equal
to the amount so expended. Failure to do so within
the time so specified shall render any prospector's right or mining tenement
held
by the depositor liable to suspension or
cancellation.
(4) Upon the
cancellation of any prospector's right or mining tenement in respect of which
any sum has been deposited with the Director,
the person by whom such sum was
deposited or in whom the right of refund has been vested transfer, may make
application in writing
to the Director for the refund of such deposit or balance
thereof and the Director may authorise such refund to be
made:
Provided that
-
(a) the Director shall withhold such refund for such time as he may so that he may make any investigations he considers desirable into the obligations of the person entitled to such refund; and
(b) such refund shall be without prejudice to any claim or proceedings existing or which may arise through the breach by the holder or by his servants or agents of any of the provisions of this Act.
(5)
Upon the transfer of any mining tenement the right to a refund of any sum
deposited under the provisions of this section shall
be vested in the
transferee.
PART II-PROSPECTING AND MINING
Applicant or transferee to prove to Director that he has necessary means to prospect or mine
17.
The Director may call upon any applicant for a mining tenement, or any proposed
transferee thereof, to prove in such manner as he
may direct and to his
satisfaction, that the applicant or proposed transferee has the working capital
necessary to prospect or mine
the area in question and for the payment of
compensation which may be payable to the owners or occupiers of the land in
respect of
which the tenement is required, and is in a position to carry on bona
fide and efficient prospecting or mining.
Director may grant prospector's right and mining tenement
18.-(1)
Subject to the provisions of this Act and to any general or special directions
of the Minister, the Director may grant -
(a) prospector's rights;
(b) prospecting licences;
(c) special prospecting licences;
(d) permits to mine;
(e) mining leases;
(f) special mining leases;
(g) special site rights;
(h) road access licences.
(2)
The Director shall keep a presentation book in which shall be entered the
particulars of every application for a mining tenement
which is presented to him
with the date and time of
presentation.
(3) Every applicant
for a mining tenement shall, in the form prescribed, advertise such application
in the Gazette and in one newspaper
circulating in Fiji. The owner or occupier
of any land affected by the application, or any other applicant for a mining
tenement
in respect of the whole or any part of such land, may, within thirty
days of the date of publication of the later of such advertisements,
object to
the grant of such tenement. Every objection made under the provisions of this
subsection shall be made by notice in writing
to the Director and the notice
shall set out the grounds for such objection. Before granting the tenement the
Director shall consider
every such
objection.
(4) Any sum of money
deposited for rent or fees shall be forfeited if an application for a mining
tenement is not proceeded with within
a period of sixty days from the date on
which the approval of the grant is notified by the Director to the applicant, or
in the event
of an appeal against such approval, within sixty days after the
final determination of such appeal, whichever is the later
date:
Provided that if the
application is withdrawn within the period aforementioned, refund of the said
sum shall be made less an amount
to cover any costs incurred by the Director in
dealing with the application.
Government officers prohibited from acquiring rights
19.
No public officer shall directly or indirectly acquire or hold any right or
interest under any prospector's right or mining tenement,
and any lease,
licence, right, permit or other document or dealing purporting to confer any
such right or interest on any such officer
shall be null and
void:
Provided that, with the
permission of the Permanent Secretary responsible for civil service matters, a
person temporarily employed
by the Government may retain any such right or
interest acquired prior to accepting Government employment.
Implied covenants in all mining tenements
20.-(1)
In every mining tenement, unless a contrary intention appears therein, there
shall be implied the following covenants against
the holder, his executors,
administrators, successors or assigns:
(a) that he will pay rent or fees in advance without demand at the time prescribed; and
(b) that he will use the land continuously and bona fide for the purposes for which the mining tenement was granted and in accordance with the provisions of this Act.
(2)
Every mining tenement shall refer to a specific parcel of land which shall be
deemed to be bounded by vertical planes from the
surface boundary lines drawn
downwards to an unlimited depth from the
surface.
(3) The holder of a
mining tenement shall not be entitled to take or use any water artificially
conserved by the owner or occupier
of any land without the consent of such owner
or occupier.
(4) On any land the
subject of a mining tenement, the holder of such tenement may, for the more
convenient occupation and use of such
land -
(a) cut take and use without payment therefore any tree not be in tree or a tree of the sandalwood species or Yasidina (Santalum yasi) or a tree included in class 1, 2 or 3 in the First Schedule to Regulations; and
(b) remove any undergrowth growing thereon; but
(c) shall not fell any planted tree or the sandalwood species or (Santalum yasi) or any tree included in any of the aforesaid without the consent of the owner or occupier of such land:
Provided that in the event of such owner or occupier refusing to consent to the felling of any such tree, the holder of such may make representations to the Director, who shall decide the issue.
(Section amended by 13 of 1977, s. 11.)
Surrender of mining tenements
21.
Any mining tenement may, upon payment of the prescribed fee the consent of the
Director, be surrendered at any
time:
Provided
that-
(a) at the time of such surrender all terms, covenants and conditions on the part of the holder to be observed or performed have been duly observed and performed;
(b) such surrender shall not affect any liability incurred by the holder before such surrender shall have taken effect; and
(c) no fees or rent shall be refunded.
Surveys
22.-(1)
Every mining lease and special mining lease, and every road access licence and
special site right held in connexion with a mining
lease or special lease, shall
be surveyed in accordance with the provisions of the Surveyors Act, subject to
such modifications as
may be required under the provisions of this
Act.
(Cap 260.)
(2)
Every applicant for any such mining tenement shall, in addition to any other
deposit required under the provisions of this Act,
deposit with his application
the sum of forty dollars in respect of the survey fee, and if such application
is refused before survey
is made the amount so deposited shall be returned to
the applicant.
(3) If the
application for such a mining tenement is approved, the applicant shall be
notified of the estimated amount of the survey
fee, and if such fee is in excess
of the amount specified in subsection (2), he shall be required to deposit the
amount of such excess
with the Director within thirty days of being so
notified:
Provided that upon
completion of survey and the receipt of plans in due order the Director shall
determine the exact amount payable
by the applicant and shall cause any
corresponding adjustment to be made in the amount previously deposited by the
applicant in respect
of the survey
fee.
(4) The Director may require
a survey of any other mining tenement to be made in accordance with the
provisions of this section and
for such purpose may require the holder of, or
applicant for, such tenement to deposit with him the estimated amount of the
survey
fee.
Grant of prospector's right
23.-(1)
The Director or an authorised officer may grant to any person a prospector's
right on application being made in the prescribed
form in writing upon the
payment of the prescribed
fee:
Provided that a prospector's
right shall not be granted -
(a) to any person who is under twenty-one years of age;
(b) to any person who is unable to prove to the satisfaction of the officer issuing the right that he can understand the provisions of this Act to such extent as to enable him to carry out the obligations imposed by it;
(c) to any person to whom there has previously been issued a prospector's right which has not been surrendered or cancelled and which is in all other respects still valid;
(d) except with the consent of the Minister, to any person who has been convicted of an offence under the provisions of this Act or any other Act made in connection with mining, explosives or the employment of labour or of an offence involving dishonesty or fraud, since he was last issued with a prospector's right.
(2)
A prospector's right shall not be granted in the name of a company partnership
but may be granted to an individual as agent of
a company or partnership and in
such case application shall be made by the individual in person who must
either-
(a) be the lawfully constituted attorney of the company or partnership;
(b) produce a document in writing signed by a director or responsible manager or partner or agent of the company or partnership, containing an undertaking by the company or partnership to be responsible for the acts and omissions of the individual, who shall also be responsible for his own acts and omissions.
(3)
A prospector's right shall not be transferable and shall be in force for a
period of one year from the date of
grant.
(4) A prospector's right
shall be produced whenever demanded by inspector, authorised officer or police
officer or by the owner or
occupier of any land on which the holder thereof is
prospecting.
Rights and obligations under prospector's right
24.
(1) Subject to the provisions of this Act and to any law relating to drainage,
land conservation and the control of natural water
supplies, the holder of a
prospector's right may -
(a) enter any land open to prospecting having first given notice in writing to the owner or occupier of his intention to do so, such notice to include the name and address of the prospector and the number of prospector's right:
Provided that he shall not enter on-
(i) unalienated native land unless he shall have sent copies of such notice to the Native Land Trust Board and to Commissioner for the Division in which such land is situated, and has complied with all reasonable directions given by such Commissioner for the maintenance of amicable relations between such prospector and the native owners;
(ii) land the subject of a prospecting licence or special prospecting licence except with the consent in writing of the holder prospecting licence or special prospecting licence;
(iii) land the subject of a permit to mine, mining lease or special mining lease, for precious metals or precious stones;
(iv) land the subject of a permit to mine, mining lease or special mining lease, for minerals other than precious metals or precious stones except with the consent in writing of the holder thereof and then only for the purpose of prospecting for minerals other than those specified in the permit to mine, mining lease or special mining lease:
Notwithstanding anything contained in this proviso the Director may, if in his opinion any consent required by sub-paragraphs (ii) or (iv) is being unreasonably withheld, waive the requirement for consent therein contained subject to such conditions as he may see fit to impose and any such waiver shall be a decision of the Director;
(b) prospect for all minerals except minerals for which prospecting is forbidden or restricted under the provisions of section 4;
(c) remove any undergrowth and cut, take and use for prospecting purposes without payment therefor, any tree not being a planted tree or a tree of the sandalwood species or Yasidina (Santalum yasi) or a tree included in class 1, 2 or 3 in the First Schedule to the Forest Regulations:
Provided that the Director may impose restrictions on or regulate the clearing of trees or bush when such clearing shall appear to him likely to interfere with the course of any stream or to cause erosion;
(Amended by 13 of 1977, s. 11.)
(d) sink shafts and pits or dig holes and trenches but shall not remove over burden from ground which can reasonably be tested or sample by pits not exceeding four feet square or by bore holes:
Provided that-
(i) such excavations shall be fenced or secured, and on the prospector leaving the neighbourhood, filled up in such a manner as to prevent persons or livestock inadvertently entering therein; and
(ii) if any holder of a prospector's right neglects to comply with provisions of this paragraph, the Director shall have the right to cause such excavations to be filled up or to take such other protective measures as may be necessary and for so doing may charge such holder such sum as the Director considers reasonable, and such sum shall be a lawful deduction from any amount deposited by such holder with the Director under provisions of this Act. Such filling up by the Director and the payment of such sum by the holder shall not exempt the holder from his liability under the provisions of this Act or any other law for his failure to fill up such excavations;
(e) use so much water from a water-course as will enable him to test the mineral-bearing qualities of the land by washing, sluicing or other means:
Provided that where, in the opinion of an inspector, such use of water interferes with or is likely to interfere with any existing user of water, or to interrupt or adversely affect the quality and flow of any water, the holder shall cease such use, on being required to do so by the inspector, until he has made such arrangements as will satisfy the inspector;
(f) mark out and apply for a mining tenement.
(2)
In the event of the owner or occupier of any land entered by any prospector
under the provisions of subsection (1) making representations
to the Director
concerning the activity of such prospector on that land, the Director or an
inspector may give such directions to
the prospector as the Director or such
inspector may give such directions to the prospector as the Director or such
inspector considers
necessary for the purpose of avoiding friction between such
prospector and the owner or occupier of such land and the prospector
shall
-
(a) comply with such directions; and
(b) if so required by the Director or an inspector, desist from prospecting on such land until amicable relations are, in the opinion of the Director or an inspector, established between him and the owner or occupier of such land.
(3)
Every notice given under the provisions of paragraph
(a)
of subsection (1) shall expire at the end of three months after it is
given.
(4) The requirements of
paragraph
(a)
of subsection (1) as to the giving of notice therein required to be given shall
be sufficiently complied with by post such notice
by registered post to the last
known address of the owner or occupier of the land, or if such address is not
known to the prospector
and cannot ascertained by the exercise of reasonable
diligence, by affixing such notice in a conspicuous position on such land in
such manner that it can be easily seen by a person entering upon such
land.
Ancillary rights and restrictions under a prospector's right
25.-(1)
-Whilst engaged in bona fide prospecting the holder of a prospector's right may
-
(a) on any unimproved land-
(i) erect a temporary camp and such temporary structures as may be necessary and enter into temporary occupation thereof :
Provided that if the owner or occupier of such land shall so require, the camp and structures shall be erected in such suitable place thereon as he may select;
(ii) take fuel, other than standing timber, for domestic use;
(b) take water for his domestic use from any spring, water hole, lake, river or stream:
Provided that he shall not be entitled to take or use any water artificially conserved by the owner or occupier of any land without the consent of such owner or occupier.
(2)
A prospector shall not burn any grass, bush, forest, undergrowth or other
standing vegetation or cause or permit the same to be
burned, except at such
times and in accordance with such conditions as may, from time to time, be
specified by the Director by notice
in the Gazette and in one newspaper
circulating in Fiji.
(3) The
holder of a prospector's right shall pay compensation to the persons entitled
thereto for all damage done to the surface of
any land or to an improvements
thereon, in exercise of the liberties and powers conferred by such right, and
such compensation shall
become payable at the time when such damage
occurs.
Grant of prospecting licences
26.-(1)
Subject to the provisions of this Act and to any terms and conditions not
inconsistent therewith that he may think fit, the Director
may grant a
prospecting licence over an area, not exceeding 400 ha to prospect for such
minerals as are specified in the licence,
to any person who, being the holder of
a prospector's right, has, either personally or by an agent who is the
prospector's right,
given notice as required under the provisions of paragraph
(a)
subsection (1) of section
24
and, before the expiry of such notice, marked out in the prescribed manner the
area over which the licence is applied
for:
Provided that the total area
the subject of all prospecting licences held, directly or indirectly, by any one
person shall not exceed
1,200
ha.
(2) Every application for a
prospecting licence shall be made in the prescribed form and shall be
accompanied by the prescribed fees.
(3) (a) Before granting any prospecting licence the Director may require the applicant to deposit a bond with or without sureties in the sum of one hundred dollars or such greater sum as the Director may think fit.
(b) The bond shall be given to the Director by the applicant or by some other person approved by the Director and shall be conditioned upon the due execution and observance of all the covenants, terms and conditions of the licence when granted.
(c) The sum mentioned in the bond given under the provisions of this subsection shall not be a penalty but shall be liquidated damages and recoverable in full unless the person giving the bond proves performance of every condition upon which the bond is defeasible.
(4)
On the application of the holder the Director may add to or vary the minerals
specified in any prospecting
licence.
(5) A prospecting licence
may be granted for such period as may be prescribed and may be extended for such
periods as the Director
may determine.
(Amended by 7 of 1966, s. 41.)
Rights under a prospecting licence
27.-(1)
Subject to the provisions of this Act, the holder of a prospecting licence shall
have the exclusive right to prospect for the
mineral or minerals specified in
his licence on the land the subject of his licence, and for such purposes may
-
(a) enter upon such land with his servants and agents and thereon exercise all or any of the rights conferred upon the holder of a prospector's right by the provisions of this Act;
(b) on and over any unimproved land the subject of his licence, erect and maintain such machinery and plant and construct such passageways, as may be necessary.
(2)
The holder of a prospecting licence who shall have fulfilled all conditions
attached thereto may, upon payment of the prescribed
fees -
(a) apply for extension of such licence at any time before such licence expires or within seven days thereafter;
(Amended by 7 of 1966, s. 41.)
(b) mark out any reduced area or areas within the land the subject of such licence if applying for an extension of such licence in respect of such reduced area or areas only;
(Amended by 7 of 1966, s. 41.)
(c) mark out and apply for the grant of any other mining tenement or tenements over the whole or any part of the land the subject of his licence.
Disposal of minerals obtained in prospecting
28.
All minerals obtained in the course of prospecting under a prospector's right or
prospecting licence shall be the property of the
Crown and shall not be removed
from the vicinity whence they were obtained nor disposed of by the holder of the
right or licence
without the consent in writing of the Director, except in so
far as may be necessary for the purpose of sampling and assay.
Grant of permit to mine or mining lease cancels prospecting licence
29.
A prospecting licence shall be cancelled automatically by the grant to the
holder of such prospecting licence of a permit to mine,
mining lease or special
mining lease over the whole or any part of the land the subject of that
prospecting licence:
Provided that
if within fourteen days after the grant of such permit or lease, as the case may
be, the holder of the licence applies
for a new prospecting licence in respect
of the whole or any part of the land the subject of the licence so cancelled but
not the
subject of such permit or lease, his application for such new
prospecting licence shall be given priority over all other applications
in
respect of the same land or any part thereof.
Special prospecting licence
30.-(1)
Notwithstanding the provisions of section
26,
the Director may, subject to the approval of the Minister, grant special
prospecting licences upon such terms and conditions, whether
in accordance with
the provisions of this Act or not, as the Minister may think fit, but, save as
varied by any such terms and conditions,
the provisions of this Act applicable
to a prospecting licence shall be applicable to all such special prospecting
licences:
Provided that, unless an
applicant satisfies the Director that there are unusual circumstances which
warrant it, a special prospecting
licence shall not be granted in respect of any
area which is less than 1,300 ha in
extent.
(2) The application for a
special prospecting licence shall be in the form prescribed for a prospecting
licence.
Grant of permit to mine
31.-(1)
Subject to the provisions of this Act and to any terms and conditions not
inconsistent therewith that he may think fit, the Director
may grant a permit to
mine-
(a) to any person who, being the holder of a prospector's right, has, either personally or by an agent who is the holder of a prospector's right, given notice as required under the provisions of paragraph (a) of subsection (1) of section 24 and, before the expiry of such notice, marked out in the prescribed manner the area over which the permit to mine is applied for; or
(b) to the holder of a prospecting licence in respect of the whole or any part of the land the subject of that licence.
(2)
A permit to mine shall be of such shape and size as may be prescribed and may be
granted for a period of two years commencing
from the date of the grant of the
permit.
(3) A permit to mine may
be extended for a period of one year in respect of each such
extension.
(Amended by 7 of 1966, s. 41.)
(4)
Whenever the Director shall be satisfied that the mineral bearing qualities of
the land or any portion thereof the subject of
a permit to mine are such as to
justify the grant of a mining lease or mining leases over all or any part f such
land, he may, by
notice in writing served on the holder of such permit, cancel
the permit to mine either in respect of the whole or any specified
part of the
land the subject of such permit, as from a date being not earlier than three
months after the date of such notice. On
making application therefor in the
prescribed form and on payment of the prescribed fees, not later than one month
before the expiry
of such notice, the holder of such permit shall be entitled to
the grant of a mining leas or mining leases over the whole or any
part of the
land specified in such notice a d until the grant of any lease or leases so
applied for such permit to mine shall remain
in full force and effect in respect
of the land the subject of such
application.
(5) The holder of a
permit to mine cancelled under the pro subsection (4) shall have a preferential
claim to a permit to mine in respect
of any portion of the land the subject of
the cancelled permit for which no application for mining lease or mining leases
is made
within six months from such cancellation.
Grant of mining lease
32.-(1)
Subject to the provisions of this Act and to any terms and conditions not
inconsistent therewith that he may think fit, the Director
may grant a mining
lease -
(a) to any person who, being the holder of a prospector's right, has, either personally or by an agent who is the holder of a prospector's right, given notice as required under the provisions of paragraph (a) of subsection (1) of section 24 and, before the expiry of such notice, marked out in the prescribed manner the area over which the lease applied for;
(b) to the holder of a prospecting licence in respect of the whole or any part of the land the subject of that licence; or
(c) to the holder of a permit to mine in respect of the whole or any part of the land the subject of that permit.
(2)
A mining lease may be granted for such term being not less than five nor more
than twenty-one years as the Director may think
fit. The date of commencement of
such term shall be the date of the grant of the lease or such other date as the
Director may decide:
Provided that
if a mining lease is granted to the holder of a permit to mine over the whole or
any part of the land the subject of
such permit, such lease shall commence from
the date of the grant of such
permit.
(3) If at the expiration
of the term originally granted or of any extension thereof the holder of a
mining lease shall -
(a) be conducting mining operations thereon in a normal and businesslike manner; and
(b) have given two months' notice in writing in that behalf,
then
he shall, on payment of the prescribed fees, be entitled to obtain an extension
thereof for a further term not exceeding twenty-one
years upon the conditions
which are then generally applicable to new mining
leases:
Provided that he shall not
be so entitled if the lease is liable to cancellation under any of the
provisions of this Act.
(Amended by 7 of 1966, s. 41.)
(4)
Subject to the provisions of section
21,
a mining lease may be surrendered in the manner provided by section
62
of the Land Transfer
Act.
(Cap.
131.)
Application for permit to mine and mining lease
33.-(1)
Every application for a permit to mine or mining lease shall be m in the
prescribed form and shall be accompanied by the prescribed
fees, together with a
deposit for the first half year's rent and such other deposits as may required
under the provisions of sections
16
and
22.
(2)
An applicant for a permit to mine or mining lease shall, until the application
is refused or otherwise disposed of, be deemed
to have sufficient title to the
land the subject of the application and to the minerals therein contained
support an action or prosecution
for trespass.
Rights under permit to mine and mining lease
34.-(1)
Subject to the provisions of this Act, the holder of a permit to mine or mining
lease shall have the exclusive right to mine
on or under the land the subject of
his tenement for the mineral or minerals specified in his tenement and remove or
dispose of any
such mineral or minerals, and for such purposes
may
(a) make all necessary excavations;
(b) erect, construct and maintain houses and buildings for the use c himself, his servants and agents;
(c) erect, construct and maintain such machinery and buildings, workshop, and other erections as may be necessary or convenient;
(d) stack or dump any products of mining;
(e) lay water pipes and make water races and ponds, dams and reservoirs and divert any water on or flowing through the land the subject of his tenement:
Provided that any water so diverted shall be returned to its natural channel before it leaves such land;
(f) construct and maintain all such passageways, communications and conveniences as may be necessary or convenient.
(2)
Before commencing any mining operations or any new mining operation on or under
any land the subject of any permit to mine or
mining lease, every person
entitled to mine on or under such land shall give to the owner or occupier of
such land, notice, in such
manner as may be prescribed, of his intention to
commence such operations and of the nature of any such operations of which
previous
notice has not been given.
Provisions applicable when precious metals or stones are found on land held under permit to mine or mining lease for other minerals
35.-(1)
Any person who finds any precious metals or precious stones on or under any land
the subject of an existing mining tenement held
by any other person may, unless
such precious metals or precious stones are specified in the mining tenement
held by such other person,
apply for a prospecting licence, permit to mine or
mining lease for the purpose of prospecting for or mining such precious metals
or precious stones and, subject to the compliance by such person with the
provisions of this Act relating to the grant of the mining
tenement so applied
for, the Director may grant such mining tenement to such person over the whole
or any part of the land the subject
of the existing mining
tenement.
(2) The holder of any
mining tenement granted pursuant to the provisions of subsection (1) shall not
be entitled to exercise any of
the rights conferred by such mining tenement so
as to interfere with any workings in the actual u of the holder of any other
mining
tenement previously granted in respect of the same land and shall not
prospect or mine on or under any land within 185m from any
of the houses,
buildings, machinery or workings or any of the crushing, smelting or other works
used for the reduction or treatment
of minerals of the holder of any such other
tenement. In the event of any dispute as to whether any workings are in actual
use or
whether any works are used for the reduction of treatment of minerals,
the Director may decide the dispute or refer the same to
arbitration.
Provisions applicable when person desires to mine other minerals
36.
On the application of the holder of any permit to mine or mining lease, the
Director may alter or vary such permit to mine or mining
lease so as to enable
the holder thereof to mine for any mineral or minerals not specified in such
permit or lease.
Special mining lease
37.-(1)
Notwithstanding the provisions of section
32,
the Director may, subject to the approval of the Minister, grant special mining
leases upon such terms and conditions, whether in
accordance with the provisions
of this Act or not, as the Minister may think fit but save as varied by any such
terms and conditions
the provisions of this Act applicable to a mining lease
shall be applicable to all special mining
leases.
(2) The application for a
special mining lease shall be in the form prescribed for a mining
lease.
Grant of special site right
38.-(1)
Subject to the provisions of this Act and to any terms and not inconsistent
therewith that he may think fit, the Director may
grant site right to the holder
of a mining tenement who, being the holder of a prospector's right, has, either
personally or by an
agent who is the holder of a prospector's right, given
notice as required under the provisions of paragraph (a) of subsection (1)
of
section
24
and, before the expiry of such notice, marked out in the prescribed manner the
area over which the right is applied
for.
(2) Every application for a
special site right shall be in the prescribed form and shall be accompanied by
the prescribed fees, together
with a deposit of the first half year's rent and
such deposits as may be required under the provisions of sections
16
and
22.
(3)
Notwithstanding any arbitration which may be requested or proceeding, the grant
of a special site right shall be sufficient authority
for the holder to enter
into occupation of the land the subject of such right for the purposes
therein.
(4) Special site rights
may be granted for such purposes, for such period such manner as may be
prescribed, in respect of the following
acts or things:-
(a) the construction and use of passageways other than roads;
(b) water-rights;
(c) erection of machinery;
(d) disposal of earth and tailings; and
(e) erection of furnaces:
Provided
that:
(i) the Director may issue special site rights for such other purposes in respect of water or land as may, in his opinion, be necessary or advisable for the conduct of prospecting or mining operations or for any other purposes connected with mining;
(ii) water-rights for the generation of electric power shall not be granted under the provisions of this section unless such electric power is to be used by the holder of a mining tenement for the purpose of prospecting or mining operations conducted on such tenement;
(iii) nothing in this Act shall affect any right to use water under the provisions of the Rivers and Streams Act.
(Cap. 121. 1967 Edition.)
(5)
Land the subject of a special site right shall be of such dimensions as may be
prescribed or as near thereto as circumstances
will
permit.
(6) A special site right
may be extended for such periods as the Director may determine.
(Amended by 7 of 1966, s. 41.)
(7)
Subject to the provisions of section
21
of this Act a special site right may be surrendered in the manner provided by
section
62
of the Land Transfer
Act.
(Cap.
131.)
Road access licences
39.-(1)
No person shall, in the exercise of any rights conferred on him under the
provisions of this Act, construct any road on or over
any land not being the
subject of a mining tenement held by him without first obtaining a road access
licence empowering him to do
so:
Provided that the holder of a
mining tenement shall have the right of pedestrian access for himself, his
servants and agents, to and
from his tenement, and for that purpose may pass
without hindrance over any unimproved
land.
(2) Subject to the
provisions of this Act and to any terms and conditions not inconsistent
therewith that he may think fit, the Director
may grant a road access licence to
the holder of a mining tenement, who, being the holder of a prospector's right,
has, either personally
or by an agent who is the holder of a prospector's right,
given notice as required under the provisions of paragraph
(a)
of subsection (1) of section
24
and, before the expiry of such notice, marked out in the prescribed manner the
area over which the licence is applied
for.
(3) A road access licence
shall authorise the holder, his servants and agents, with or without vehicles
and animals, to pass over
the land the subject of such licence and to construct
roads thereon.
(4) Every
application for a road access licence shall be in the prescribed form and shall
be accompanied by the prescribed fees together
with a deposit of the first half
year's rent and such deposits as may be required under the provisions of
sections
16
and
22.
(5)
A road access licence may be granted for such periods as may be prescribed and
may be extended for such periods as the Director
may determine.
(Amended by 7 of 1966, s. 41.)
(6)
Subject to the provisions of section
21,
a road access licence may be surrendered in the manner provided by section
62
of the Land Transfer
Act.
(Cap.
131.)
(7) The Director may require
the applicant for a road access licence to adjust his marking out to follow such
route as the Director
shall consider reasonable and convenient for all parties
who may be affected by the
road.
(8) Any right to any road
conferred upon the holder of a mini under the provisions of this Act shall
expire when such mining t terminated
or abandoned for any reason whatsoever and
thereupon shall, if required by the owner or occupier, restore the surface of
the former
state so far as is practicable, and the provisions as to compensation
contained in section
40
shall apply:
Provided that the
holder of any other mining tenement in the same vicinity who wishes to use such
road may apply for a road access
licence over the whole or any part of the land
the subject of the expiring licence and if such licence is granted the
obligations
of the holder of the expiring licence under the provisions of this
subsection shall cease in respect of the land the subject of the
licence so
granted.
(9) The holder of a road
access licence shall not hinder or prevent any other person from passing over
the land the subject of that
licence:
Provided that -
(a) where any person uses such road in such manner as to do a damage thereto or to enhance substantially the cost of upkeep thereof, the holder of the licence may require him to contribute to the cost of making good such damage or to the cost of upkeep; and
(b) where any person uses such road in such manner as to interfere materially with the free use and enjoyment thereof by the holder of the licence, the holder of the licence may require him to limit his use of the road so as to remove such interference.
(10)
If any dispute arises in connexion with damage, upkeep or interference under the
provisions of subsection (9), any person affected
by such dispute may lodge a
complaint with the Director who shall decide the matter at
issue.
(11) If any other mining
tenement is granted in respect of any part o the subject of a road access
licence the holder of such other
tenement may the holder of the road access
licence to deviate the road and the cost of such deviation shall be borne by the
holder
of such other
tenement:
Provided that the
approval of the Director shall first be obtained before any such deviation may
be required and, if he approves the
deviation, the Director shall amend the road
access licence accordingly.
PART III-DAMAGE AND COMPENSATION
Compensation payable for damage to surface of land and improvements thereon
40.-(1)
It shall be an implied condition of every mining tenement holder thereof shall
pay compensation to the persons entitled thereto
for all damage done to the
surface of any land and to any improvements thereon by any prospecting, mining
or other operations conducted
on such land by the holder of such mining tenement
under the authority of any of the provisions of this
Act:
Provided that in determining
the amount of any such compensation no allowance shall be made for any mineral
known or supposed to be
on or under any
land.
(2) The amount of
compensation payable under this section shall be mutually agreed between the
holder of the mining tenement and the
persons entitled to such
compensation.
(3) If the parties
are unable to agree as to the amount of compensation payable, then the Director
may, either of his own initiative
or at the request of any of the parties,
assess the amount of compensation payable or likely to become payable and shall
thereupon
give notice in writing of such assessment to the parties affected by
it, and require the holder of the mining tenement to deposit
with him the amount
so assessed or, in lieu thereof, such guarantee in like amount as may be
approved by him. Until such amount or
guarantee in lieu thereof is deposited
with the Director the holder of the mining tenement shall not be entitled to use
occupy the
land the subject of his
tenement.
(4) Any party affected
by any assessment made by the Director under provisions of subsection (3) who is
dissatisfied with such assessment,
may, by request in writing, require that the
question be referred to
arbitration:
Provided that every
such request shall be made to the Director within thirty days of the date of
such assessment or within such further
time as the Director may think fit and a
copy of every such request shall be delivered in like time to every other party
affected
by such assessment.
(5)
Compensation payable under the provisions of this section for damage done to any
improvements shall be payable at the time when
such damage occurs but in the
case of damage to the surface of any land compensation for such damage shall not
become payable until
the mining tenement is
terminated:
Provided that the
holder of a mining tenement may make an advance payment of compensation for any
damage done or likely to be done
to the surface of the land the subject of his
tenement and such payment shall be set off against his liability on the
termination
of his mining
tenement.
(6) When land is
restored in accordance with the provisions of section
43,
no compensation shall be payable in respect of any damage to the surface of the
land so restored.
(7) When surface
rent is payable pursuant to the provisions of section
41
in respect of any land the subject of a mining tenement, no compensation shall
be payable under the provisions of this section for
any damage done to an
improvements effected to such land after the date on which surface rent began to
be payable.
(8) Any person who has
received compensation under the provisions of this section for damage done to
any improvements on any land
the subject of a mining tenement shall not be
entitled to claim any further compensation in respect of the same damage but
shall
be entitled from time to time to receive such further compensation as the
Director may determine for any further damage done to any
improvements on such
land by the operations of the holder of such mining tenement.
Surface rent payable for disturbance of surface rights
41.-(1)
It shall be an implied covenant of every mining tenement, other than a
prospecting licence, that the holder thereof shall pay
surface rent to the
person entitled to the surface rights of any land the subject of such tenement
as compensation for any disturbance
of such surface rights by any prospecting,
mining or other operations conducted on such land by the holder of such mining
tenement
under the authority of any of the provisions of this
Act:
Provided that, in respect of
a permit to mine, mining lease or special mining lease, surface rent shall be
payable only in respect
of that portion of the surface of such land which the
holder of such permit or lease is entitled to use an
occupy.
(2) The amount of surface
rent payable shall be mutually agreed in writing between the holder of the
mining tenement and the person
entitled to the surface rights of the land the
subject of such tenement and every such agreement or a certified copy thereof
shall
be filed in the office of the Director on payment of the prescribed
fee.
(3) If the parties are unable
to agree as to the amount of surface rent payable the provisions of subsections
(3) and (4) of section
40
as to assessment of compensation shall
apply mutatis
mutandis.
(4) Surface rent shall
be paid to the person entitled thereto half - yearly in advance in each January
and July and evidence of such
payment shall be presented to the Director within
fourteen days of such
payment:
Provided that before
commencing any operations on the land the subject of his tenement the holder of
every mining tenement in respect
of which surface rent is payable shall pay
surface rent on a pro
rata basis up to the end of the next
ensuing half year.
Director may suspend and cancel tenement
42.
If, in any case where the holder of a mining tenement is required to pay
compensation under the provisions of this Part, payment
is in arrears or the
amount deposited is insufficient, the Director may suspend such mining tenement,
until the amount payable has
been paid and until such holder has deposited with
him such further sums as may be demanded as security for further payments, and,
if such payment and deposit is not made within such time as the Director may
consider reasonable, the mining tenement may be cancelled
in accordance with the
provisions of section
65.
Restoration of land
43.-(1)
During the currency of any mining tenement the Director may direct the holder
thereof to restore the surface of the land the
subject of such tenement where
such surface has been disturbed by prospecting or mining operations. Such
requirements of restoration
shall be embodied in an appendix to such tenement
before issue or by attachment thereto upon due service of such
order.
(2) When any mining
tenement is terminated or abandoned for any reason whatsoever, the person whose
tenement has been terminated or
abandoned shall, not later than thirty days from
the date of termination or abandonment of the tenement, fill up all shafts,
pits,
holes and other excavations or otherwise secure them in a permanent manner
so as to prevent persons or livestock inadvertently entering
therein, and shall
remove all posts marking out the land the subject of the tenement; and shall
within such period certificate to
the Director that he has complied with the
provisions of this section as to the fencing or filling up of shafts, pits,
holes and
other excavations and the removal of
posts:
Provided that no such
person shall be liable for filling up or securing any excavations made by other
persons on the land the subject
of his tenement, prior to the grant thereof, if,
on application for the tenement, he has shown on the plans submitted with his
application,
the position, of these excavations in relation to the boundaries of
the land, or if he submits within a period of one month from
the date of grant
of the tenement, a plan showing the position of such
excavation.
(3) If any person,
whose mining tenement has been terminated or abandoned, neglects to fill up or
secure any excavations or to notify
the Director within prescribed time, the
Director shall have the right to cause such excavations to be filled up or
secured and for
so doing may charge such person such sum as the Director
considers reasonable, and such charge shall be a lawful deduction from any
amount deposited by such person with the Director under the provisions of this
Act:
Provided that such filling up
or securing by the Director and the payment of such charge shall not exempt such
person from his liability
under the provisions of this Act or any other law for
his failure to fill up or secure such
excavations.
(4) Where a mining
tenement is renewed in respect of a reduced area only, the provisions of
subsections (2) and (3) shall apply to
the land not included in
renewal.
PART IV-REGISTRATION, APPROVAL AND STAMPING OF DOCUMENTS
Registration of prospector's rights, prospecting licences and permits to mine
44.-(1)
The Director shall keep a register called the "Register of Prospectors' Rights"
in which shall be recorded the name in full,
the place of residence and the
occupation of every person to whom a prospector's right is
granted.
(2) Every prospecting
licence, special prospecting licence and permit to mine shall be recorded in
registers to be kept by the Director
called the "Register of Prospecting
Licences" and the "Register of Permits to Mine".
Mining
leases, special site rights and road access licenses to be registered by the
Registrar of
Titles
45.-(1)
Every mining lease, special mining lease, special site right and road access
licence shall be recorded in registers, to be kept
by the Registrar of Titles
called the "Register of Mining Leases", the "Register of Special Site Rights"
and the "Register of Road
Access
Licences".
(2) On registration,
every mining lease, special mining lease, special site right and road access
licence shall be subject to the
provisions of the Land Transfer Act in so far as
such provisions are not inconsistent with the provisions of this Act, in the
same manner as if such lease, right or
licence were a lease under the provisions
of the Land Transfer Act, and shall be dealt with in like
manner.
(Cap.
131.)
(3) It shall be lawful for
the Registrar of Titles to charge and collect in respect of any mining lease,
special mining lease, special
site right or road access licence, registered
under the provisions of this Act, or in respect of any dealing with such lease,
right
or licence, the fees prescribed under the Land Transfer Act (including the
fees for registering any such lease, right or licence)
in the same manner as if
such lease, right or licence were a lease under the provisions of that
Act.
(Cap.
131.)
(4) In the event of any
mining lease, special mining lease, special site right or road access licence
being granted over any alienated
or native land the instrument of title of the
owner of such land shall be referred to in such lease, right or licence and on
registration
thereof the Registrar of Titles shall give notice of such
registration to the holder of the duplicate instrument of title to the
land
affected by such registration and shall enter a memorial of the lease, right or
licence on instrument of title and on the duplicate
thereof, if produced to
him.
Director's consent required to deal in tenement
46.-(1)
The holder of a mining tenement or of any interest therein shall not transfer or
otherwise deal in his right or interest, or
any part or share thereof in any
manner whatsoever without first obtaining the approval in writing of the
Director and no evidence
of any such dealing shall be admissible in any court
unless such prior approval has been
obtained:
Provided that the
Director shall not, without the prior consent of the Minister, grant such
approval in the case of a mining tenement
the grant of which is required by any
of the provisions of this Act to be approved by the
Minister.
(2) Every dealing in a
mining tenement or interest therein shall be in and shall state the full and
true consideration passing between
the parties thereto, otherwise the dealing
shall be null and void.
(3) (a) Every dealing in a mining tenement shall be presented to the Director for the endorsement of his approval together with a certificate copy which shall be retained by the Director, and, until so endorsed each such dealing shall be null and void, and no dealing shall endorsed unless it is stamped to the satisfaction of the Commissioner of Stamp Duties.
(b) Every such dealing shall be presented for endorsement and, where necessary, for registration in the appropriate Register within twenty-one days of the date thereof:
Provided that the Director or Registrar of Titles may in his discretion, on reasonable cause being shown, extend the time for endorsement or registration.
Agreements relating to mining tenements to be disclosed
47.
Every applicant for or holder of a mining tenement, and every transferee or
proposed transferee thereof shall disclose to the Director
every agreement which
he has entered into or intends to enter into with any other person relating to
the disposition or working of
the tenement and the financing of the prospecting
or mining operations intended to be conducted on or under the mining tenement,
together with the name, address and occupation of such person.
Transmission of tenement on death, bankruptcy or unsoundness of mind
48.-(1)
In any case where the holder of any mining tenement shall -
(a) die;
(b) have a receiving order in bankruptcy made against him; or
(c) be found to be of unsound mind under the provisions of any law relating to mental treatment for the time being in force in Fiji,
the
obligations imposed upon such holder by this Act shall not be enforceable until
after the expiration of ninety days -
(i) from the date of the grant of probate or the issue of letters of administration;
(ii) from the date of the receiving order; or
(iii) from the date of the appointment of any committee of the estate of the person of unsound mind,
as
the case may be:
Provided that the
Director may extend any such
period.
(2) The personal
representative, receiver in bankruptcy or committee, as the case may be, of any
deceased, bankrupt or person of unsound
mind referred to in subsection (1) may
make application to the Director or to the Registrar of Title as may be
appropriate, to be
registered as the proprietor of any mining tenement held by
such deceased, bankrupt or person of unsound mind. Upon production to
him of the
probate, letters of administration, receiving order, order of appointment or
such other evidence as he may require, the
Director or the Registrar of Title,
as the case may be, shall cause to be entered in the appropriate register a
memorial of the date
and hour of production of the same, with such further
particulars as he may deem necessary and, upon such entry being made such
personal
representative, receiver in bankruptcy or committee, as the case may
be, shall become the registered holder of such mining tenement
and the Director
or Registrar of Titles, as the case may be, shall note such registration by
memorandum on the probate, letters of
administration, receiving order or order
of appointment produced to
him:
Provided that the title to
such mining tenement of such personal representative, receiver in bankruptcy or
committee shall relate
back and take effect from the date of death or the date
of such receiving order or order of appointment, as the case may
be.
PART V-MISCELLANEOUS
Indemnification of Director and inspector
49.
Neither the Director nor any person acting under his authority nor a inspector
shall be personally liable to any action, suit or
proceeding for or in respect
of any act or matter bona fide done or omitted to be done in the exercise or
supposed exercise of any
of the powers conferred on him by the provisions of
this Act.
Government not liable for rent, etc., unpaid and irrecoverable by the Director
50.
Neither the Government nor the Minister nor the Director nor any person acting
under their authority shall be liable to any action,
suit, claim or proceeding
for the recovery of any rent, compensation or other charges which may be due and
payable but remaining
unpaid by any holder of a mining tenement under the
provisions of this Act.
Livestock not to be impounded
51.
The holder of any mining tenement shall not have the right to impound, disturb,
molest or in any way whatsoever prevent any livestock
from depasturing on the
land the subject of his mining tenement unless such land is enclosed by a
substantial fence and he has paid
surface rent in respect of such land pursuant
to the provisions of section
41.
Proof of documents
52.
Subject to the provisions of section
46
and to the provisions of the Stamp Duties Act, in all proceedings in any court
the production of any document purporting to be a lease, licence, permit, right,
certificate or
other document issued by the Director or any authorised officer
under the provisions of this Act shall, until the contrary is proved,
be
sufficient evidence that the document is what it purports to be and that it was
lawfully
issued.
(Cap.
205.)
Director may issue certified and duplicate copies of documents
53.-
(1) The Director may issue a certified copy of any prospector's right,
prospecting licence, special prospecting licence, permit
to mine, certificate
document filed with him on payment of the prescribed fee and such certificate
copy shall be received in evidence
in any
court.
(2) Upon the application of
the holder thereof the Director may, subject to payment of the prescribed fee
and to such conditions as
to proof of loss or destruction as he thinks fit,
issue a duplicate of any prospector's right, prospecting licence, special
prospecting
licence or permit to mine which he is satisfied has been lost or
destroyed, and such duplicate shall be available for all purposes
and uses and
have the same force and effect as the lost or destroyed right, licence or
permit:
Provided that the Director
shall not issue such duplicate unless the applicant therefor has given not less
than fourteen days notice
in the Gazette and in one newspaper circulating in
Fiji of his intention to make such application.
Royalties
54.-
(1) All minerals obtained in the course of prospecting operations shall be
liable to the prescribed royalties and no mineral exported
unless such royalties
are paid or secured in accordance with the prescribed
conditions:
Provided that the
Director may, by permit in writing, exempt from small quantities of such
minerals exported as commercial samples
or specimens or for the purpose of
analysis or experiment as he thinks
fit.
(2) Whenever a mineral sample
is exported solely for the purpose of analysis or experiment or as a scientific
specimen the person
exporting such sample shall obtain a certificate of the
result of any analysis of such sample and shall deliver a certified true
copy
thereof to the Director within six months of the export of such
sample.
(3) The Minister may, by
notice in the Gazette, remit the whole or any part of any royalties payable by
any person in respect of any
mineral or minerals for such period as may be
specified in such notice.
Recovery of rents, etc.
55.
Any arrears of rents, royalties or fees payable to the Crown under provisions of
this Act may, in addition to any other legal remedy,
be recovered as a civil
debt at the suit of the Director or an authorised officer.
Disputes
56.-
(1) Any dispute referred to arbitration under the provisions of this Act shall
be referred to a single arbitrator chosen by the
parties, or, if they are unable
to agree, to an arbitrator chosen by the Chief Justice. Each party shall have
power to appoint an
assessor to sit with the arbitrator but the arbitrator alone
shall have the power to decide and the award shall be his
alone.
(2) Every arbitration shall
take place at Suva or at such other place within Fiji as the single arbitrator
shall decide and the procedure
thereat shall be governed by the provisions of
the Arbitration
Act.
(Cap.
38.)
PART VI-PENALTIES
Unlawful prospecting and mining
57.-
(1) No person shall prospect for any minerals on any land in Fiji or mark out
any land for the purpose of applying for a mining
tenement unless he is the
holder of a prospector's
right:
Provided that it shall not
be necessary that any person employed on the land the subject of a mining
tenement shall be the holder
of a prospector's
right.
(2) No person shall mine or
employ any other person to mine on any land Fiji unless he has first obtained a
permit to mine, mining
lease or special mining lease entitling him to do
so.
(3) Any person contravening
any of the provisions of subsections (1) or (2) shall be guilty of an offence
and shall be liable to a
fine not exceeding four hundred dollars or to
imprisonment for a term not exceeding one year and to the forfeiture of all
minerals
obtained, or, if such minerals cannot be forfeited, shall pay such sum
as the court may assess as the value thereof.
Penalty for failure to notify owner
58.
Any holder of a prospector's right who marks out for a mining tenement any land
without first notifying the owner or occupier of
the land in accordance with the
provisions of paragraph (a) of subsection (1) of section
24,
shall be guilty of an offence and shall be liable to a fine not exceeding one
hundred dollars or to imprisonment for a term not
exceeding three
months.
Assault on authorised person, etc.
59.
Any person who -
(a) assaults, obstructs or resists the Director or an inspector or any authorised officer or any bailiff in lawfully entering upon any land in performance of his duty or in the exercise of his powers under the provisions of this Act; or
(b) after being removed by any officer authorised under the provisions of this Act from any land the subject of a mining tenement, forcibly or clandestinely retakes or retains possession thereof or of any share therein; or
(c) resists or prevents the taking, using or diverting of any water by any person authorised under the provisions of this Act to take, use or divert such water,
shall
be guilty of an offence and shall be liable to a fine not exceeding two hundred
dollars or to imprisonment for a term not exceeding
six months.
Fraud by applicant for mining tenement
60.-(1)
Any person who represents that he has obtained the grant of a mining tenement
and thereby induces or attempts to induce any person
to invest capital in any
company or syndicate connected therewith before he has obtained the grant of
such mining tenement shall
be liable to forfeit any claim to the grant thereof,
and, if he already holds a prospector's right or any mining tenement, shall
be
liable to have his prospector's right and his tenement
cancelled:
Provided that nothing
in this section shall relieve any person from liability to civil action or
criminal prosecution in respect of
the said
representation.
(2) Any applicant
for a mining tenement or any holder thereof who wilfully or recklessly gives
false information as to any of the
matters in respect of which information is or
may be required to be given under the provisions of this Act, shall be guilty of
an
offence and shall be liable to a fine not exceeding two hundred dollars or to
imprisonment for a term not exceeding six months or
to both such fine and
imprisonment.
Salting or fraudulent deposit of metal and fraudulent sampling
61.
Any person who, with intent to defraud, places or deposits, or is an accessory
to the placing or depositing, of any mineral or ore
in any place, or does any
other act, for the purpose of misleading any person as to the nature, quality or
quantity of the mineral
naturally occurring at such place or who, with intend to
defraud, mingles or causes to be mingled with any sample of mineral or ore
any
valuable mineral or any substance whatsoever which will increase the value or in
any way change the nature of such mineral or
ore, shall be guilty of a felony
and shall be liable to a fine not exceeding two thousand dollars or to
imprisonment for a term not
exceeding five years, or to both such fine and
imprisonment.
Attempts to injure underground mines
62.
Any person who, with intent to injure or obstruct the working underground mine
-
(a) causes water to run into the mine or into any subterranean pass communicating with the mine;
(b) obstructs any shaft or passageway of the mine;
(c) obstructs the working of any machine, appliance, or apparatus appertaining to or used in connexion with the mine, whether the thing in question is completed or not; or
(d) injures or unfastens any rope, chain or other tackle used in or upon the mine or any passageway or work appertaining thereto or used therewith,
shall
be guilty of a felony and shall be liable to imprisonment for a term not
exceeding seven years.
Penalty for obstructing holder of prospector's right or mining tenement
63.
Any person who interferes with or obstructs the holder of a prospector's right
or the holder of a mining tenement, or his servants
or agents, in the exercise
of any right, power or liberty conferred by the provisions of this Act shall be
guilty of an offence and
shall be liable to a fine not exceeding one hundred
dollars imprisonment for a term not exceeding six months.
Penalty for injuring boundary marks
64.-(1)
Any person who without lawful authority wilfully breaks, defaces, removes,
alters, or in any way interferes with any boundary
mark, peg, pillar, or notice
erected or affixed for any of the purposes of this Act, shall be guilty of an
offence and shall be liable
to a fine not exceeding one hundred dollars or to
imprisonment for a term not exceeding six
months.
(2) For the purposes of
this section, unless otherwise expressly provided, it shall be unlawful for any
applicant for a mining tenement
or any holder thereof to move or interfere in
any way with any boundary mark purporting to mark out the area applied for, or
held
by him, without first obtaining the consent in writing of the
Director.
Cancellation of prospector's right or mining tenement
65.-(1)
If the holder of a prospector's right or mining tenement -
(a) commits a breach of any of the provisions of this or any other Act made in connexion with mining, explosives or the employment of labour or of any of the covenants, terms or conditions of his right or tenement;
(b) is convicted of any offence involving dishonesty or fraud; or
(c) wholly discontinues operations under a permit to mine, mining lease or special mining lease for a continuous period of six months or more without the permission of the Director,
the
Director may call upon such person to show cause, within such reasonable time as
the Director may specify, why his prospector's
right or mining tenement should
not be cancelled and if such person fails to show cause within the time so
specified or if the cause
shown is, in the opinion of the Director, inadequate,
the Director may cancel such prospector's right or mining tenement or, in the
case of any breach mentioned in paragraph
(a),
may allow the holder of such right or tenement to remedy such breach within such
time as the Director may
specify:
Provided that in any case
in which he allows the holder of any mining tenement to remedy any such breach
the Director may require
such holder to pay, in addition to the rent or fees
normally payable in respect of that tenement, a penal rent not exceeding three
times the amount of such rent or fees, for the period from the commencement of
such breach until it is made good to the satisfaction
of the Director. Such
penal rent shall be payable monthly without demand and shall be recoverable as
rent.
(2) On the cancellation of
any prospector's right or mining tenement, all rights and privileges conferred
thereby shall cease:
Provided that
such cancellation shall not in any way affect the liability of any person to be
sued or prosecuted for any breach of
any of the provisions of this or any other
Act or of any covenant, term or condition of any mining tenement or for the
payment of
any rent, fees, royalties or
compensation.
(3) The allowance of
any time or the payment of any penal rent under the provisions of subsection (1)
shall not in any way affect
the liability of any person to be sued or prosecuted
for any breach of any of the provisions of this or any other Act or of any
covenant,
term or condition of any mining tenement.
Penalty for mining minerals other than those specified in permit to mine or mining lease
66.
If the holder of any mining tenement mines for any mineral other than as
specified in his permit or lease, his tenement shall be
liable to cancellation
and he shall be guilty of an offence and shall be liable to a fine not exceeding
one hundred dollars and a
further fine not exceeding ten dollars for every day
on which the offence continues.
General penalty
67.-(1)
Any person who-
(a) disobeys any of the provisions of this Act by -
(i) wilfully doing any act which it forbids; or
(ii) refusing or wilfully omitting to do any act which it requires to be done; or
(b) refuses or wilfully omits to carry out any lawful order, instruction or condition made, given or imposed by the Director, any inspector or authorised officer under the authority of this Act,
shall
be guilty of an offence against this Act and shall, where no specific penalty is
provided, be liable to a fine not exceeding
two hundred dollars or to
imprisonment for a term not exceeding six months or to both such fine and
imprisonment.
(2) Whenever it is
proved to the satisfaction of a court that an offence against this Act has been
committed by any servant or agent
of the holder of any mining tenement, such
holder shall be held to be liable for such offence and to the penalty provided
therefor,
unless he proves to the satisfaction of such court that the offence
was committed without his knowledge or consent and that he had
taken all
reasonable means to prevent the commission of the
offence:
Provided that nothing
contained in this section shall be deemed to exempt any such servant or agent
from the penalties provided for
any such offence committed by
him.
PART VI - REGULATIONS
Regulations
68.-(1)
The Minister may make regulations prescribing all matters which are required or
permitted to be prescribed or which are necessary
or convenient prescribed for
carrying out or giving effect to the provisions of this Act, and in particular
for -
(1) the application for and the form and registration of prospectors' rights and mining tenements and the fees payable therefor;
(2) the conditions to be observed and the duties to be performed by holders of prospectors' rights and mining tenements;
(3) the method of determining the priority of applicants;
(4) the area, dimensions and shape of mining tenements and the manner in which the area, boundaries and other particulars of land the subject of a mining tenement are to be ascertained, described, marked out and maintained;
(Amended by 7 of 1966, s. 41.)
(5) the duration of mining tenements;
(6) the kinds of mining leases and permits to mine and the minerals which may be mined under them;
(7) tribute agreements and contracts;
(8) powers of attorney;
(9) the extension, transfer, amalgamation, assignment, sublease, encumbrance, surrender and determination of mining tenements, and registration thereof and the fees payable thereon;
(Amended by 7 of 1966, s. 41.)
(10) the ascertainment and payment of royalties in respect of minerals;
(11) the allocation of and payment of rents and fees;
(12) the keeping of records of minerals found;
(13) the keeping and verification of accounts and plans and sections of mines;
(14) the mode of working mining leases and the disposal of waste and tailings;
(15) the labour conditions to be observed and the housing and other accommodation required for labourers and the minimum number of labourers to be employed on mining tenements;
(16) surveys and plans;
(17) the regulation and use of the surface of the land and the cutting of timber and fuel;
(18) the use of water and the cutting, constructing, use and maintenance races, dams and reservoirs;
(19) trespass;
(20) the employment and registration of labourers, the payment of wages and duties of employers and the safety of employees;
(21) the employment of persons having charge of winding machinery providing for their periodical medical examination;
(22) the issue of certificates and permits for managers and certain employees on mines;
(23) the regulation of mines and the handling, storage and use of explosives therein;
(Amended by 37 of 1966, s. 106.)
(24) the determination of disputes;
(25) the sanitary regulation of lands the subject of mining tenements and adjacent thereto;
(26) the examination, restriction of employment and exclusion from mines of all persons found to be infected with ankylostomiasis, pneumoconiosis, tuberculosis or other infectious or contagious diseases;
(27) the preservation of public health and the prevention of nuisances of all kinds arising from mining operations or the smelting or other treatment of any mineral product and the calculation and payment of compensation for any damage caused thereby;
(28) the disposal of forfeited minerals;
(29) the regulation of alluvial working by dredging, sluicing or otherwise and, among other things, the areas and methods of working; securing the bailing of water from mines so as to prevent injury from such water to any mine workings;
(30) securing the bailing of water from mines so as to prevent injury from such water to any mine workings;
(31) the manner in which compensation shall be ascertained and paid;
(32) making provision for the compilation of mining statistics by requiring every person carrying on prospecting or mining operations to furnish to the Director periodical returns;
(33) the regulation, restriction and control of the disposal and export of ores and minerals;
(34) determining the distance, and enforcing the same, at which shafts and other mine workings are to be kept from public and private roads, ways and passages and from private land, dwellings and other buildings and for ensuring the fencing and protection of mines and works for the safety of man and beast;
(35) the inspection, supervision and control of machinery used for mining purposes and prescribing the fees to be paid therefor and for the certificates which shall be issued by an inspector after his examination of any machinery;
(36) the manner in which registers shall be kept;
(37) defining the powers and duties of persons appointed or deemed to have been appointed under the provisions of this Act in all cases where such powers and duties have not been defined by this Act;
(38) the manner in which certified copies of or duplicate certificates of lost documents may be issued and the fees therefor;
(39) the mode of recording documents issued under the provisions of this Act;
(40) the payment of rewards by way of moneys or mining leases to persons discovering precious metals or precious stones;
(41) the manner of doing or performing anything by this Act required to be done or performed;
(42) enabling the Director, an inspector or any authorised officer to enforce his orders.
(2)
The regulations may be made to apply to the whole of Fiji or to any particular
part thereof.
Controlled by Ministry of Lands and Mineral Resources
____________________________
CHAPTER 146
MINING
_____
SECTION
2-DECLARATION
OF MINERAL SUBSTANCES
_____
Gazette Notice No. 2008 of 1979, Legal Notice No. 29 of 1983
The following mineral
substance is declared to be a mineral substance included in paragraph
(c)
of the definition of "minerals" in section
2
of the Act:-
Glass Sand
The following mineral
substances are declared to be mineral substances included in paragraph (f) of
the definition of "minerals" in
section
2
of the Act:
Geothermal resources and their heat
SECTION 5-GOVERNMENT PROTECTION AREAS
The following areas are
declared to be Government protection areas:-
Legal Notice No. 37 of 1983
NAMULOMULO GOVERNMENT PROTECTION AREA
All that piece of land in
the tikina of Nawaka in the province of Ba having area of 100 hectares that is
bounded by a line commencing
at a point (being point at the
termination of a line commencing at the Navuso Trigonometrical Station and
running thence on a bearing of 300 degrees for 1,700
metres) and running thence
on a bearing of 360 degrees for 1,000 metres, then on a bearing of 90 degrees
for 1,000 metres, then on
a bearing of 180 degrees for 1,000 metres, then on a
bearing of 270 degrees for 1,000 metres to the point of commencement (all
bearings
being true).
________
Legal Notice No. 28 of 1983
QALIMARE (No. 1)
GOVERNMENT PROTECTION AREA
All
that piece of land in the tikina of Ruwailevu in the province of Nadoga and
Navosa having an area of 150 hectares that is bounded
by a line commencing at a
point (being the point at the termination of a line commencing at the Vatunauga
Trigonometrical Station
and running thence on a bearing of 138 degrees for 500
metres and then on a bearing of 90 degrees for 450 metres) and running thence
on
a bearing of 360 degrees for 500 metres, then on a bearing of 90 degrees for 3
000 metres, then on a bearing of 180 degrees for
500 metres, then on a bearing
of 270 degrees for 3,000 metres to the point of commencement (all bearings being
true).
QALIMARE (No. 2) GOVERNMENT
PROTECTION AREA
All that piece of
land in the tikina of Ruwailevu in the province of Nadroga and Navosa having an
area of 200 hectares that is bounded
by a line commencing at a point (being the
point at the termination of a line commencing at the Vatunauga Trigonometrical
Station
and running thence on a bearing of 138 degrees for 500 metres) and
running thence on a bearing of 180 degrees for 1,000 metres, then
on a bearing
of 270 degrees for 2,000 metres, then on a bearing of 360 degrees for 1,000
metres, then on a bearing of 90 degrees
for 2,000 metres to the point of
commencement (all bearings being true).
Legal Notice No. 30 of 1983
QALIMARE (No. 3)
GOVERNMENT PROTECTION AREA
All
that piece of land in the tikina of Ruwailevu in the province of Nadroga and
Navosa having an area of 200 hectares that is bounded
by a line commencing at a
point (being the point at the termination of a line commencing at the Vatunauga
Trigonometrical Station
and running thence on a bearing of 138 degrees for 500
metres) and running thence on a bearing of 90 degrees for 2,000 metres, then
on
a bearing of 180 degrees for 1,000 metres, then on a bearing of 270 degrees for
2,000 metres, then on a bearing of 360 degrees
for 1,000 metres to the point of
commencement (all bearings being true).
Legal Notice No. 37 of 1983
WAINIVESI GOVERNMENT
PROTECTION AREA
All that piece of
land in the tikina of Sawakasa in the province of Tailevu having an area of 175
hectares that is bounded by a line
commencing at a point (being the point at the
termination of a line commencing at the Vatanitu Trigonometrical Station and
running
thence on a bearing of 331 degrees for 3050 metres) and running thence
on a bearing of 227 degrees 30 minutes for 3,500 metres, then
on a bearing of
317 degrees 30 minutes for 500 metres, then on a bearing of 47 degrees 30
minutes for 3,500 minutes, then on a bearing
of 137 degrees 30 minutes for 500
metres to the point of commencement (all bearings being
true).
WAINIVOLA GOVERNMENT
PROTECTION AREA
All that piece of
land in the tikina of Sawakasa in the province of Tailevu having an area of 150
hectares that is bounded by a line
commencing at a point (being the point at the
termination of a line commencing at the Korosarau Trigonometrical Station and
running
thence on a bearing of 188 degrees for 2,350 metres) and running thence
on a bearing of 180 degrees for 1,000 metres, then on a bearing
of 270 degrees
for 1,500 metres, then on a bearing of 360 degrees for 1,000 metres, then on a
bearing of 90 degrees for 1,500 metres
to the point of commencement (all
bearings being true).
WAINIVOSULE GOVERNMENT PROTECTION AREA
All that piece of land in
the tikina of Sawakasa in the province of Tailevu having an area of 150 hectares
that is bounded by a line
commencing at a point (being the point at the
termination of a line commencing at the Vatanitu Trigonometrical Station and
running
thence on a bearing of 236 degrees for 2,250 metres) and running thence
on a bearing of 270 degrees for 1,000 metres, then on a bearing
of 360 degrees
for 1,500 metres, then on a bearing of 90 degrees for 1,000 metres, then on a
bearing of 180 degrees for 1,500 metres
to the point of commencement (all
bearings being true).
________
SECTION 11-CLOSED AREAS
Legal Notice No. 17 of 1974
1. The following area is
closed to prospecting or mining for bauxite:-
All that parcel of land situated in the tikina of Wainunu, Vuya and Wailevu in the province of Bua and Cakaudrove in the Island of Vanua Levu containing an area of approximately 2,818 acres more particularly delineated and shown coloured yellow on Plan No. M.B. 70 kept at the office of the Director of Mines, Suva with copies also available for inspection at the offices of the Divisional Surveyors at Suva, Labasa and Lautoka.
Legal Notice No. 112 of 1975
2. The following area is
closed to prospecting or mining or entry upon occupation under any prospector's
right or mining tenement:-
All that parcel of land situated in the tikina of Wainikoroiluva, Suva, Veivatuloa, Namosi and Waimaro, provinces of Namosi, Rewa and Naitasiri, containing an area of approximately 65,693 acres and being bounded by lines commencing from the datum post which is at a distance of 2.4 miles and on a bearing of 168° 30' from a fixed point at Latitude 17° 56' 15" south and Longitude 178° 05' 00" East; thence 86° 30' for 10.4 miles to No. 1 corner post; thence 176° 30' for 10.3 miles to No. 2 corner post; thence 244° 30' for 2.3 miles to No. 3 corner post; thence 278° 52' for 7.1 miles to No. 4 corner post; thence 348° 30' for 9.9 miles to the datum post.
________
SECTION
68-MINING
REGULATIONS
________
TABLE
OF PROVISIONS
________
PART I - PRELIMINARY
REGULATION
1.
Short title
2.
Interpretation
3. Forms
PART II - FEES, RENTS AND ROYALTIES
4.
Fees
5. Annual fees and
rents
6.
Royalties
7. Director may permit
payment of royalties on a yield
basis
8. No minerals to be exported
except under authority of a mineral export licence
PART III - MARKING OUT, APPLICATION, PRIORITY
9. Shape of
area
10. Marking out mining
tenement
11.
Beacons
12. Information to be shown on
beacons
13. Beacons and trenches to be
maintained
14. Defects in marking
out
15. Trivial defects in beaconing
or application do not invalidate, except in certain
cases
16. Application for mining
tenement
17. Plans to accompany
application
18. Agent may be called
upon to produce authorisation
19.
Notice of application for mining
tenement
20. Withdrawal of application
for mining tenement
21.
Priority
22. Director may require
applicant to adjust boundaries after survey of contiguous land
PART IV - PROSPECTOR'S RIGHTS
23. Application for a
prospector's right
24. Form of a
prospector's right
25. Period and
post-dating of a prospector's
right
26. Prospector's right to be
produced
PART V - PROSPECTING LICENCES
27. Area and period for
prospecting licence
28. Form of
prospecting licence
29. Full
particulars of prospecting licences to be entered in Register of Prospecting
Licences
30. Conditions to which
prospecting licences are to be
subject
31. Reports on prospecting
operations
32. Special prospecting
licences
PART VI - PERMITS TO MINE AND MINING LEASES
33. Areas for permits to
mine and mining leases
34.
Applications for permits to mine and mining
leases
35. Form of permit to
mine
36. Full particulars of permits
to mine to be entered in Register
37.
Form of mining lease
38. Execution of
lease
39. Record to be kept of mining
leases
40. Rights and conditions of
permits to mine and mining leases
41.
Director may order holder to stop mining
operations
42. Notice of commencement
of mining operations
43. Exemptions
from labour covenants
44. Grounds for
exemption
45. Resumption of work
during currency of exemption
46.
Keeping, inspection and verification of
accounts
47. Monthly report on mining
operations
48. Yearly report by mine
holder
49. Special mining
leases
PART VII - SPECIAL SITE RIGHTS
50. Areas for special site
rights
51. Purpose of special site
rights
52. Application for special
site right
53. Form of special site
right
54. Special site rights to be
held in connection with mining tenement
only
55. Record to be kept of special
site rights
56. Water right not
required for water within a mining tenement, limitation of height of
dam
57.
Bridges
58. Right of holder of
passageway right
59. Unlawful use or
pollution of water
60. Erection of
machinery or furnaces
61. Period of
special site right
62. Resumption of
areas
PART VIII - ROAD ACCESS LICENCES
63. Area for road access
licence
64. Purpose of road access
licence
65. Application for road
access licence
66. Form of road access
licence
67. Road access licence to be
held in connection with mining tenement
only
68. Record to be kept of road
access licences
69. Rights of holder
of road access licence
70.
Construction of road
71. Period of
road access licence
72. Resumption of
areas
PART IX - SURVEYS AND PLANS OF MINING TENEMENTS
73. Survey of mining
tenements
74. General rules for
surveys
75. Survey marks to be
protected by holder of tenement
76.
Plans of mines to be kept
77.
Information to be shown on plans
78.
Plans, etc., of abandoned mine required
PART X - GENERAL PROVISIONS
79. Grant, etc., of
prospector's rights and mining tenements to be
gazetted
80. Export of
minerals
81. Particulars of boring
operations to be supplied
82.
Pollution of water
83. Tribute
agreements
84. Names and addresses of
all holders of a mining tenement to be
supplied
85. Service and delivery of
notices and process
86. Powers of
attorney
87. Transfers and other
dealings
88. Surrender of mining
tenements
89. Action to be taken on
termination of mining tenement
90.
Filling up or securing excavations
91.
Right to remove fixtures
92. Duplicate
copies of documents lost or
destroyed
93. Certified true copies of
documents
94. False
representation
PART XI - SAFETY OF MINES
Division 1 - General
95.
Interpretation
96. Copies of
Regulations to be possessed and
displayed
97. Employment of women,
children and young persons
98. Record
of all employees to be kept
99.
Intoxicated and crippled persons and intoxicating liquor not allowed in or about
a mine
100. Protection of safety
appliances
101. Duty of employees to
satisfy themselves of safety of appliances and to report danger
Division 2 - Inspectors and Inspections
102. Powers of
inspectors
103. Obligation to remedy
any dangerous practice, and procedure to be followed
Division 3 - Managers and Accidents
104. Mine manager to be
appointed for every mine
105. Mine
Manager's Certificate
106. Duties and
responsibilities of manager
107.
Responsibility for accident occurring with incompetent
workmen
108. Manager shall provide for
the safety and discipline of
workmen
109. Manager or deputy to
inspect and report
110. Holder
responsible for refusing manager necessary
means
111. Notice of accident to
Director or inspector
112.
Interference with place of
accident
113. Inquiries into
accidents
114. Notice of special
occurrences
115. Record
Book
Division 4 - Surface Protection and Poisons
116. Fencing of surface
subsidences or cavities
117. Prior
permission of inspector required for certain excavations under the
surface
118. Loose material not
permitted near unprotected edges
119.
Protection of shafts not in use and opencast
workings
120. Storage of
poisons
121. Antidotes and
washes
122. Provision of
gloves
123. Poisonous and injuries
chemicals solution - precautions
necessary
124. Dust
abatement
125. Construction of
dams
126. Drinking
water
Division 5 - Opencast Workings
127.
Undercutting
128. High vertical faces
prohibited in alluvial and other workings unless securely
timbered
129. Angle of slope and
height of face
130. Safety
helmets
131. Safety belts and
lifelines
Division 6 - Underground Workings
132. Fencing of entrances
to shafts, winzes, etc.
133. Dangerous
workings to be properly secured
134.
Supporting roof and sides
135. Safety
helmet to be worn underground
136.
Safety belts and lifelines
137.
Advance boreholes when approaching water or
gas
138. Second outlet may be
necessary
Division 7 - Hosting and Ropes
139. Capacity of hoist not
to be exceeded
140. Adequate brakes
required for hoist
141. Connection
between rope and conveyance
142.
Factor of safety
143. Use of defective
rope forbidden
144. Rope test
certificate
145. Use of
chains
146. Guides for conveyances in
shafts
147. Winding prohibited during
repairs
148. Materials forbidden in
conveyances together with men
149.
Securing materials during winding
150.
Shaft signals required
151. Code of
signals
152. Special
signals
153. Code of signals to be
posted
154. Appointment of hoist
drivers
155. Hoist Driver's
Certificate
156. Hours during which
hoist drivers to be on duty
157.
Permission required to use hoist for carrying
persons
158. Automatic
brakes
159. Conditions to be observed
where carrying persons is
permitted
160. Protection at mouth of
shaft during sinking
161. Blasting
signals in shaft sinking
162. Filling
of bucket
163. Bucket to be stopped
before reaching bottom
164. Protection
of workmen in shaft sinking
165.
Safety measures in the case of underground
tramways
166. Hoist log
books
Division 8 - Travelling-ways and Ladderways
167. Ladders and ways of
exit
168. Permanent
ladderways
169. Travelling-ways in
shaft to be partitioned or securely
fenced
170. Platforms to be provided
in ladderways
171. Construction of
mine ladders
172. Fixing of
ladders
173. Carrying tools, etc., in
ladderway prohibited
174. Ladders in
shaft sinking
Division 9 - Ventilation and Lighting
175. Underground working
to be properly ventilated
176. Disused
workings to be examined before being again
used
177. Working in foul air
forbidden
178. Water blast to be
provided in certain circumstances
179.
Machine drilling
180. Adequate
stationary lights to be provided
181.
Machinery to be illuminated
182.
Moving without a light prohibited
Division 10 - Machinery
183. Boilers, etc., to be
in good condition
184. Exposed
machinery to be fenced
185. Loose
clothing
186. No repairing, oiling,
etc., to be done under risk
187.
Friction clutches or similar contrivances to be
provided
188. Gauges and safety
valves
189. Compressed air receivers
to be tested
190. Use of compressed
air apparatus
191. Dangerous places to
be fenced
192. No admittance permitted
to places where machinery or boilers are housed
Division 11 - Explosives
193. Explosives
Regulations to apply with certain
modifications
194. Distributing
magazine
195. Restriction on transport
of explosives in shaft conveyances
Division 12 - Electrical Apparatus and Wiring
196. Surface
installations
197. Underground
installations
198. Control of
underground feeders
199. Test
certificate necessary
200. Rating of
underground cables and control
devices
201. Voltage of signal
systems
202. Power
conductors
203. Earthing of
casings
204. Earthing of
equipment
205. Room or junction
box
206. Junction or joint
boxes
207. Fire prevention about
electrical installations
208. Fire
protection
209. Transformers, type and
location
210. Transformers and
transformer rooms
211. Protection of
signal and telephone wires
Division 13 - Miscellaneous
212. First aid
kit
213. Ambulance
stations
214. Training of rescue teams
and of persons in first aid
215.
Hospital and nursing facilities
216.
Manager responsible for
sanitation
217. Drinking
water
218. Drying and changing
facilities
219.
Housing
220. Each working place to be
visited once a shift
221.
Responsibility regarding dangerous
conditions
222. Employees responsible
for obeying safety rules
223. Manager
responsible for non - compliance
224.
Power to waive or suspend regulations in certain cases
First
Schedule - Forms
Second Schedule -
Scale of Fees
____________
MINING
REGULATIONS
____________
Regulations
23 September 1966, 31 January
1967,
Legal
Notices Nos. 64 of 1968, 135 of 1968, 204 of 1968, 112 of
1970,
147 of 1972,
215 of 1974, 95 of 1978, 120 of 1978, 60 of 1979
PART 1 - PRELIMINARY
Short title
1.
These Regulations may be cited as the Mining Regulations.
Interpretation
2.
In these Regulations, unless the context otherwise requires-
"beacon" means a post with a notice-board affixed thereto erected for the purpose of marking out an area of land for a mining tenement and includes the datum post, corner posts and boundary posts;
"company" means a company registered in accordance with the provisions of the Companies Act;
(Cap. 247.)
"holder" includes a company, and every person working or occupying the land the subject of a mining tenement either as manager, agent, transferee, sublessee, permittee or otherwise howsoever; and, when a mining tenement is held by a company includes the manager of such company or any person acting as the manager or secretary thereof;
"lode" includes all true fissure veins, bedded veins, contact veins, segregated veins, pipes, contact deposits, stockworks, impregnations, metalliferous conglomerates other than hardened alluvial deposits of modern origin, metalliferous and lateritic cappings, such irregular deposits as conform generically to the above classification and beds of any mineral such as beds of ironstone and coal seams;
"mark-out" means to delimit an area by beacons and trenches in accordance with the provisions of these Regulations;
"non-precious minerals" includes coal, earthy minerals, radio-active minerals and metalliferous minerals;
"opencast" means any uncovered excavation which has been made from the surface for the purpose of winning minerals;
"peg" means to mark out;
"plan" includes an original plan and a true copy or tracing thereof;
"precious minerals" includes precious metals and precious stones;
"satisfactory" means that which is, in the opinion of an inspector, satisfactory;
"tribute agreement" means an agreement between the holder of a mining tenement and any other person whereby such other person is required or permitted to carry out any mining operations on such tenement or on any part thereof in consideration of, instead of wages, a portion or percentage of all minerals won by him or of the value of such minerals;
"tributer" means a person working under a tribute agreement;
"workings" includes all excavated portions of a mine;
"works" means all plant, machinery, installations, buildings, dams and reservoirs used in connection with the operations of a mine.
3.
Any reference by number to a form in these Regulations shall be read as a
reference to a form of that number in the First Schedule.
PART II-FEES, RENTS AND ROYALTIES
Fees
4.
Fees and rents shall be payable to the Director in respect of the several
matters set out in regulation
5
and the Second Schedule according to the scales therein prescribed and the
amount thereof may, without prejudice to any other remedies,
whether civil or
criminal, be recovered by the Director by deduction from any sum whatsoever
deposited by the person owing such fee
or rent.
Annual fees and rents
5.-(1)
In addition to any fees prescribed in the Second Schedule:
(a) the following annual fees shall be payable by the holder of a prospecting licence in respect of each such licence held by him:
(i) for the first 200 hectares or part thereof - $5 for each 40 hectares or part thereof;
(ii) for each additional 40 hectares or part thereof in excess of 200 hectares - $4:
Provided that in the case of a prospecting licence grant extended for a period not exceeding 6 months, half only of the above-mentioned annual fees shall be payable;
(b) the following annual rents shall be payable:
(i) by the holder of a permit to mine or mining lease, in respect of each such permit or lease held by him - $15 per hectare or part thereof:
Provided that the minimum annual rent payable in respect of each such permit or lease shall be $50;
(ii) by the holder of a special site right or road access licence, in respect of each such right or licence held by him - $60.
(Substituted by Legal Notice 60 of 1979.)
(2)
The annual fees or rents payable by the holder of a special prospecting licence
or special mining lease, as the case may be, in
respect of each such licence or
lease held by him, shall, unless otherwise specified in such licence or lease,
be as specified in
paragraph (1) for a prospecting licence or mining lease
respectively.
(3) All rents
payable under the provisions of this regulation shall be paid half-yearly in
advance, without demand, on 30 June and
31 December in each
year:
Provided
that-
(a) on the commencement of a mining tenement, all such rents payable in respect of the then current half-yearly rental period shall be paid by the holder on notification of the grant of such tenement; and
(b) in any case where a mining tenement commences or expires during a half-yearly rental period, the Director may waive or remit, on a pro rata basis, any portion of the rent payable in respect of the then current half-yearly rental period.
Royalties
6.-(1)
All royalties payable under the provisions of section
54
of the Act shall be paid to the Director,
and, subject to the provisions of regulation
7,
shall unless otherwise determined by the Director with the approval of the
Minister, be calculated at the following rates:-
(a) in the case of bauxite or iron ore, at the rate of 3 per cent of their value; and
(b) in the case of any other minerals, at the rate of 5 per cent of their value.
(Amended by Legal Notice 204 of 1968; 112 of 1970.)
(2)
In the case of minerals intended for export, all royalties payable thereon under
the provisions of this regulation shall be paid
by the person exporting such
minerals, and shall become payable at the time of delivery of such minerals on
board a ship or aircraft
for export, and, for the purpose of calculating the
amount of royalty payable thereon, the value of such minerals shall be the price
which, in the opinion of the Director having regard to prevailing world market
prices, a purchaser would pay for them at the time
of their delivery on board a
ship or aircraft for export.
(3)
In the case of minerals intended for use within Fiji, all royalties payable
thereon under the provisions of this regulation shall
be paid by the holder of
the mining tenement from which such minerals are extracted and shall become
payable at the time of their
removal from such mining tenement, and, for the
purpose of calculating the amount of royalty payable thereon, the value of such
minerals
shall be the price which, in the opinion of the Director having regard
to prevailing world market prices, a purchaser would pay for
them at the time of
such removal.
Director may permit payment of royalties on a yield basis
7.-(1)
Notwithstanding the provisions of regulation 6, in cases where the holder of any
mining tenement or tenements keeps books of
account to the satisfaction of the
Director, the Director may, with the approval of the Minister permit such holder
to pay royalties
on all minerals extracted from all his tenements, including
those subsequently granted, on a yield basis, calculated as
follows:-
(a) where the yield expressed as a percentage of the annual sale value does not exceed 20 per cent royalty shall be at the rate of 10 per cent of the yield;
(b) where the yield expressed as a percentage of the annual sale value exceeds 20 per cent, royalty shall be at the rate of 10 per cent of the yield, together with an additional 0.2 per cent of the yield for each 1 per cent by which the yield expressed as such percentage exceeds 20 per cent.
(2)
Wherever the holder of mining tenements is permitted to pay royalties on a yield
basis under provisions of paragraph (1), he shall
submit to the Director a
statement of account in respect of all his tenements within three months after
the end of each year or within
such longer period as the Director may
allow.
(3) All royalties assessed
under this regulation shall be due and payable within one month of an assessment
being made by the Director
or such longer period as the Director may
allow.
(4) For the purposes of
this regulation, unless the context otherwise requires-
"annual expenditure" means the total of the following expenditure -
(a) all expenses incurred by the holder, in relation to the m inning tenement from which the minerals in respect of which the royalty is being determined were extracted, in the year for which royalty is being determined, in extracting, treating, refining and selling such minerals concerned including on loans, but excluding any head office expenses and any expenses other than such selling expenses as may in the discretion of the Director be included, incurred outside Fiji;
(b) all expenses incurred by the holder of such tenement in the year for which royalty is being determined in experimentation, research or investigation (including prospecting) connected with the minerals in respect of which any royalty is being determined, as the Director may in his discretion allow;
(c) such expenditure as may be allowed as a set-off under the provisions of section 23 of the Income Tax Act for the year except to the extent it may have already been allowed under the provisions of sub-paragraphs (a) or (b).
(Cap. 201.)
"annual sale value" means the total of all amounts received, directly or indirectly, from the sale or disposal of minerals, by the holder of the mining tenement from which the minerals in respect of which the royalty is being determined were extracted, in the year for which royalty is being determined;
"year" means the calendar year:
Provided that for any company whose fiscal year is not the calendar year, "year" means such fiscal year;
"yield" means the difference between annual expenditure and annual sale value.
(Amended by Legal Notice 64 of 1968; 147 of 1972.)
(5)
Where any doubt arises as to whether any expenses fall within pays
(a)
or paragraph
(c)
of the definition of "annual expenditure" the decision of the Director shall be
final.
No minerals to be exported except under authority of a mineral export licence
8.
No mineral shall be exported from Fiji unless and until the export complied with
the provisions of regulation 80 and the Director
has issued in relation thereto
a mineral export licence duly endorsed with a certificate to the effect
that:-
(a) all royalties payable thereon have been paid; or
(b) all royalties payable thereon have been secured to the satisfaction of the Director; or
(c) no royalties are payable thereon.
PART III - MARKING OUT, APPLICATION, PRIORITY
Shape of area
9.
Wherever possible the area the subject of any mining tenement shall, the
Director in any particular case otherwise directs, be rectangular
in shape and
have a minimum width of not less than one-third of the
length:
Provided that the shape of
a special prospecting licence and of a special mining lease shall be such as may
be approved by the Minister.
Marking out mining tenement
10.-(1)
No person other than the holder of a prospector's right shall erect a beacon for
the purpose of marking out an area of land for
a mining
tenement.
(2) Before application
is made for a mining tenement the intending applicant, or his agent, shall mark
out the land for which he desires
to obtain a mining tenement in the following
manner or as near thereto as circumstances will permit, that is to
say:-
(a) a beacon shall be erected at every corner of the land, which beacons shall be known as "corner posts" and one of which shall be the datum post which shall be the fixed point from which all calculations and measurements are to be made;
(b) subject to the provisions of paragraph (3), boundary lines shall be marked between the corner posts at convenient intervals, being not more than 400 m apart, by beacons, which shall be known as "boundary posts" and shall as far as possible be erected at intervisible positions;
(c) where the boundary line of the tenement is to follow the foreshore or the bed of a stream or watercourse, the boundary post shall be erected on or near to such foreshore, or the bank of such stream or watercourse, as the case may be, at intervals of not more than 200 m apart, and, in cases where the boundary line is to follow the bed of a stream or watercourse-
(i) such boundary post shall be erected on the same side of the stream or watercourse as the area being marked out; and
(ii) the actual boundary line shall be deemed to follow the middle of the stream or watercourse;
(d) the direction of the boundary line on each side of every corner post and boundary post shall be indicated by a trench having a length of not less than 1.8 m alone the boundary line and a depth and breadth of not less than 250 mm:
Provided
that if any such trenches cannot conveniently be cut owing to the rocky or other
nature of the soil, the direction of the
boundary line may be indicated by a
line of stones having a length of not less than 1.8 m and a height and breadth
of not less than
250 mm, or by tree blazing or such other means as may be
approved by the Director.
(Amended by Legal Notice 95 of 1978.)
(3)
Notwithstanding the provisions of paragraph (2), where some or all of the
boundaries of a proposed mining tenement can be readily
described by reference
to prominent natural features or otherwise, the Director may, at the request in
writing of the intending applicant
for such tenement, or his agent, vary or
dispense with any of the requirements of that
paragraph:
Provided that the
consent of the Director to such variation or dispensation shall be obtained in
writing before the intending applicant
makes any application for such
tenement.
Beacons
11.
Every beacon shall consist of a post to which a notice-board of wood or metal
not less than 300 mm square shall be firmly affixed
at a height of not less than
0.9 m from the surface of the ground and placed so as to face outwards from the
area marked out, and
each such post shall be of substantial materials such as
hardwood, standing not less than 1.2m from the surface of the ground, and
being
not less than 75 mm square or, in the case of a round post, of a diameter of not
less than 100 mm:
Provided that a
beacon used a boundary post may consist of "X" marks not less than 250 mm high
with the arms cut to a depth of not
less than 12.5 mm and a width of not less
than 25 mm on two opposite sides of a tree, such marks being placed in the
direction of
the boundary line.
(Amended by Legal Notice 95 of 1978.)
Information to be shown on beacons
12.-(1)
Every notice-board on a beacon shall have the following information distinctly
and legibly written, printed or painted on it
in such a manner that it cannot be
rendered illegible by rain or exposure:-
(a) "P.L." if the area is required for a prospecting licence or special prospecting licence;
"P.M." if the area is required for a permit to mine;
"M.L." if the area is required for a mining lease or special mining lease;
"S.S.R." if the area is required for a special site right;
"R.A.L." if the area is required for a road access licence;
(b) the date of erection;
(c) the name of the person, company or partnership on whose be application is being made, abbreviated if necessary;
(d) the letters "P.R." followed by the number of the prospector's right of the person erecting the beacon;
(e) such of the following groups of letters as is appropriate:-
"D.P." if a dump post;
"B.P." if a boundary post;
"C.P." if a corner post other than the datum post, followed by a figure indicating the number of the corner.
(2)
Within one month of the grant of a mining tenement, the holder shall add to the
information appearing on every beacon marking
out the area thereof the official
number of the tenement after the letters
"P.L.", "P.M.",
"M.L.", "S.S.R." or "R.A.L.", as the case
may be.
(3) Upon the transfer of
any mining tenement the transferee shall, as soon as possible after he has been
notified of the registration
of the transfer, substitute his own name for that
of the transferor on every notice-board on all beacons larking out the area of
such tenement.
Beacons and trenches to be maintained
13.
All beacons and all notices thereon, and all trenches marking boundaries of any
mining tenement or proposed mining tenement, shall
be maintained in good
condition and repair by the holder of or the applicant for the mining tenement
or proposed mining tenement,
as the case may be, to which they refer, and such
holder or applicant shall at all times keep every beacon clear of high grass and
brushwood for a distance of not less than 4.5 m on all sides of such beacon and
shall, if so required by the Director or an inspector,
clear all vegetation away
from the boundary lines for a width of not less than 600 mm on each side actual
boundary line.
(Amended by Legal Notice 95 of 1978.)
Defects in marking out
14.-(1)
If it appears to the Director that the area marked out differs materially in
position, shape or area from the area over which
a mining tenement is applied
for or is held, the Director may at the cost of the applicant or holder, as the
case may be, make such
adjustments of the beacons or boundaries as he may think
fit in order to ensure that the area marked out coincides with the area
applied
for, and may charge the applicant or holder the cost of so doing, and such
adjusted boundaries shall be deemed to be the
boundaries of the area applied for
or held.
(2) If the area applied
for cannot be identified on the ground by means of the plan and the beacons or
if the area of the land marked
out differs from the area applied for by more
than 20 per cent, the Director may refuse the application.
Trivial defects in beaconing or application do not invalidate, except in certain cases
15.
Any departure from the provisions of these Regulations in respect of the marking
out of an area or an application for a mining tenement
shall not invalidate such
marking out or such application if the Director is satisfied that a
bona
fide attempt has been made to comply with
such provisions and that the defect or irregularity is of a minor nature; but
where-
(a) the applicant, on receiving notice in writing from the Director to remedy such defect, fails to do so or fails to inform the Director that he has remedied such defect in the time specified in such notice, such defect or irregularity shall invalidate such marking out or such application;
(b) a number of such defects or irregularities occur, the whole may be regarded by the Director as invalidating such marking out or such application;
(c) such defect is calculated, in the opinion of the Director, to mislead another possible applicant for a mining tenement over the area marked out, or any part thereof, or over any land adjacent to the area marked out, such defect may be held to invalidate such marking out or such application.
Application for mining tenement. Form 1
16.-(1)
Every application for a mining tenement shall be in Form 1 or to like effect,
addressed to the Director, and shall be signed
by each applicant or his agent
or, in the case of a company, by the manager or secretary of the
company.
(2) Every such
application shall be accompanied by all relevant fees prescribed in the Second
Schedule together with-
(a) in the case of an application for a prospecting licence, a deposit of all fees payable under the provisions of subparagraph (a) of paragraph (1) of regulation 5 for the duration of the term of the licence applied for; or
(b) in the case of an application for any other mining tenement, a deposit of the first half year's rent payable under the provisions of subparagraph (b) of that paragraph.
(3)
In the case of an application for a mining lease, or for a special site right or
road access licence which is to be attached to
a mining lease, the applicant
shall, in addition to any amount deposited under the provisions of paragraph
(2), deposit with the
Director the sum of $40 as part payment of the survey
fees.
(4) Upon the grant of an
application for a mining tenement, so much of the fees and rents paid or
deposited under the provisions of
paragraph (2) as shall represent the fees and
rents payable in respect of the area over which the tenement is granted, shall
be paid
by the Director to the Consolidated Fund, and the balance, if any, shall
be returned to the applicant, or should the application
be refused, the whole of
all amounts deposited by the applicant under the provisions of this regulation,
less the filing fees, shall
be returned to
him.
(5) No deposit as security
for fulfilment of the condition specified in section
43
of the Act shall be required to accompany an application for a mining tenement
over land of which the applicant or one of them is
the
owner:
Provided that, if the
application is granted and the mining tenement or the ownership of the land is
subsequently transferred by such
person, such deposit must be lodged with the
Director at the time of applying for his approval of the transfer, or the
registration
of the transfer of the ownership of the land, as the case may
be.
Plans to accompany application
17.-(1)
Every application for a mining tenement shall be accompanied by a copy of, or
tracing from, an official plan published by the
Lands Department on the largest
practical scale which shall show the following details:-
(a) the scale and plan reference number;
(b) the relative positions of the datum, corner and boundary posts with an outline of the boundaries;
(c) the true or magnetic bearing and distance of the datum post from some fixed point which is shown on such official plan and the true magnetic bearing and length of each boundary line;
(d) the approximate position of the chief local landmarks, and any other beacons or mining tenements in the neighbourhood;
(e) the topographical features in such a manner as will slow clearly the position of the boundary lines and permit of their being identified on the ground;
(f) in the case of a tracing, sufficient detail to enable the position to be marked accurately on another copy of the official plan from which the tracing is taken; and
(g) the name and signature of the applicant.
(2)
On, or at any time after, the approval of an application for a mining tenement,
the Director may require the holder to submit
a more accurate plan and on
receipt thereof may amend the description of the land the subject of the mining
tenement to agree with
such plan, and such amended description shall thereupon
become the description of the land the subject of the mining
tenement.
Agent may be called upon to produce authorisation
18.
If an application for a mining tenement is lodged by an agent or person
purporting to act on behalf of the applicant, the Director
may require
confirmation of the authority under which such agent or other person acts before
accepting such application and proceeding
with such notification and dealing as
may be required.
Notice of application for mining tenement. Form 2
19.
Upon receipt of an application for a mining tenement, the receiving officer at
the Mines Department shall prepare a notice in quadruplicate
in Form 2 and shall
cause one copy thereof to be placed upon the notice-board at the office of the
Mines Department at Suva and shall
deliver the others to the applicant, who
shall, as soon as possible after receipt thereof-
(a) cause one to them to be placed inside a receptacle attached to the datum post of the area applied for and kept intact and legible until such time as the application has been dealt with by the Director:
Provided that the requirements of this paragraph may be dispensed with by the Director or an inspector upon it being proved to his satisfaction that such area is situated in a remote and unoccupied locality; and
(b) publish the notice of application in the Gazette and in one newspaper published and circulating in Fiji.
Withdrawal of application for mining tenement. Form 3
20.
An application for a mining tenement may be withdrawn by the applicant therefor
at any time before it has been granted or refused
by the Director by lodging a
notice of withdrawal in duplicate with the Director in Form 3 or to like effect
and, on acceptance by
the Director of such withdrawal, all rents and fees paid
by the applicant in respect of such application, less the filing fee, shall
be
refunded to him after deduction of the withdrawal fee.
Priority
21.-(1)
An application for a prospecting licence, permit to mine or mining lease shall
have priority of consideration over an application
for a special site right or
road access licence where the areas the subject of the applications overlap or
cover the same piece of
land.
(2)
Subject to the provisions of paragraph (1)-
(a) where more than one person applies for a mining tenement in respect of the same piece of land, the person who, in the opinion of the Director, has first correctly marked out the area and first applied for such mining tenement over such land in accordance with the provisions of these Regulations shall have priority of consideration;
(b) where two or more applications in proper order in respect of the same piece of land are received simultaneously, the applicant who, in the opinion of the Director, first marked out the land shall have priority of consideration; and
(c) where it appears that two or more persons have simultaneously marked out the same land for a mining tenement in accordance with these Regulations or where the Director is unable to determine which applicant was the first to mark out the land, the Director shall decide which application shall have priority of consideration and his decision shall be final.
Director may require applicant to adjust boundaries after survey of contiguous land
22.
Where the plan accompanying an application for a mining tenements shows that any
of the boundaries of the area applied for are contiguous
with any of the
boundaries of another mining tenement which has not been surveyed, the Director
may, upon completion of the survey
of such other mining tenement, require the
applicant for or holder of the tenement the subject of such application to move
any of
the beacons constituting the datum post, corner posts or boundary posts
of the area the subject of such application and to adjust
the boundary lines of
such area so that such boundaries, as marked out, remain contiguous with the
surveyed boundaries of such other
mining tenement.
PART IV-PROSPECTOR'S RIGHTS
Application for a prospector's right. Form 4
23.
Every application for a prospector's right shall be in writing in Form 4 or to
like effect, addressed to the Director, and shall
be accompanied by the fee
prescribed in the Second Schedule, and shall set out in full the name of the
applicant and his place of
residence and occupation, together with his normal
postal address and such other details as are stipulated in such
form.
Form of a prospector's right. Form 5
24.-(1)
Prospector's rights shall be prepared in duplicate in Form
5.
(2) Such forms shall be
numbered in consecutive series from first to last and shall be bound in book
form in such manner and numbers
as may be convenient.
Period and post-dating of a prospector's right.
25.-(1)
A prospector's right shall continue in force for one year from the date thereof,
and shall not be renewable.
(2) At
any time within thirty days before the expiration of a prospector's the holder
thereof may apply to the Director for a new
prospector's right to be dated as of
the date of such expiration. Such application shall be accompanied by the
ordinary fee payable
for a prospector's right.
Prospector's right to be produced.
26.
A prospector's right shall be produced whenever demanded by the owner or
occupier of any land on which the holder thereof is prospecting,
or by the
Director, an inspector, authorised officer or police officer.
PART V-PROSPECTING LICENCES
Area and period for prospecting licence.
27.-(1)
The area of land over which a prospecting licence may be granted shall be such
as the Director thinks fit, but shall not exceed
400 ha.
(Amended by Legal Notice 95 of 1978.)
(2)
The Director may grant more than one prospecting licence to any person but the
aggregate of the areas of all prospecting licences
held by one person shall not
exceed 1,200 ha.
(Amended by Legal Notice 95 of 1978.)
(3)
A prospecting licence may be granted for such period, not exceeding five years,
as the Director thinks fit.
(4)
Where the provisions of the Act and the conditions of the licence have been
observed and performed to the satisfaction of the
Director and on application
being made therefor and the prescribed fees paid within thirty days immediately
preceding the date of
expiry of the licence, the holder of a prospecting licence
shall be entitled to an extension thereof for such further periods as
the
Director may determine on the same conditions as are then generally applicable
to new prospecting licences.
(5)
Notwithstanding the provisions of paragraph (4), the Director may in his
discretion grant an extension of a prospecting licence
for such period as he may
think fit upon receipt of an application therefor together with the prescribed
fees at any time within
fourteen days after the expiry of such
licence.
Form of prospecting licence. Form 6
28.
Prospecting licences shall be in Form 6 with such alterations as may be required
to meet the circumstances of each particular case.
Full particulars of prospecting licences to be entered in Register of Prospecting Licences.
29.
The full particulars of every prospecting licence granted, together with a copy
of the description of the land the subject thereof
as set out in the Schedule to
the prospecting licence, shall be entered in the Register of Prospecting
Licences, which particulars
shall include-
(a) the name of the area (if any);
(b) the number of the prospecting licence;
(c) the date on which it was issued and the date of its expiry;
(d) the name of every holder;
(e) the shares held by each holder;
(f) all transfers, agreements and assignments;
(g) all suspensions granted under the provisions of regulation 30;
(h) all special site rights and road access licences attached thereto.
Conditions to which prospecting licences are to be subject.
30.-(1)
Every prospecting licence shall, in addition to any special conditions contained
therein, be deemed to be subject to the following
conditions:-
(a) that the holder will vigorously and continuously prosecute prospecting operations on the land the subject thereof to the satisfaction of the Director; and
(b) that the holder will employ in the prospecting operations not less than one person, who in the opinion of the Director or an inspector, is qualified and competent to prospect, for every 200 ha or part thereof the subject of the tenement, and not less than one other workman for every 10 ha of such land:
Provided that-
(i) the Director may, on application in writing by the holder, suspend in whole or in part any of the obligations imposed by this sub-paragraph for such time as the Director may think fit; and
(ii) where machinery is used, the number of workmen employed may be reduced in the proportion of one workman for each horsepower of machinery used, but so that the number of workmen employed shall not be less than one-third of the number prescribed by this sub-paragraph.
(Amended by Legal Notice 95 of 1978.)
(2)
The land the subject of a prospecting licence shall be deemed to be continuously
worked if six hours'
bona
fide work per working day is performed
thereon by the prescribed number of men for two hundred working days per
annum:
Provided that involuntary
cessation of work during the continuance of stress of weather, epidemics or
strikes, shall not be deemed
to be a breach of any of the conditions imposed by
the provisions of paragraph (1).
Reports on prospecting operations Form 7
31.
The holder of a prospecting licence shall within 14 days after the expiration of
each period of 3 months from the date of issue thereof
submit to the Director a
report in Form 7 as to the nature and extent of the prospecting operations
conducted upon the land the subject
of such licence during such period of 3
months; and shall, if required by the Director, submit with such report true
copies of any
plans of survey made on or below the surface of the land and true
copies of any engineering or geological reports relating to the
area and any
specimens of material obtained in the course of prospecting
operations.
Special prospecting licences
32.-(1)
An application for a special prospecting licence shall, in addition to complying
with the provisions of regulations
16
and
17,
be accompanied by-
(a) a statement of the approximate number of workmen the applicant guarantees to employ on continuous prospecting during the currency of the licence if the licence be granted; and
(b) a programme of prospecting work which the applicant undertakes to perform on the area applied for if the licence be granted and an estimate of the expenditure to be incurred in such work.
(2)
Special prospecting licences shall be prepared in Form 6 with such alterations
as may be required to meet the circumstances of
each particular case, and shall
be endorsed
"Special".
(Form
6)
PART VI - PERMITS TO MINE AND MINING LEASES
Areas for permits to mine and mining leases
33.-(1)
The area of land over which a permit to mine or mining lease may be granted
shall be in the discretion of the Director but shall
not, except with the prior
approval of the Minister, exceed the following areas:-
(a) in the case of a permit or lease for precious minerals-40 ha; or
(b) in the case of a permit or lease for non-precious minerals-128 ha.
(Amended by Legal Notice 95 of 1978.)
(2)
Every application for the grant of a permit to mine or mining lease over an area
in excess of that specified in paragraph (1)
shall be accompanied by a scheme in
writing outlining the nature and extent of the proposed operations together with
evidence to
the satisfaction of the Director that the applicant has the working
capital necessary to carry out such scheme.
Applications for permits to mine and mining leases
34.-(1)
An applicant for a permit to mine or mining lease shall report fully to the
Director the nature of the mineral deposit in respect
of which such mining
tenement is applied for and the Director may require the applicant to submit
copies of assays and reports made
by engineers, geologists or
prospectors.
(2) The plan
accompanying the application shall, in addition to the information required by
the provisions of regulation 17, show
all roads, paths, fences, buildings, crops
or other improvements within the boundaries or within 30 m of the area applied
for.
(Amended by Legal Notice 95 of 1978.)
(3)
An applicant for a permit to mine or mining lease shall also state and describe
in his application the area of surface which he
desires to occupy and
use.
(4) On receipt of an
application therefor the Director may approve the grant of a permit to mine or
mining lease or may require the
applicant to continue prospecting
operations.
Form of permit to mine. Form 8
35.
Permits to mine shall be in Form 8 with such alterations as may be required to
meet the circumstances of each particular case.
Full particulars of permits to mine to be entered in Register.
36.
The full particulars of every permit to mine granted, together with a copy of
the description of the land as set out in the Schedule
to the permit to mine,
shall be entered in the Register of Permits to Mine, which particulars shall
include-
(a) the name of the mine;
(b) the number of the permit to mine;
(c) the date on which it was issued and the date of expiry;
(d) the name of every holder;
(e) the share held by each holder;
(f) all transfers, assignments and tribute agreements made;
(g) all exemptions granted or cancelled; and
(h) all special site rights and road access licences attached thereto.
Form of mining lease. Form 9
37.
Mining leases shall be in Form 9 with such alterations as may be required to
meet the circumstances of each particular case.
Execution of lease.
38.
Every mining lease shall be executed by the lessee, if he be resident within
Fiji, within a period of 60 days from the date of issue
of the notice that the
lease is ready for execution, or in the case of a lessee residing outside Fiji,
within a period of 6 months
from the date of issue of such notice. Failure on
the part of the lessee to execute a lease within the prescribed period shall
render
the approval of the lease liable to cancellation.
Record to be kept of mining leases.
39.
A book shall be kept at the Mines Department to be called the "Record of Mining
Leases" in which shall be entered in relation to
each mining
lease-
(a) the name of the mine;
(b) the registered number of the lease;
(c) the date on which it was issued and the date of its expiry;
(d) the name of every lessee;
(e) the share which each lessee holds;
(f) all transfers, assignments, subleases and tribute agreements made;
(g) all exemptions granted or cancelled; and
(h) all special site rights and road access licences attached thereto:
Provided
that any system of recording such information by cards shall be sufficient
compliance with the provisions of this regulation.
Rights and conditions of permits to mine and mining leases.
40.-(1)
A permit to mine or mining lease shall entitle the holder to work underground
for the purpose of mining at a depth of not less
than 15 m below the surface
throughout the whole area the subject of such tenement and also to occupy and
use for the purpose of
mining or purposes ancillary thereto, such portion of the
surface as may be allowed by the Director and specified in the tenement
holder
of a permit to mine or mining lease may, at any time, apply to the Director for
an extension of the surface area which he
may occupy and use. If the application
is granted such extension shall be endorsed on the permit to mine or mining
lease.
(Amended by Legal Notice 95 of 1978.)
(2)
Every permit to mine and mining lease shall, in addition to any special
conditions contained therein, be deemed to be subject
to the following
conditions:-
(a) that the holder shall commence mining operations on the land the subject thereof within 30 days after the issue of such permit or lease and thereafter vigorously and continuously prosecute mining operations thereon with reasonable diligence and skill to the satisfaction of the Director;
(b) that the holder shall at all times employ in such operations a minimum of one workman for every 4 ha or part thereof included in the tenement:
Provided
that when machinery is used for mining purposes the number of workmen employed
may be reduced in the proportion of one workman
for each horsepower of machinery
so used but so that the number of workmen employed shall not be less than
one-third of the number
prescribed by this sub-paragraph.
(Amended by Legal Notice 95 of 1978.)
(3)
Mining operations on a permit to mine or mining lease shall be deem be
continuous if 6 hours
bona
fide work per working day is performed
there the prescribed number of workmen for 200 working days per
annum:
Provided that involuntary
cessation of work during the continuance of stress of weather, epidemics or
strikes, shall not be deemed
to be a breach of any of the conditions imposed by
the provisions of this
paragraph.
(4) For the purpose of
compliance with the provisions of this regulation, mining operations shall be
deemed to include, together with
any exploration, development or exploitation
carried out by workmen or tributers within the area, all work done in the
construction,
erection, operation and maintenance of machinery, or in
preparations indispensable to the actual commencement of mining
operations.
Director may order holder to stop mining operations
41.-(1)
If the Director considers that mining operations on any permit to mine or mining
lease are being carried out in an inefficient
or unworkmanlike manner he may
order the holder to stop mining operations and the holder shall thereupon stop
all mining operations
and submit to the Director a scheme of operations for
future mining.
(2) If, on receipt
of a scheme of operations submitted under the provisions of paragraph (1), the
Director is satisfied that such
scheme of operations will be adequate to ensure
efficient and workmanlike mining operations, the Director may revoke the order
to
stop mining operations.
(3) In
the event of a second or subsequent order to stop mining operations being issued
to the same holder, the mining tenement concerned
shall be liable to
cancellation.
(4) All orders to
stop mining operations shall be endorsed by the Director on the permit to mine
or mining lease concerned.
Notice of commencement of mining operations Form 10
42.
Before commencing any mining operations, or any new mining operations of which
notice has not been given under the provisions of
this paragraph, the holder of
a permit to mine or mining lease shall serve a notice in Form 10 on the owner,
occupier or lessee of
all land which will be affected by such operations and,
within 14 days of the service thereof, shall forward to the Director a copy
of
such notice endorsed with an affidavit of service of the same, duly completed
and sworn by the person who effected such service.
Exemption from labour covenants
43.-(1)
The holder of a permit to mine or mining lease may apply to the Director for
exemption from compliance with any of the provisions
of regulation
40
for a period not exceeding 3 years.
Form 11
(2) Every application made
under the provisions of this regulation shall be in Form 11 and accompanied by
the fee prescribed in the
Second Schedule, and shall state the grounds upon
which it is made.
(3) Upon receipt
of an application made under the provisions of this regulation, the Director
may, if satisfied that any of the grounds
specified in regulation
44
exist, grant the exemption applied for upon such conditions as he thinks fit or,
if no so satisfied, may refuse the application.
Form 12
(4) Every exemption
granted under the provisions of his regulation shall be in Form
12.
(5) Failure on the part of the
holder to observe any conditions of any exemption granted under the provisions
of this regulation shall
render such exemption liable to
cancellation.
Grounds for exemption
44.
The grounds upon which exemption may be
granted under the provisions of regulation
43
are as follows:-
(a) lack of capital, after a fair sum shall have been expended on the mine in work, labour or materials; or
(b) time is required for the erection of machinery; or
(c) influx of water into the mine or scarcity of water in the vicinity of the mine; or
(d) scarcity of labour; or
(e) collapse of the working shaft or other main working place in the mine; or
(f) the mine is, for some other cause, temporarily unworkable; or
(g) the death of the holder or one of the several joint holders; or
(h) absence of the holder or manager for some sufficient reason from the locality or his inability by reason of sickness or other sufficient cause, to work the mine; or
(i) the title to the mine is in dispute; or
(j) bankruptcy proceedings are pending; or
(k) the holder of several adjacent mines desires to concentrate the labour complement of such mines on one or more of them; or
(l) the purchase price of a mineral in Fiji is so low that the working by an efficient miner of the mine producing such mineral is uneconomic.
Resumption of work during currency of exemption.
45.
When exemption has been granted in respect of any permit to mine or mining lease
under the provisions of regulation
43,
the resumption or performance of any work during the currency of such exemption
shall not be deemed to cancel the exemption.
Keeping inspection and verification of accounts.
46.-(1)
The holder of every permit to mine and mining lease shall keep to the
satisfaction of the Director, full, rue and proper accounts,
account books,
receipts, vouchers and other documents verifying the accounts and account books,
and showing the nature and extent
of the operations carried on upon and in
respect of such tenement and the mining thereon. In the even of the failure or
neglect of
the holder to keep to the satisfaction of the Director the accounts,
account books, receipts, vouchers and other documents as above
mentioned, the
tenement concerned shall be liable to
cancellation.
(2) Any person
authorised for that purpose by the Director shall at any time have access to the
books and account of any such mining
tenement and may examine the same for the
purpose of checking if the terms of the tenement have been complied with and
ascertaining
the amount of royalty payable in respect of the minerals obtained
from such mining tenement.
(3) The
person so authorised as aforesaid may make copies of any entries or matters
contained in the said books and accounts, and
on completion of his examination
shall report to the Director.
(4)
Any person so authorised as aforesaid who shall reveal any information so
obtained by him, except to his official superiors in
the course of his duties,
or under the authority of a court of competent jurisdiction, shall be guilty of
an offence and liable to
a fine not exceeding
$100.
(5) Any person who obstructs
any person carrying out an examination required under the provisions of this
regulation, or who without
lawful excuse refuses or neglects to produce any book
under his control, or to answer any question asked in the course of such
examination,
shall be guilty of an offence and liable to a fine no exceeding
$100.
Monthly report on mining operations. Form 13
47.
Every holder of a permit to mine or mining lease shall not later than the
fourteenth day of every month submit to the Director a
report in Form 13 which
shall show the amount of minerals obtained therefrom during the preceding month
and the estimated value thereof
together with the other information required by
such form.
Yearly report by mine holder. Form 14
48.
Every holder of a permit to mine or mining lease shall, not later than 31
January in each year, submit to the Director a report in
Form 14, under the hand
of the holder, agent, company manager or secretary setting forth in respect of
such permit or lease the particulars
mentioned in such form for the preceding
year.
Special mining leases
49.-(1)
An application for a special mining lease shall, in addition to complying with
the provisions of regulations
16
and
17,
be accompanied by-
(a) a statement of the terms required for such special mining lease and the reasons, supported by documentary evidence, why such terms should be granted; and
(b) a programme of work which the applicant undertakes to perform on the area applied for if the lease be granted and an estimate of the cost of such work.
Form 9
(2) Special mining leases
shall be prepared in Form 9, with such alterations as may be required to meet
the circumstances of each
particular case, and shall be endorsed
"Special".
PART VII - SPECIAL SITE RIGHTS
Areas for special site rights
50.-(1)
The area of land over which a special site right may be granted shall be in the
discretion of the Director but shall not, except
with the prior approval of the
Minister, exceed the following areas:-
(a) for a water right - sufficient area to include the dam, reservoir and pumping station;
(b) for a passageway right - an area being the shortest reasonable distance between the start and finish of the passageway in length and not less than 5m nor more than 10m in width;
(c) for a general site right - 10ha.
Every
application for the grant of a special site right over an area in excess of any
of those specified in this regulation shall
be accompanied by a scheme in
writing outlining the nature and extent of the proposed usage together with
evidence to the satisfaction
of the Director that the applicant has the working
capital necessary to carry out such scheme.
(Amended by Legal No ice 112 of 1970; 95 of 1978.)
(2)
No special sit right shall be granted over any area which, in the opinion of the
Director, is required for mining purposes or
which would interfere prejudicially
with mining operations.
Purpose of special site rights
51.
A special site right shall entitle the holder hereof to the exclusive occupation
of the surface of the land comprised therein for
the following
purposes:-
(a) in the case of a water right, to divert such maximum quantity of water as may be specified therein and to erect such works at the point of intake as may be necessary for the purpose of diverting such water;
(b) in the case of a passageway right, to cut a race or lay pipes on or beneath the surface for the conveyance or distribution of water, oil, air or any other substances for mining purposes, or to construct a tramway or aerial ropeway or conveyor belt to facilitate the transport of materials and the products of mining operations;
(c) in the case of a general site right, to use the site for such of the following purposes as may be specified therein:-
(i) the erection of machinery;
(ii) the disposal of earth and tailings;
(iii) the treatment of ore or minerals;
(iv) the erection of plan and furnaces;
(v) stockpiling the products of mining;
(vi) the erection of loading and shipping facilities;
(vii) otherwise as is specified in such right.
Application for special site right.
52.
The plan accompanying an application for a special site right shall, in addition
to the information required by the provisions of
regulation
17, show the following
details:-
(a) all roads, paths, fences, buildings, crops or other improvements within the boundaries or within 30m of the area applied for;
(b) in the case of a water right, the proposed point of diversion proposed site of any dam, reservoir or pumping station;
(c) in the case of a passageway right , the position of all proposed trestles, bridges, culverts or works or appurtenances;
(d) in the case of a general site right, the position of all proposed buildings, roads, dumps, dams or works.
(Amended by Legal Notice 95 of 1978.)
Form of special site right
53.
Special site rights shall be in Form 15 with such alterations as may be required
to meet the circumstances of each particular
case.
(Form
15)
Special site rights to be held in connection with mining tenement only
54.-(1)
On the issue of a special site right the Director shall enter, or cause to be
entered, a memorial thereof on the mining tenement
to which such special site
right is attached.
(2) On the
transfer of the mining tenement to which a special site right is attached the
special site right shall also be transferred
to the transferee of such mining
tenement:
Provided that, with the
written consent of the transferee, the transferor of any mining tenement may
apply to the Director for the
cancellation of any special site right attached
thereto and on payment of the prescribed fees may re-apply for the special site
right
to be attached to any other mining tenement held by him in the same
vicinity.
(3) The Director shall
not approve the transfer of a special site right unless the mining tenement to
which it is attached is also
transferred to the transferee of the special site
right.
(4) At anytime prior to the
abandonment, forfeiture, cancellation or surrender of a mining tenement, the
holder thereof may apply
to the Director for the cancellation of any special
site right attached thereto and, on payment of the prescribed fees, may re-apply
for such special site right to be attached to any other mining tenement held by
him in the same vicinity.
Record to be kept of special site rights
55.
A book shall be kept at the Mines Department to be called the "Record of Special
Site Rights" in which shall be entered in relation
to each special site right
-
(a) the number of the mining tenement, to which such special site right is attached;
(b) the registered number of the special site right;
(c) the purpose for which it was issued;
(d) the date on which it was issued and the date of expiry;
(e) the names of the holders;
(f) the share which each person holds; and
(g) all transfers, assignments, subleases and other dealings herein.
Water right not required for water within a mining tenement, limitation of height of dam
56.
The holder of a mining tenement may diver or impounded water for prospecting or
mining purposes without obtaining a water
right:
Provided that
-
(a) the diverted water is returned to its original channel and that the points of intake and return of the diverted water both lie within the area the subject of the mining tenement and that both the original water-course between such points of intake and return and the water-race to which the water is diverted lie wholly within such area; and
(b) any dam constructed for the impounding of water on a mining tenement shall be only of such height and at such a distance from the boundary as in no way to interfere with the natural level of the stream above such boundary to the injury of any landowner or the holder of any other mining tenement.
Bridges
57.
Where a water-race is constructed within a passageway right, bridges shall be
constructed and maintained by the holder of the right
to the satisfaction of the
Director or an inspector at all points where the water-race crosses any roads or
paths.
Right of holder of passageway right
58.-(1)
The intervention of a mining tenement on the line of route of a proposed
passageway shall not debar the grant of a passageway
right through or across
such intervening mining tenement; and the holder of such passageway right shall
be entitled to cut his race
or drain or lay his water or other pipe or construct
his tramway or aerial ropeway or conveyor belt through such intervening mining
tenement or over or under any race, fence, drain, pipe, road or
tramway:
Provided that if injury
is done to such mining tenement, race, fence, drain, pipe, road or tramway and
is not promptly made good by
or at the expense of the holder of such passageway
right, compensation shall be determined in accordance with the provisions of
section
40
of the
Act.
(2) The original line of a
passageway may, with the permission of the Director, be altered or deviated from
provided that -
(a) no substantial interference or injury is caused to the holder of any prior mining tenement;
(b) the Director may in his discretion require a survey of such deviation; and
(c) such deviation shall be noted on the passageway right.
Unlawful use or pollution of water
59.
Any person who-
(a) takes water from any race, pipe, dam or reservoir without the consent of the holder of any special site right relating thereto; or
(b) permits sludge or other noxious mater to flow into or otherwise pollute the water therein; or
(c) injures the banks of a race, dam or reservoir, or the works connected therewith, shall be guilty of an offence and liable to a fine not exceeding $100.
Erection of machinery or furnaces
60.-(1)
The holder of a special site right shall commence the erection of machinery,
furnaces or other works thereon within a period
of 12 months from the date of
commencement of the right.
(2) If
the holder of a special site right desires to obtain an extension of the time
within which he must commence the erection of
machinery, furnaces or other
works, he shall make application to the Director, and, upon payment of the
exemption fee prescribed
in the Second Schedule, the Director may grant such
extension of time for any period not exceeding 6 months. Every such extension
shall be noted on the special site right.
Period of special site right
61.-(1)
The period for which a special site right may be granted shall be in the
discretion of the Director, but shall not exceed the
period for which the mining
tenement to which the special site right is attached has been granted or
extended.
(2) At the expiration of
the period originally granted, on one month's notice being given to the Director
and on payment of the fee
prescribed in the Second Schedule, a special site
right may be extended for a further period which shall not exceed the period for
which the mining tenement to which such special site right is attached has been
granted or extended and provided that the right is
not at that time liable to
cancellation. The conditions of any such extension shall be such as are then
generally applicable to new
special site rights.
Resumption of areas
62.
The Director may, with the approval of the Minister and upon payment of
compensation to the holder, cancel a special site right in
respect of any part
of the land the subject of the right when such land is required for public or
mining purposes.
PART VIII - ROAD ACCESS LICENCES
Area for road access licence
63.
The area of land over which a road access licence may be granted shall be in the
discretion of the
Director:
Provided that the course
of the road shall follow the shortest reasonable distance from a public road or
from a road held under any
other road access licence to the boundary of the
mining tenement, and the width of the land the subject of such licence shall be
not less than 4.5m nor more than 20m.
(Amended by Legal Notice 95 of 1978.)
Purpose of road access licence
64.
A road access licence shall entitle the holder thereof to construct a road on
the land the subject of the licence for the purpose
of obtaining access to the
mining tenement to which the road access licence is attached.
Application for road access licence
65.
The plan accompanying an application for a road access licence shall, in
addition to the information required by the provisions of
regulation
17,
show the following details:-
(a) the position of the proposed road from a public road or other road to the point of entry to the mining tenement;
(b) all roads, paths, fences, buildings, crops or other improvements within the boundaries or within 30m of the area applied for;
(c) all native villages and other settlements along or near to the proposed road; and
(d) the position of all proposed trestles, bridges, culverts, gates or cattle-stops.
(Amended by Legal Notice 95 of 1978.)
Form of road access licence
66.
Road access licences shall be in Form 16, with such alterations as may be
required to meet the circumstances of each particular
case.
(Form
16)
Road access licence to be held in connection with mining tenement only
67.-(1)
On the issue of a road access licence, the Director shall enter, or cause to be
entered, a memorial thereof on the mining tenement
to which such road access
licence is attached.
(2) On the
transfer of the mining tenement to which a road access licence is attached, the
road access licence shall also be transferred
to the transferee of such mining
tenement:
Provided that, with the
written consent of the transferee, the transferor of any mining tenement may
apply to the Director for the
cancellation of any road access licence attached
thereto and on payment of the prescribed fees may re-apply for the road access
licence
to be attached to any other mining tenement held by him in the same
vicinity.
(3) The Director shall
not approve the transfer of a road access licence unless the mining tenement to
which it is attached is also
transferred to the transferee of the road access
licence.
(4) At any time prior to
the abandonment, forfeiture, cancellation or surrender of a mining tenement, the
holder thereof may apply
to the Director for the cancellation of any road access
licence attached thereto, and on payment of the prescribed fees may re-apply
for
such road access licence to be attached to any other mining tenement held by him
in the same vicinity.
Record to be kept of road access licences
68.
A book shall be kept at the Mines Department to be called the "Record of Road
Access Licences" in which shall be entered in relation
to each road access
licence-
(a) the number of the mining tenement to which such road access licence is attached;
(b) the registered number of the road access licence;
(c) the date on which it was issued and the date of expiry;
(d) the names of the holders;
(e) the share which each person holds; and
(f) all transfers, assignments, subleases and other dealings herein.
Rights of holder of road access licence
69.-(1)
The intervention of a mining tenement on the line of route of a proposed road
shall not debar the grant of a road access licence
through or across such
intervening mining tenement; and the holder of such road access licence shall be
entitled to construct this
road through any intervening mining tenement or over
or across any race, fence, drain, pipe, road or
tramway:
Provided that
-
(a) if injury is done to such mining tenement , race, fence, drain, pipe, road or tramway and is no promptly made good by or at the expense of the holder of such road access licence, compensation shall be determined in accordance with the provisions of section 40 of the Act;
(b) where such road passes through any fence, a good and substantial gate shall be provided in the fence or a satisfactory cattle-stop shall be constructed to prevent stock enclosed by the fence from escaping.
(2)
The original line of the road may, with the Director's permission, be altered or
deviated from:
Provided that
-
(a) no substantial interference or injury is caused to the holder of any prior mining tenement;
(b) the Director may require a survey of such deviation; and
(c) such deviation shall be noted on the road access licence.
Construction of road
70.
The holder of a road access licence shall commence the construction of a road
thereon within a period of 3 months from the date of
issue of the
licence.
Period of road access licence
71.-(1)
The period for which a road access licence may be granted shall be in the
discretion of the Director, but shall not exceed the
period for which the mining
tenement to which such road access licence is attached has been granted or
extended.
(2) At the expiration of
the period originally granted, on one month's notice being given to the Director
and on payment of the fee
prescribed in the Second Schedule, a road access
licence may be extended for a further period which shall not exceed the period
for
which the mining tenement to which such road access licence is attached has
been granted or extended and provided that the licence
is not at the time liable
to cancellation. The conditions of such extension shall be such as are then
generally applicable to new
road access licences.
Resumption of areas
72.
The Director may, with the approval of the Minister and upon payment of
compensation to the holder, cancel a road access licence
in respect of any part
of the land the subject of the licence when such land is required for public or
mining purposes.
PART IX - SURVEYS AND PLANS OF MINING TENEMENTS
Survey of mining tenements
73.
If any question or dispute arises as to the actual land comprised in any
application for a mining tenement or in any unsurveyed mining
tenement, the
Director may direct such survey as he deems necessary to be made either by the
applicants or holders or at their expense.
General rules for surveys
74.
The following general rules shall apply with respect to surveys required by or
under the provisions of the Act:-
(a) the datum post and corner posts of the land to be surveyed shall be marked by survey marks consisting of concrete pegs 600mm in length, or galvanized iron piping not less than 12.5mm internal diameter and 600mm in length, sunk 500mm into the ground;
(b) subsidiary angles and intermediate points on the boundary lines shall be marked by galvanized iron piping not less than 12.5mm internal diameter and 600mm in length, sunk 500mm into the ground;
(c) the survey marks' at the datum post and corner posts shall be connected by bearings and distance to a broad-arrow mark 75mm long chiselled on a suitable nearby tree in the manner specified in the Surveyors Regulations, and beneath such broad-arrow mark the surveyor shall chisel the appropriate letters and figures, 75mm long, as are specified in those Regulations;
(d) topographical features of the land surveyed shall be shown on all survey plans of mining tenements;
(e) if the land required to be surveyed is wholly or partially included in alienated land, the surveyor shall connect his survey with the existing survey of such alienated land and, if the boundary of such alienated land crosses the boundary of the land being surveyed, the surveyor shall define and mark the points of interception of such boundaries and show the same upon his plan;
(f) any crops, fences, buildings or other improvements found to be within the boundaries of or within 30m of any land surveyed under the provisions of these Regulations shall be shown upon the survey plan, and the surveyor's report shall specify the nature and state of such improvements that lie within the land surveyed;
(g) if the whole or any part of the land to be surveyed is under growing crops, the surveyor shall avoid doing any damage to such crops. No boundary line shall be cleared through growing crops except with the consent of the owner thereof, but if any survey mark situated within the planted area can be marked without causing damage, it shall be so marked;
(h) in the even of the surveyor being unable to establish a survey mark on the boundary line without causing damage, a reference mark shall be established as near to the true boundary as is reasonably possible, and the surveyor shall show upon this plan all necessary information to enable the correct boundary to be established if and when required.
(Amended by Legal No ice 95 of 1978.)
Survey marks to be protected by holder of tenement
75.-(1)
The holder of any mining tenement, the boundaries of which have been surveyed,
shall maintain and protect the survey marks from
loss or damage and shall keep
such marks and this boundary lines reasonably clear of bushes, reeds, vines or
other undergrowth in
sufficient degree so as to enable such survey marks and
boundary lines to be readily found and followed at
anytime.
(2) No post, peg or other
survey mark established by a surveyor shall be moved, replaced or otherwise
interfered with, by any person
other than a registered surveyor, and, in the
even of any survey mark being moved, replaced or otherwise interfered with in
contravention
of the provisions of this paragraph, the holder of the mining
tenement to which such survey mark relates shall be liable, in addition
to any
penalty imposed under the provisions of this Ac or of the Surveyors Act, to pay
the cost of re-establishing, by survey, such
survey
mark.
(Cap.
260.)
Plans of mines to be kept
76.-(1)
The holder of every permit to mine, mining lease or special mining lease in
which 10 or more men are ordinarily employed in mining
operations, or if the
Director so directs, upon which any less number of men are so employed, shall
keep at the mine office accurate
plans made from actual surveys by a surveyor,
mining engineer or mine manager showing the workings and such other information
as
is required under the provisions of regulation
77.
Such plans shall be revised at intervals of not less than 3 months.
(2) All plans kept under
the provisions of paragraph (1) shall be produced to an inspector or authorised
officer on demand, and the
holder shall, if so requested by the inspector or
authorised officer, mark or cause to be marked on such plans, within a
reasonable
time after such request, the progress of the workings of the mine
since the time of last revision, and allow such inspector or authorised
officer
to examine and take a copy
thereof.
(3) In the month of March
of every year the holder shall send to the Director true copies of all plans
required to be kept under the
provisions of this regulation showing the workings
up to the end of the preceding calendar
year.
(4) Every such copy shall be
filed by the Director and no copy or tracing thereof shall be furnished to, nor
information in relation
thereto given to, nor shall any such plans or tracings
be open to inspection by, any person other than the Director, an inspector
or an
authorised officer, except with the prior consent of the holder of the mining
tenement to which they relate, or by order of
the
Director.
(5) If any officer,
without such consent or order, furnishes to any person, or allows any person to
inspect, any such plan or copy
or tracing of any such plan, or gives any
information in relation thereto, he shall be guilty of an offence and liable to
a fine
not exceeding $100.
(6) Any
holder of a mining tenement who -
(a) fails to keep any plans required to be kept under the provisions of this regulation, or fails to send copies of such plans to the Director in accordance with the provisions of paragraph (3); or
(b) refuses to produce any such plans to an inspector or authorised officer on demand or to comply with any request made by an inspector or authorised officer under the provisions of paragraph (2),
shall
be guilty of an offence and liable to a fine not exceeding
$200.
(7) If the Director has
reason to believe that any plan required to be kept under the provisions of this
regulation is inaccurate
or incomplete, he may cause a check survey to be made,
and if such plan is proved to be inaccurate or incomplete in any material
respect, the holder of the mining tenement to which such plan relates, shall pay
the costs of such check survey and all expenses
incurred in connection
therewith, and such costs and expenses shall be recoverable as a debt due to the
Director.
Information to be shown on plans
77.
All plans required to be kept under the provisions of regulation
76
shall include-
(a) a plan of the mining tenement showing the boundaries of all mining tenements worked in association therewith by the same holder in one mine and the position of all buildings, shafts, opencast workings, openings from the surface to underground workings and other improvements erected, effected or made by the holder on such mining tenements;
(b) a general plan of all underground workings to a scale not greater than 1:240 and not less than 1:720. If the lower levels cannot be so shown clearly, owing to those at higher levels being super-imposed, there shall also be furnished such plans of each level, or of successive groups of levels, as are sufficient to show clearly the workings in each level;
(c) if required by an inspector or authorised officer, longitudinal sections, to the same scale as the plans of the workings, showing all stopping and sufficient cross-sections to the same scale as to show clearly all lodes and workings;
(d) an assay plan corrected at least once in every 3 months showing on vertical and horizontal projections of the mine workings the position and values of all samples assayed during the course of such workings.
(Amended by Legal Notice 95 of 1978.)
Plans, etc., of abandoned mine required
78.-(1)
Before a mine or any part of a mine is closed down or abandoned or rendered
inaccessible, all plans required to be kept under
the provisions of these
Regulations shall be brought up to date and, within 3 months after the closing
down or abandonment of such
mine, copies of all such plans together with all
calculation books and survey note-books kept by the holder of the mining
tenement
or tenements concerned shall be sent by such holder to the Director and
shall become the property of
Government.
(2) All the
information contained in any plans or records required to be sent to the
Director under the provisions of paragraph (1)
shall become the property of
Government which shall have the right to publish or otherwise use such
information in any manner that
it sees
fit.
(3) Any holder of a mining
tenement who fails to comply with the provisions of paragraph (1) shall be
guilty of an offence and liable
to a fine not exceeding $100.
PART X - GENERAL PROVISIONS
Grant, etc., of prospector's rights and mining tenements to be gazetted
79.
Within the first week of every month the Director shall cause a list of all
prospector's rights granted, cancelled or which expired,
and all mining
tenements granted, renewed, cancelled or surrendered, or which expired, during
the preceding month to be posted on
a notice-board at the Mines Department and
published in the Gazette.
Export of minerals
80.-(1)
Before delivering any minerals on board a vessel or aircraft for export the
intending exporter shall notify the Director of the
quantity and value thereof,
the mining tenement from which they were obtained, the port or airport from
which they are to be exported
and the place to which they are to be
exported.
(2) On receipt of such
notification and on being satisfied that all royalties payable on such minerals
have been paid or secured to
his satisfaction or that no royalties are payable
thereon, the Director shall issue to the exporter a mineral export licence in
Form
17 duly endorsed with the appropriate certificate as to royalties as
required under the provisions of regulation
8,
and shall send a copy of such licence to the Collector of Customs at the port or
airport from which such minerals are to be
exported.
(Form
17)
Particulars of boring operations to be supplied
81.-(1)
Every holder of every mining tenement who in the exercise of his rights
thereunder proposes to putdown a bore hole or drill hole
for the purpose of any
mineral survey or to extend any such existing bore hole or drill hole shall,
before commencing the work, notify
the Director of his intention and shall
furnish particulars of the location of such bore hole or drill hole, and shall
also, either
before or after commencing the work, furnish such additional
particulars as may be required by the
Director.
(2) Where in the course
of drilling a bore hole or drill hole to which this regulation applies a core is
obtained, the core, other
than material therefrom required for purposes of
assay, shall be labelled in such manner that its origin may be readily
determined
and shall be preserved for a least three months after the completion
of the bore hole or such longer period as the Director may in
any case specify.
If no core is obtained, samples of the material obtained in drilling shall be
taken, labelled and preserved as
aforesaid:
Provided
that-
(a) no samples need be kept where the bore hole is sunk in surface gravel or alluvial ground; and
(b) before disposing of any such core or samples, a least one month's notice shall be given by the holder of the mining tenement to the Director.
(3)
Cores and samples preserved as aforesaid shall at all times be available for
examination by an inspector or authorised officer
and specimens may be taken for
purposes of assay or other treatment, but no information obtained as a result of
such examination
or treatment shall, while the mining tenement remains in force,
be made public without the consent of the holder
thereof.
(4) Reports upon the
progress of drilling operations shall be forwarded in Form 18 to the Director at
the expiration of each week
of such
operations.
(Form
18)
Pollution of water
82.-(1)
Any person who, in the course of prospecting or mining operations, except under
the authority of a permit in writing issued under
the provisions of paragraph
(2), causes or permits the deposit or discharge of any rubbish, dirt, filth or
debris or any waste water
from any sink, sewer or drain or other dirty water or
any chemical or other substance deleterious to animal or vegetable life, or
any
other noxious mater or thing, into any watercourse shall be guilty of an
offence, and shall be liable to a fine not exceeding
$100.
(2) The Director may on the
application of the holder of any mining tenement grant a permit in writing
authorising such holder to
deposit or discharge sludge, tailings or other mining
debris into any watercourse at such times and in such places and subject to
such
conditions as the Director thinks
fit.
(3) In granting any permit
under the provisions of paragraph (2), the Director may, in addition to any
other conditions which he may
think fit to impose, require the holder of such
mining tenement to provide at his own expense an alternative water supply, to
the
satisfaction of the Director to any person whose water supply may, in the
opinion of the Director, be adversely affected by the deposit
or discharge of
any sludge, tailings or other mining debris into any watercourse under the
authority of such permit.
Tribute agreements
83.-(1)
The holder of any mining tenement may, subject to the approval of the Director,
enter into a tribute agreement for the working
of the whole or any portion of
such tenement.
(2) Every tribute
agreement shall be in writing in triplicate, signed by or on behalf of the
holder of the mining tenement to which
it relates and by every tributer
thereunder, and shall, within 28 days after its execution, be lodged together
with the fee prescribed
in the Second Schedule, at the office of the Director
for his approval and, if approved, for
registration.
(3) The Director may
refuse to approve any tribute agreement if, in his opinion, any of the terms or
conditions thereof are unreasonable,
and shall refuse such approval unless
satisfied that -
(a) it is for a period of not less than 3 months;
(b) it is in respect of a specified and defined area of land;
(c) all of the terms and conditions thereof and on which any tributer thereunder may use any of the mining plan, machinery, tools and supplies of the holder of the mining tenement to which such agreement relates, are set out fully in such agreement; and
(d) such agreement is subject to cancellation on any breach by any of the parties thereto of any of the terms or conditions thereof.
(4)
Not withstanding any provision to the contrary contained in any tribute
agreement, the holder of the mining tenement to which
any such agreement relates
shall remain liable for the fulfilment of all obligations imposed on him by or
under the provisions of
the Act.
Names and addresses of all holders of a mining tenement to be supplied
84.
No mining tenement shall be granted in the name of any firm, syndicate or
partnership unless the names and addresses of all of the
members thereof are
submitted to the Director in writing signed by each of such members or his
registered attorney, and each of such
members shall, for all purposes, be deemed
to be the holder of such mining tenement and shall be subject to all of the
obligations
imposed on the holder thereof by or under the provisions of the
Act.
Service and delivery of notices and process
85.
Any notice or process required under the provisions of these Regulations to be
served on or delivered to any person shall be deemed
to have been sufficiently
served on or delivered to such person if delivered to him personally or if sent
to him by pre-paid registered
post to this last known place of residence or
business within Fiji.
Powers of attorney
86.-(1)
Every holder of a mining tenement who is not resident in Fiji, or, if a company,
has its principal place of business outside
Fiji, shall, by executing a power of
attorney in Form 19, appoint, and shall at all times have resident in Fiji, an
attorney with
full powers to act on behalf of such holder in respect of all
maters relating to such
tenement.
(Form
19)
(2) A duplicate and a
certified copy of every such power of attorney shall be lodged with the
Registrar of titles and the certified
copy shall be deposited with the Director,
accompanied by the fee prescribed in the Second Schedule, and the Director shall
cause
particulars thereof to be entered in a book to be kept for that purpose
and to be called the Register of Powers of Attorney.
(Substituted by Legal Notice 135 of 1968.)
(3)
A power of attorney may be revoked by the donor at any time by the endorsement
of the words "his power of attorney is thereby
revoked" on the original of such
power of attorney with the date of such revocation, and such endorsement shall
be signed by the
donor and attested by a witness, and on presentation to him of
the original so endorsed the Director shall cause a memorial to that
effect to
be entered in the Register of Powers of Attorney and shall cause a like
memorandum to be entered on the copy of such power
of attorney deposited with
him.
(Amended by Legal Notice 135 of 1968.)
Transfers and other dealings
87.-(1)
Applications for the approval of the Director to any transfer or other dealing
with a mining tenement shall be made to the Director
in Form 20 and shall be
accompanied by the fee prescribed in the Second
Schedule.
(Form
20)
(2) Every transfer of a mining
tenement or any testate or interest therein shall be in Form 21 with such
alterations as may be required
to meet the circumstances of each particular
case. (Form
21)
Surrender of mining tenements
88.
Notice of intention to surrender a mining tenement shall be in Form 22 with such
alterations as may be required to meet the circumstances
of each particular
case, accompanied by the fee prescribed in the Second Schedule, and shall be
submitted in duplicate to the Director
not less than one month before the date
upon which such surrender is intended to take
effect.
(Form
22)
Action to be taken on termination of mining tenement
89.-(1)
If a mining tenement expires or is cancelled, terminated, abandoned or
surrendered, or if an application for a mining tenement
is withdrawn, the holder
or applicant, as the case may be, shall -
(a) remove all beacons marking out the land;
(b) fill up all directional trenches;
(c) fill up or render safe all holes made; and
(d) repair any other damage done to the surface of the land or pay compensation therefor in accordance with the provisions of section 40 of the Act.
(2)
Within 30 days after expiry, cancellation, termination or abandonment of a
mining tenement or within 30 days after giving notice
of surrender of a mining
tenement or withdrawal of an application for a mining tenement the holder or
applicant as the case may be
shall furnish to the Director a certificate in Form
23.
(Form
23)
(3) Before refunding any fees,
rents, deposits or any other moneys due to the holder of or applicant for a
mining tenement and before
accepting a surrender or withdrawal of a mining
tenement the Director shall satisfy himself that the provisions of paragraph (1)
have been complied with and in the event of non-compliance therewith the
Director may recover the cost of removal of beacons, filling
up trenches and
restoration of land from such holder or applicant.
(Regulation amended by Regulations 31 January 1967.)
Filling up or securing excavations
90.-(1)
The following requirements, to the satisfaction of an inspector, shall apply to
all excavations which any person is required
under the provisions of the Act to
fill up or secure in a permanent manner:-
(a) all prospecting pits and trenches shall be filled up;
(b) all shafts shall be filled up or shall be surrounded by dry stone walls or substantial fences of a height adequate to secure the safety of persons and livestock;
(c) all steep faces in alluvial or detrital workings shall be broken down sufficiently to be safe;
(d) all water furrows shall be filled up;
(e) all steep faces in rock shall be surrounded by dry stone walls or substantial fences.
(2)
If, upon the termination or abandonment for any reason whatsoever of a mining
tenement, the holder is in default of payment of
any rents, fees, royalties or
other payments and continues in such default for a period of 30 days, it shall
be lawful for the Director
to sell some or all of the plan, buildings or other
fixtures of the holder situated on the land the subject of the mining tenement
and to deduct from the proceeds of any such sale all amounts remaining due and
unpaid to the Director at the date of such sale together
with all costs, charges
and expenses incurred in such sale and thereafter to pay the remainder, if any,
of the proceeds of such sale
to such holder.
Right to remove fixtures
91.-(1)
Upon the termination or abandonment for any reason whatsoever of a mining
tenement the holder may, if he has paid all rents,
fees, royalties and other
payments required to be made by him under the provisions of the Act or these
Regulations or under the terms
of this tenement, at any time within 120 days
after the date of such termination or abandonment, remove all of his plant,
buildings
or other fixtures thereon, but shall not remove or interfere with any
timber in any mine.
(2) If any
such plant, buildings or other fixtures are not removed within such time as
aforesaid or within such extended time as the
Director may allow, they shall be
deemed to have been abandoned by such holder and to have become the property of
the Government
to be dealt with or disposed of in such manner as the Director
thinks fit:
Provided that the
provisions of this paragraph shall not apply in any case in which the holder or
any of the holders of such mining
tenement is also the owner of the land upon
which such plan, buildings or other fixtures are erected.
Duplicate copies of documents lost or destroyed
92.
For the purposes of the issue of duplicate copies of lost or destroyed documents
relating to any mining tenement the following provisions
shall
apply:-
(a) the application for the duplicate copy shall state the full particulars of the lost or destroyed document and shall be accompanied by a statutory declaration by the applicant stating the facts of the case to the best of his knowledge and belief;
(b) before issuing a duplicate copy the Director shall require the applicant to give at least 14 days' notice in the Gazette and in one newspaper published and circulating in Fiji of his application;
(c) the Director shall, if satisfied with the proof of the loss of a prospector's right, prospecting licence, permit, certificate, or other document not affecting a mining lease, special site right or road access licence, issue to the applicant a copy of such document;
(d) the copy shall be a true copy of the original and shall bear the following endorsement:-
|
"Duplicate copy, issued
this
|
|
day of
|
, 19
|
, in lieu of
|
the original which has been lost (or destroyed).
Director of Mines";
(e) the applicant shall pay for each duplicated copy of any lost or destroyed document the fee prescribed in the Second Schedule.
Certified true copies of documents
93.
An applicant for a certified true copy of any document filed with the Director
shall state in his application the purpose for which
such copy is required, and
if satisfied that the applicant has a reasonable need for the certified copy,
the Director shall, upon
payment by the applicant of the fee prescribed in the
Second Schedule, issue to such applicant a copy of such document which shall
be
a true copy of the original and shall bear the following
endorsement:-
"Certified true
copy, issued this .......... day of ............,19......
Director of Mines".
False representation
94.
Any person who, by any false representation, fraudulent concealment of fact or
collusion, obtains any mining tenement or any interest
therein whether by way of
grant, transfer or otherwise, or who by any such means obtains exemption from
any of the provisions of
the Act or these Regulations shall be liable to forfeit
this interest in such mining tenement.
PART XI-SAFETY OF MINES
Division 1-General
Interpretation
95.
In this Part, unless the context otherwise requires-
"adit" means an artificial pit or hole of an inclination not more than 3 degrees from the horizontal;
"braceman" means a person who is appointed by the manager to be stationed at the shaft top to supervise the loading and unloading of men and materials in a shaft conveyance and to give the necessary signals to the hoist driver and cageman;
"breaking load" means the breaking load as shown in the test certificate most recently issued for a rope;
"cageman" means a person appointed by the manager to have charge underground of a shaft conveyance and to give the necessary signals to the hoist driver and braceman;
"factor of safety" means the number of times the breaking load is greater than the total weight supported by a rope;
"length of lay" means the distance between the point where a strand in a rope commences a twist and the point where the strand completes that twist;
"magazine" means a magazine for the storage of explosives;
"manager", unless otherwise specified, means the person registered under the provisions of these Regulations as responsible for the control, management and direction of a mine or works, or failing such registration, the agent appointed under the provisions of section 14 or 15 of the Act, or failing such appointment the holder of the mining tenement within the boundaries of which mining or prospecting operations are being carried on;
"maximum allowable weight" means the maximum weight which may be supported by a rope without the fact or of safety being reduced below the prescribed value;
"mine" except in regulations 104 and 105 includes prospecting operations;
"mine foreman" means the person in charge of the workings of a mine and acting under the direction of the manager;
"original test certificate" means a certificate issued by the manufacturer of a rope stating the following:-
(a) name and address of manufacturer;
(b) manufacturer's number;
(c) date of manufacture;
(d) diameter or circumference;
(e) length;
(f) number of strands;
(g) number of wires in each strand;
(h) type of construction;
(i) class of core;
(j) quality and strength of steel from which the rope is made;
(k) weight;
(l) breaking load;
"rope" means a wire rope or cable;
"serious injury" means bodily injury of such a nature as would entitle the injured person to compensation under the provisions of the Workmen's Compensation Act, whether or not such person is a workman as defined in that Act;
(Cap. 94.)
"shaft" means an artificial pit or hole of greater inclination than 3 degrees from the horizontal;
"shaft conveyance" means a cage, skip, bucket, tank or carriage used for carrying men or materials in a shaft or winze;
"shift "means any body of workmen whose time for beginning and ending work is the same or approximately the same;
"shift boss" means any person in charge of a shift and acting under the direction of the manager or mine foreman;
"steeply inclined" in connection with a shaft or winze or other underground excavation, means an inclination to the horizontal of more than 45 degrees;
"stope" means a working in which a section or block of reef has been removed;
"test certificate" means a certificate issued by a testing station stating the breaking load and the maximum extension of a rope after it has been tested;
"testing station" means a rope testing station or laboratory approved by the Director;
"water blast " means a continuous spray of water projected by means of compressed air;
"winze" means an interior shaft.
Copies of Regulations to be possessed and displayed
96.-(1)
Every holder of a mining tenement shall have in his possession a printed copy of
this Part and, where any explosives are handled,
stored or used thereon, of all
regulations made under the provisions of the Explosives Act relating to the
handling, storage and
use of explosives, and he shall ensure that
-
(Cap.
189.)
(a) every manager, mill superintendent, opencast foreman, mine foreman and shift boss in his mine also has copies of such Regulations in his possession;
(b) printed copies of such Regulations are kept in the mine office; and
(c) abstracts of those portions of such Regulations directly concerning the men employed in the mine are posted up in suitable places where they can be conveniently read, and, whenever they become defaced, obliterated or destroyed, are renewed.
(2)
No person shall pull down, injure, deface or destroy a notice posted up as
required by the provisions of the Act or these Regulations.
Employment of women, children and young persons
97.-(1)
No male person under the age of 14 years shall be employed in or about a mine,
and no male person under the age of 16 years shall
be employed underground in a
mine or a the working face of any open cast workings except with the written
permission of an inspector,
which permission shall not be given unless such
inspector is satisfied that such employment is carried out under a training
programme
approved by him and subject to such conditions as he may
specify.
(2) No female person
shall be employed at a mine except on the surface in a technical, clerical or
domestic capacity or such other
capacity as requires the exercise of normal
feminine skill or dexterity but does not involve strenuous physical
effort.
Record of all employees to be kept
98.-(1)
A sufficient record shall be kept in the mine office of all persons employed in
and about the mine.
(2) A
satisfactory method of recording the persons underground shall be installed at
the surface of every shaft and the shift boss
shall not leave the mine until he
is sure that every man working on his shift has reached the
surface.
Intoxicated and crippled persons and intoxicating liquor not allowed in or about a mine
99.-(1)
No person who is under the influence of alcohol, and no person who has any
physical deformity which may render him incapable
of taking care of himself or
of men under his charge, shall be allowed to enter a mine or to be in proximity
to any working place
on the surface or near to any machinery in motion within
any mining tenement; and any person who may have entered a mine or who may
be
found in any working place above or below ground when he is under the influence
of alcohol may be arrested by the manager or a
person authorised by the manager,
and on such arrest shall be handed over to the
police.
(2) No person shall take
any intoxicating liquor into a mine or into any working place except with the
special permission of the manager.
Protection of safety appliances
100.
No person shall wilfully damage, or without proper authority use, remove or
render useless, any timber or other support, fencing,
covering, casing, lining,
guide, means of signalling, rope, chain, flange, horn, brake, indicator, ladder,
platform, steam gauge,
water gauge, safety-valve, or other appliance or thing
provided for the maintenance of safety in a mine.
Duty of employees to satisfy themselves of safety of appliances and to report danger
101.
Every person employed in or about a mine shall use ordinary and reasonable
precautions to ascertain that his working place and the
tubs, buckets, chains,
tackle, windlass, ropes or other appliances he uses are not unsafe and shall
cease to use anything unsafe.
Every such person shall forthwith report to the
manager, mine foreman or shift boss if he sees anything likely to produce danger
of any kind and on leaving work shall report to the man relieving him on the
state of his working place.
Division 2-Inspectors and Inspections
Powers of inspectors
102.-(1)
An inspector may in addition to the powers conferred upon him under the
provisions of the Act -
(a) initiate and conduct prosecutions against persons offending against the provisions of these Regulations;
(b) appear at all inquiries in to mining accidents, and, if he thinks fit call and examine and cross-examine witnesses; and
(c) exercise such other powers as are necessary for carrying the provisions of the Act or of these Regulations in to effect.
(2)
Whenever an inspector has inspected a mine or any machinery he shall enter in
the Record Book a report of the actual condition
of the mine and machinery at
the time of the inspection, and he shall also record what alterations or
requirements he thinks are
necessary.
(3) Nothing contained
in or omitted from such report shall be held to limit or affect the
responsibility imposed upon the holder or
manager by the provisions of these
Regulations.
Obligations to remedy any dangerous practice, and procedure to be followed
103.-(1)
If, in the opinion of an inspector, any mine or any works, matter, thing or
practice in or connected with prospecting or mining
operations is dangerous or
so defective that it may cause bodily injury to or be detrimental to the welfare
or health of any person,
or cause injury to livestock he shall give notice in
writing thereof to the holder of the mining tenement or his agent or the manager
of the mine and shall state in such notice the particulars in which he considers
such mine, works, matter, thing or practice to be
dangerous and shall require
the same to be remedied, either forthwith or within such time as he may specify,
and he may order work
to be suspended until the danger is removed to his
satisfaction.
(2) On receipt of
such notice the holder or his agent or manager shall comply therewith, or, if he
objects thereto, he shall immediately
state his objection in writing to the
Director and inform the inspector thereof and shall, if so ordered in such
notice, cease to
use the said mine, or part thereof, works, matter, thing or
practice to which such notice refers, and shall withdraw all men from
the danger
indicated by the inspector until such time as the objection shall have been
determined by the
Director:
Provided that if, in the
opinion of the inspector, it is safe to do so, he may allow work to proceed
until the objection has been
determined, subject to such restrictions and
conditions to ensure safety as he shall consider necessary and shall specify in
writing.
Division 3-Managers and Accidents
Mine manager to be appointed for every mine
104.-(1)
No mining operations shall be carried out at any mine on any land the subject of
a permit to mine, mining lease or special mining
lease unless there is resident
on such mining tenement, or sufficiently near thereto as to have effective
supervision of such operations,
a manager appointed under the provisions of this
regulation as being responsible for the control and direction of all such
operations,
and the appointment of such person as such manager has been notified
to the Director in accordance with the provisions of this
regulation:
Provided that
-
(a) with the consent of an inspector, where the operations carried out at any mine are so extensive as to render impractical the personal supervision by any one person of all mining operations carried out thereat, more than one manager may be appointed in respect of such mine, each of such managers being responsible for the control and direction of such of the operations carried out at such mine as may be approved by an inspector;
(b) no person shall without the consent of an inspector be appointed as the manager of, nor shall he manage, more than one mine unless-
(i) the total number of persons employed at all of the mines in respect of which he is appointed manager does not exceed 100; and
(ii) all of the workings in use at all of such mines are situated within a circle having a radius of less than 3 km;
(c) no person, except a person appointed as an acting manager under the provisions of paragraph (3), shall be appointed as the manager of, nor shall he manage, any mine or mines or any part thereof, other than any mill or workshop, at which more than 10 men are employed, or where explosives or machinery are used, unless he is the holder of a current Mine Manager's Certificate issued under the provisions of regulation 105.
(Amended by Legal Notice 95 of 1978.)
(2)
The appointment of every manager under the provisions of paragraph (1) shall be
notified in writing to the Director within 14
days after such appointment and
every such notice shall be signed by the holder of the mining tenement on which
the mine in respect
of which such appointment is made is situated, or his agent,
or where such mine is being worked by a tributer, by such tributer,
and in every
case by the person so
appointed.
(3) In any case where
any manager appointed under, the provisions of this regulation is unable by
reason of illness, absence from
the mining tenement or of otherwise to perform
his duties as such for any period in excess of 14 days, the holder of the mining
tenement
on which the mine in respect of which he is appointed is situated, or
his agent, or the tributer, as the case may be, shall appoint
an acting manager
to perform the duties of such manager during the period of his illness, absence
or other incapacity, and every
such appointment shall be forthwith notified in
writing to the Director:
Providing
that no mine or any part thereof shall be under the charge of any acting manager
for any period exceeding 28 days unless
such acting manager is the holder of a
current Mine Manager's
Certificate.
(4) If any mining
operations are carried out on any mining tenement in contravention of any of the
provisions of paragraph (1) for
any period in excess of 14 days, the holder and,
in any case where the mine in respect of which such breach occurs is being
worked
by a tributer, such tributer shall be guilty of an offence and liable to
a fine not exceeding $100, and to a further fine not exceeding
$10 for every
day, during which the offence
continues.
(5) Any person who
manages any mine in contravention of any of the provisions of this regulation,
and any person who knowingly employs
him in that capacity, shall be guilty of an
offence and liable to a fine not exceeding $100 and to a further fine not
exceeding $10
for every day during which the offence continues.
Mine Manager's Certificate. Form 24
105.-(1)
Application for a Mine Manager's Certificate may be made to an inspector in Form
24 and shall be accompanied by the fee prescribed
in the Second Schedule, and
such inspector shall, if satisfied, on the information supplied in or enclosed
with such application
and after such written or oral examination of an applicant
as he considers necessary, that such applicant:-
(a) is of good character;
(b) has attained the age of 23 years;
(c) has had not less than 3 years practical experience in mining;
(d) is fully conversant with the provisions of this Part and of all regulations made under the provisions of the Explosives Act, relating to the handling, storage and use of explosives;
(Cap. 189.)
(e) is proficient in rendering first aid to injured persons; and
(f) is otherwise a fit and proper person to hold such a certificate, issue such applicant with a Mine Manager's Certificate in Form 25, and shall enter, or cause to be entered, the full particulars thereof in a book, to be known as the "Register of Mine Manager's Certificates", to be kept at the office of the Mines Department in Suva.
(Form 25)
(2)
A Mine Manager's Certificate shall, unless previously cancelled under the
provisions of paragraph (3) remain in force for a period
of 2 years from the
date of issue thereof, and may, on application being made to an inspector,
accompanied by the fee prescribed
in the Second Schedule, and subject to the
applicant undergoing to the satisfaction of such inspector such further written
or oral
examination as such inspector considers necessary and otherwise
satisfying such inspector that he is a fit and proper person to hold
such a
certificate, be extended for further periods not exceeding 2 years on each
occasion.
(3) If, at anytime
during the currency of any Mine Manager's Certificate, the Director becomes
satisfied that the holder thereof is
not, by reason of incompetence or bad
character or any serious breach of any of the provisions of this Part or of any
regulations
made under the provisions of the Explosives Act, relating to the
handling, storage and use of explosives, a fit and proper person
to hold such a
certificate, the Director may cancel such certificate and such cancellation
shall be sufficiently notified by written
notice to that effect sent to the
holder of such certificate at his last known place of address and by publication
in the
Gazette.
(Cap.
189.)
Duties and responsibilities of manager
106.
Every manager shall be responsible for enforcing the observance of all the
provisions of this Part and of all regulations made under
the provisions of the
Explosives Act, relating to the handling, storage and use of explosives, at the
mine and works under his charge,
and shall, immediately after the occurrence
thereof, report in writing to the nearest inspector or the Director, any
contravention
of any of such provisions, committed at such mine or works,
whether the person committing the same was employed at such mine or works
or
not.
(Cap.
189.)
Responsibility for accident occurring with incompetent workmen
107.
Where an accident occurs at any mine or in any part thereof as a result of the
incompetence or inexperience of any workman employed
thereat, the manager of
such mine or part thereof shall be held responsible for such accident unless he
can prove that he took all
proper precautions to prevent such an accident
occurring.
Manager shall provide for the safety and discipline of workmen
108.-(1)
Every manager of a mine or part thereof shall provide for the safety and proper
discipline of the men employed at such mine or
in the part thereof under his
charge, and shall appoint such persons as may be necessary to ensure that the
provisions of this Part
and of all regulations made under the provisions of the
Explosives Act relating to the handling, storage and use of explosives, are
observed
correctly.
(Cap.
189.)
(2) For the purpose of
paragraph (1), the manager of a mine or any part thereof may make and publish
special rules as to the general
conduct of the work, the duties of particular
persons and the exclusion of unauthorised persons from the mine or any of the
works
thereof.
Manager or deputy to inspect and report
109.
Every manager, or his deputy approved by an inspector, shall, once in each week,
carefully examine the mine and works under his charge,
and shall record in
writing, in the Record Book his opinion as to their condition and safety, and
any repairs and alterations required
to ensure greater safety to the persons
employed therein.
Holder responsible for refusing manager necessary means
110.
If the manager of any mine or any part thereof can prove that the necessary
means for carrying out the provisions of these Regulations
have been refused him
by the holder of the mining tenement on which such mine is situated, or his
agent, the holder of such mining
tenement shall be liable for the
consequences.
Notice of accident to Director or inspector
111.
The manager of any mine or part thereof shall, with the least possible delay
after the occurrence of an accident attended by loss
of life or serious injury
to any person in such mine or part thereof under his charge, give notice thereof
by telephone or by telegram
to an inspector or to the Director and forthwith
confirm such notice in writing.
Interference with place of accident
112.
The place where any accident attended by loss of life or serious injury has
occurred shall be left as it was at the time of the accident
until the
expiration of a least 3 days from the giving of the notice by telephone or by
telegram or until the place has been inspected
by an inspector or authorised
officer, whichever shall be the earlier, unless compliance with the provisions
of this regulation would
end to increase or continue any danger in or seriously
impede the operation of the mine.
Inquiries into accidents
113.-(1)
In the event of any accident attended by loss of life or serious injury to any
person occurring at any mine the Director may
direct that an inquiry be held
into such accident by a Board of
Inquiry.
(2) A Board of Inquiry
shall consist of a Chairman who shall be appointed by the Director and 2
assessors who shall wherever possible
be persons having experience in mining and
shall be appointed by the
Chairman:
Provided that no person
having any personal interest in, or who is employed in the management of, the
mine at which the accident in
respect of which the Board of inquiry is appointed
occurred, shall be appointed to such Board of
Inquiry.
(3) For the purpose of
any inquiry held by a Board of Inquiry under the provisions of this regulation
the Chairman shall have all
of the powers of a magistrates' court of compelling
the attendance of witnesses and the production and giving of evidence as well
as
of taking the evidence of witnesses on oath or
affirmation.
(4) Any person who,
having been summoned to appear before a Board of Inquiry fails to appear before
the Board of Inquiry at the time
and place appointed in such summons, or fails
to produce any document in his possession, or having appeared before the Board
of Inquiry
refuses to take the oath or affirmation or to answer any questions
put to him by the Board of Inquiry, shall be guilty of an offence
and liable to
a fine not exceeding $50.
(5) On
completion of an inquiry held under the provisions of this regulation the Board
of Inquiry shall state its opinion on the cause
of the accident the subject of
such inquiry and forward such opinion in writing signed by the Chairman and the
assessors to the Director.
Notice of special occurrences
114.
Where, in or about any mine -
(a) any accident involving any hoist, sheaves, hoisting rope, shaft conveyance, or any shaft or winze timbering;
(b) any inrush of water from old workings or otherwise;
(c) any failure of an underground dam or bulkhead;
(d) any out break of fire below ground, or any out break of fire above ground if it endangers any structure of the mine or works;
(e) any premature or unexpected explosion or ignition of explosives;
(f) any inflammable or noxious gas in the mine workings; or
(g) any unexpected and non-controlled extensive subsidence or caving-in of mine workings,
occurs,
whether or not loss of life or serious injury is caused thereby, the manager
shall, within the 24 hours next after such occurrence,
send notice in writing to
the Director or an inspector and shall furnish, upon request, such particulars
in respect thereof as the
Director or an inspector may require.
Record Book
115.-(1)
At every mine there shall be kept a book to be known as the "Record Book" in
which the managers shall record the following matters:-
(a) the condition of the mine and all works thereof, on the occasion of this weekly inspection;
(b) the name of his deputy for the purpose of regulation 109;
(c) particulars of any accident involving loss of life or serious injury to any person;
(d) particulars of any special occurrence as described in regulation 114;
(e) particulars of any other occurrences affecting the safety of the mine or works or the safety, health or welfare of the men employed therein.
(2)
The Record Book shall be kept at the mine office and shall be available for
examination by an inspector at all times.
Division 4-Surface Protection and Poisons
Fencing of surface subsidences or cavities
116.
Where mining operations have resulted in subsidences of or cavities on the
surface of any mining tenement, or where such are likely
to occur, the manager
shall cause all such places to be securely fenced and conspicuous notice-boards
to be erected in the immediate
vicinity to warn persons of the existence of such
subsidences and cavities.
Prior permission of inspector required for certain excavations under the surface
117.
No excavations which are likely to result in subsidence of the surface shall be
made under the surface area of any mining tenement
except with the prior
permission in writing of an inspector and subject to such conditions as he may
consider necessary for the prevention
of subsidence and the protection and
safety of the surface.
Loose material not permitted near unprotected edges
118.
No spoil, material, tools, implements or other loose articles of any kind shall
be left or deposited or permitted to remain within
2 feet of the unprotected
edge of any shaft, winze, stope or other opening in any mine.
Protection of shafts not in use and opencast workings
119.
The mouth of every shaft or entrance to a mine which is out of use or used only
as an air-way or as an ore pass and the edge of every
opencast working shall be
kept securely fenced or otherwise protected.
Storage of poisons
120.-(1)
All mercury, cyanide and other poisonous substances used in any mining or
milling process shall be stored in a separate compartment
specially set aside
for the storage of such poisonous substances, which compartment shall be kept
locked and shall be under the charge
of a responsible person duly authorised by
the manager in that behalf.
(2) No
person shall remove from a mine any mercury, cyanide or other poisonous
substance without the prior written permission of the
manager.
(3) Wherever possible
cyanide drips shall be screened.
Antidotes and washes
121.
At every mine or works where poisonous or dangerous compounds, solutions or
gases are used or produced there shall be kept in a conspicuous
place, as near
to the same as is practicable, an adequate supply of antidotes and washes for
the treatment of all injuries likely
to be received from such compounds,
solutions or gases. All such antidotes and washes shall be properly labelled
with explicit directions
for their use affixed to the boxes containing
them.
Provision of gloves
122.
Where persons are required to handle mercury or cyanide or substances containing
mercury or cyanide, the manager shall provide free
of charge an adequate supply
of suitable rubber gloves for the use of such persons.
Poisonous and injurious chemical solution precautions necessary
123.
All land on which water containing any poisonous or injurious chemical solution
is stored shall be effectually fenced to prevent
inadvertent access and
notice-boards shall be erected in suitable places warning persons of the danger
of making use of such water.
Dust abatement
124.
Where quartz or any other substance is crushed or handled in a dry state, there
shall be used such appliances as in the opinion of
an inspector will effectually
keep the air fresh and prevent the accumulation of dust.
Construction of dams
125.
Every dam built for the purpose of impounding water or tailings shall be
properly constructed in such manner as not to endanger life
or limb or to cause
damage to property and shall be provided with a satisfactory
spillway.
Drinking water
126.
An adequate supply of wholesome drinking water shall be provided a convenient
places around every mill and assay office, and this
supply shall be distinctly
labelled "Drinking Water".
Division 5-Opencast Workings
Undercutting
127.
In opencast workings no undercutting shall be allowed unless satisfactory
support is provided for all material undercut.
High vertical faces prohibited in alluvial and other workings unless securely timbered
128.
In opencast workings of alluvium, soil, soft rock, gravel, clay, tailings,
slimes, ashes, debris or other weak ground, no vertical
face, unless securely
timbered, shall have a height of more than 2-5
m:
Provided that an unsupported
face may be worked in terraces or at such angle of slope as may be determined by
an inspector under the
provisions of regulation
129.
(Amended by Legal Notice 95 of 1978.)
Angle of slope and height of face
129.
An inspector may determine from time to time the maximum height of face
permitted and the angle of slope to be maintained on any
opencast workings to
ensure the safety thereof, and in such case shall give notice in writing to the
manager of the maximum height
of face permitted and the angle of slope to be
maintained.
Safety helmets
130.-(1)
Except when exempted in writing by an inspector, no person shall work in any
opencast working more than 3 m deep or on stepped
faces in rock, or in trenches
more than 3 m deep unless he wears a safety helmet of a type approved by an
inspector.
(Amended by Legal Notice 95 of 1978.)
(2)
The manager shall not allow any person to work in any opencast workings unless
the wears a safety helmet in accordance with the
provisions of paragraph (1) or
has been exempted by an inspector from the provisions thereof.
Safety belts and lifelines
131.
All persons working on the face of any opencast workings in places where there
is danger of their falling shall be provided with
and use safety belts or
lifelines of a pattern approved by an
inspector:
Provided that
notwithstanding the employment of lifelines an inspector may, where he deems it
necessary for safety, require the use
of safety belts in addition to
lifelines.
Division 6-Underground Workings
Fencing of entrances to shafts, winzes, etc.
132.
Every entrance to any vertical or steeply inclined shaft, winze, sump or chutes
shall at all times be kept properly fenced by means
of barriers or
gates:
Provided that such barriers
or gates may be temporarily removed for the purpose of repairs or other
necessary operations, if proper
precautions are taken to prevent danger to
persons.
Dangerous workings to be properly secured
133.
Where the ground is not naturally safe, every shaft and every travelling road,
airway or working place, and all adits, levels, crosscuts,
stopes, winzes and
other underground passages in any mine shall be securely timbered, walled or
otherwise made secure, and kept in
safe condition so long as they are in actual
use, and a sufficient supply of suitable timber shall be at hand for immediate
use for
the purpose of making the ground safe.
Supporting roof and sides
134.-(1)
If an inspector considers that the system of props or pillars used for
supporting the roof or sides of any underground working
or passage in any mine
is inadequate he may require the manager to change the
system.
(2) Where a hanging wall
in any mine is friable all props shall be provided with headboards or with caps
between adjacent timbers.
Safety helmets to be worn underground
135.-(1)
Except when exempted in writing by an inspector, no person shall travel or work
underground in any mine unless he wears a safety
helmet of a type approved by an
inspector.
(2) The manager shall
not allow any person to remain underground in any mine unless he wears a safety
helmet in accordance with the
provisions of paragraph (1) or has been exempted
by an inspector from the provisions thereof.
Safety belts and lifelines
136.-(1)
All persons working underground in any mine in places where there is danger of
their falling shall be provided with and use safety
belts or lifelines of a
pattern approved by an
inspector:
Provided that
notwithstanding the employment of lifelines an inspector may, where he deems it
necessary for safety, require the use
of safety belts in addition to
lifelines.
Advance boreholes when approaching water or gas
137.
Where any place in any mine is likely to contain a dangerous accumulation of
water or noxious gases, unless other measures have been
authorised in writing by
an inspector, any working approaching that place shall have boreholes kept at
least 3 m in advance and such
additional precautionary measures shall be taken
as may be necessary to obviate the danger of a sudden influx of such water or
gases.
(Amended by Legal Notice 95 of 1978.)
Second outlet may be necessary
138.
Where underground workings in any mine are served by one outlet to the surface
only, and an inspector considers that a second outlet
is necessary, either for
the safety of the men employed therein or for proper ventilation, he may require
the manager to provide
another such outlet within such reasonable time as such
inspector may direct.
Division 7 - Hoisting and Ropes
Capacity of hoist not to be exceeded
139.
No hoist used in any mine shall carry any weight greater than the maximum weight
which the hoist is capable of handling as stated
in the manufacturer's
specification or as certified by a mine hoist design engineer approved by the
Director.
Adequate brakes required for hoists
140.-(1)
An adequate brake, in proper working order, shall be provided for every drum of
a hoist used in any mine, which brake shall be
so arranged that whether the
hoist is in motion or at rest it can be easily and safely manipulated by the
driver thereof.
(2) An inspector
shall at all times have the power to order or conduct a test of the efficiency
of all brakes on any hoist used in
any
mine.
(3) Lowering from an
unclutched drum of a hoist used in any mine is prohibited.
Connection between rope and conveyance
141.
The connection between the rope and shaft conveyance on every hoist used in any
mine shall be of such a nature that no accidental
disconnection can take
place.
Factor of safety
142.
No rope shall be used for winding in any shaft or winze if the factor of at any
point in such rope becomes less than -
(a) 9.5 for men or 8 for materials, where the rope is used for winding for a distance of not more than 150 m;
(b) 8 for men or 7 for materials, where the rope is used for winding for a distance of more than 150 m but not more than 300 m;
(c) 7 for men or 6 for materials, where the rope is used for winding for a distance of more than 300 m but not more than 600 m;
(d) 6 for men or 5 for materials, where the rope is used for winding for a distance of more than 600 m.
(Amended by Legal Notice 95 of 1978.)
Use of defective rope forbidden
143.
No rope shall be used for winding in any shaft or winze if-
(a) the breaking load of the rope is less than 90 per cent of the breaking load shown on the original test certificate;
(b) the number of broken wires in any section of the rope equalling a length of lay of such rope exceeds three; or
(c) marked corrosion has occurred to any portion of such rope.
Rope test certificates
144.-(1)
No rope shall be used for winding in any shaft or winze in which men travel or
are carried in a shaft conveyance, unless the
original test certificate for such
rope has been forwarded to an inspector, and at intervals of 6 months,
commencing from the date
of its first installation, the rope is tested at a
testing station and the test certificate forwarded to an
inspector.
(2) An inspector may by
notice in writing to the manager of any mine or to the holder of the mining
tenement on which such mine is
situated require him to have tested for breaking
load any rope in use for winding in any shaft or winze in such mine, and every
such
manager or holder, as the case may be, shall within one month of the
receipt of such notice have such rope tested at a testing station
and forthwith
thereafter forward the test certificate to the inspector.
Use of chains
145.
No chain shall be used for carrying men in any shaft or winze except for short
chains used to couple the shaft conveyance to the
rope, in which cases 2 single
link chains of uniform size shall be used, which chains shall each have a
breaking load not less than
8 times the weight of the load upon them, and all
such chains shall be removed and annealed at least once in every 6
months.
Guides for conveyances in shafts
146.
Subject to any written exemption granted by an inspector, all vertical shafts
exceeding 30 m in depth shall be provided with guides
for the shaft conveyance,
which guides shall be extended as near to the shaft bottom as
practicable.
(Amended by Legal Notice 95 of 1978.)
Winding prohibited during repairs
147.
Except to the extent necessary for such repairs, no winding shall be carried on
in any shaft or winze whilst repairs are being carried
out in the winding
compartment.
Materials forbidden in conveyances together with men
148.
No truck, iron, timber, tools (other than tools of trade carried in closed
receptacles) or other materials shall, except when the
shaft is being repaired,
be carried in any shaft conveyance in which men are also being
carried.
Securing materials during winding
149.
When tools, wood or other materials are to be carried in any shaft conveyance,
the ends, if projecting above the top of the conveyance,
shall be securely
fastened to the rope or the bow.
Shaft signals required
150.
(1) Every shaft or winze exceeding 30 m
in depth which is used for winding by mechanical power shall have an efficient
means of signalling
whereby men engaged in sinking or in shaft inspections or
repairs may signal effectively from any depth in the shaft to the hoist
driver
and shall be equipped with some efficient means of interchanging distinct and
definite signals between the hoistroom, the
surface and all shaft stations in
use.
(Amended by Legal Notice 95 of 1978.)
(2)
Only persons duly authorised by the manager or mine foreman may give any signal,
other than the accident signal.
Code of signals
151.-(1)
In winding, the following signals shall be used:-
Knocks or rings
1-Raise, when hoist is a rest;
1-Stop, when hoist is in motion;
2-Lower;
3-Change gear;
4-Men about to enter or leave a shaft conveyance;
4-In reply, men may enter or leave a shaft conveyance;
5-Danger signal;
6-Caution, move slowly;
8-All clear;
12-Accident signal - followed by the signal for the level on which the accident has occurred.
(2)
After the danger signal has been given, if it should be necessary to move the
shaft conveyance in order to remove the danger,
all movements of the hoist shall
be made slowly and carefully until the all clear signal has been
given.
(3) Where men are about to
enter or leave a shaft conveyance the braceman or cageman shall not open the
gate until he has received
the reply signal from the hoist
driver.
(4) The hoist driver shall
in every case, except for the "Stop" signal, ring back before acting on any
signal.
(5) The hoist driver shall
not act on any signal if he is not sure of its meaning or if he has been unable
to do so within 60 seconds
after receiving it but shall await a fresh
signal.
Special signals
152.
Special signals in addition to the above may be used at any mine provided that
they are easily distinguishable by their sound or
otherwise from the foregoing
code and do not interfere with it in any way.
Code of signals to be posted
153.
The code of signals used at a mine shall be painted on a board or enamelled
plate, in the form of a distinctly legible notice in
English, Fijian and
Hindustani, and shall be posted up in the hoistroom, at the surface, and at all
shaft stations in use.
Appointment of hoist drivers
154.-(1)
No person under the age of 18 years shall be permitted to have charge of a hoist
of any kind.
(2) No person shall
have charge of a hoist which is used for carrying men or is used in a shaft in
which men may be travelling unless
he holds a Hoist Driver's Certificate issued
by an inspector under the provisions of regulation
155.
(3)
On the appointment of any person as a hoist driver at any mine the manager shall
make a written entry of such appointment in the
hoist log book.
Hoist Driver's Certificate. Form 26
155.-(1)
Application for a Hoist Driver's Certificate may be made to an inspector in Form
26 and shall be accompanied by the fee prescribed
in the Second Schedule
together with a medical certificate by a registered medical practitioner or
Government medical officer to
the effect that the applicant is physically fit to
carry out the duties of a hoist driver, and such inspector shall, if satisfied
after such written or oral examination of the applicant as he considers
necessary, that such applicant -
(a) has attained he age of 21 years;
(b) has had adequate experience in the operation of a re-reversing hoist; and
(c) is fully conversant with the provisions of this Division of this Part, issue such applicant with a Hoist Driver's Certificate in Form 27 and shall enter, or cause to be entered, the full particulars thereof in a book to be known as the "Register of Hoist Driver's Certificates", to be kept at the office of the Mines Department in Suva.
(Form 27)
(2)
A Hoist Driver's Certificate shall, unless previously suspended under the
provisions of paragraph (3) or cancelled under the provisions
of paragraph (4),
remain in force for a period of 2 years from the date f issue thereof, and may,
on application being made to an
inspector, accompanied by the fee prescribed in
the Second Schedule together with a medical certificate by a registered medical
practitioner
or Government medical officer to the effect that the applicant is
physically fit to carry out the duties of a hoist driver, and subject
to the
applicant undergoing to the satisfaction of such inspector such further written
or oral examination as the inspector considers
necessary, be extended for
further periods not exceeding 2 years on each
occasion.
(3) At any time during
the currency of any Hoist Driver's Certificate any Hoist Certificate an
inspector may require the holder of
such certificate to undergo such further
medical examination as such inspector may consider necessary or advisable and
may suspend
any such certificate until satisfied on the certificate of a
registered medical practitioner or Government medical officer that the
holder of
such Hoist Driver's Certificate is physically fit to carry out the duties of a
hoist driver.
(4) If, at any time
during the currency of any Hoist Driver's Certificate, the Director becomes
satisfied that the holder thereof
is not, by reason of physical or mental
infirmity or incompetence, a fit and proper person to hold such certificate the
Director
may cancel the same and such cancellation shall be sufficiently
notified by written notice to that effect being sent to the holder
of such
certificate at his last known place of address and by publication in the
Gazette.
Hours during which hoist drivers to be on duty
156.-(1)
A hoist driver shall be on duty at every hoist during the whole time that any
person who is expected to be carried by such hoist
is underground in the
mine.
(2) Save in exceptional
circumstances or where it is necessary by virtue of a normal change of shift no
hoist driver engaged in winding
men shall be employed for more than one shift in
24 hours and no such shift shall exceed 8½ hours.
Permission required to use hoist for carrying persons
157.-(1)
No hoist shall be used for carrying persons without the permission in writing of
an inspector. Every such permit shall state
the maximum number of persons that
may be carried by such hoist at any one time and the maximum speed of winding,
and under no circumstances
shall the speed of winding or the number of persons
carried in any hoist be in excess of that specified in such permit. A notice
specifying the maximum number of persons that may be carried by such hoist at
one time shall be posted at all places where the code
of signals is
posted.
(2) Permission shall not
be granted under the provisions of paragraph (1) unless all of the applicable
provisions of this Division
of this Part have been complied with, and every such
permit shall be subject to the following additional conditions:-
(a) by actual test it shall be proved to the satisfaction of the inspector that -
(i) the hoist running a various speeds with light and heavy loads can be readily retarded and stopped, and after stopping can be immediately started again in either direction;
(ii) each drum, unclutched from the hoist, can be maintained, by the unaided effort of its own brake or brakes, in a position of rest without slipping when bearing double the authorised load of the shaft conveyance. (In estimating the authorised load 75 kg weight shall be allotted for each person);
(iii) in the case of a hoist where no part of the rope is rigidly fixed to the drum, there shall be no slipping of the rope on the drum under any possible working condition;
(b) the shaft conveyance may travel 7.5 m past its highest and lowest passenger landing places without striking any obstruction;
(c) the ropes shall be made of steel of the best quality and manufacture, free from any defect and the wires used in the construction of the ropes shall be of sizes suitable for use with the sheaves and drums fitted, and at least one spare rope shall always be kept in reserve ready for use;
(d) ropes newly put on, and the connections between the rope and the shaft conveyance, shall be carefully examined and properly tested as to their working strength by a competent person authorised by the manager, and shall be used for carrying persons only after having run 2 complete trips up and down the working portion of the shaft with the shaft conveyance loaded to the full authorised extent (the result of the above examination shall be immediately recorded in the hoist log book);
(e) shaft conveyances, except buckets used in shaft sinking, shall have a proper roof or cover and shall have proper safety catches;
(f) the weight of the shaft conveyance and the weight of all attachments shall be certified by the maker and shown on the shaft conveyance in such a position that it may be readily accessible for reading;
(g) there shall be on the drum of the hoist such flanges or horns, and also, if the drum is conical or spiral, such other appliances as may be sufficient to prevent the rope from slipping laterally;
(h) there shall be not less than 3 rounds of rope upon the drum when the shaft conveyance is at the lowest point of the shaft; and when this is applicable, the end of the rope shall be properly fastened round an arm or the shaft of the drum;
(i) if considered necessary by an inspector, every such hoist shall be provided with a reliable depth indicator in addition to any marks on the rope, which will, in shafts exceeding 90 m in depth, ring a bell in the hoist room when the conveyance is 18 m from the top landing place;
(j) a reliable speed indicator shall be attached to the hoist if considered necessary by an inspector;
(k) a suitable automatic device to prevent overwinding of the shaft conveyance shall be fitted:
Provided that, if the hoist cannot be fitted with such an automatic device, the shaft conveyance, when persons are being carried, shall not travel at a speed exceeding 60 m per minute when the shaft conveyance is within 30 m of the surface or bottom, nor 150 m per minute in any other part of the shaft.
(Amended by Legal Notice 95 of 1978.)
Automatic brakes
158.
All electrically driven hoists which are used for carrying persons shall be
fitted with mechanically operated brakes which shall
be so installed that
-
(a) the brakes shall, on failure of the power supply, be applied automatically by mechanical means, preferably gravity, and shall in no case be operated by an auxiliary electric current;
(b) in case of a heavy overload, such as would be caused by the shaft conveyance leaving the rails or becoming jammed in the shaft, a circuit breaker will cut off the power and thus apply the brakes automatically;
(c) a suitable overwind device, which can be set to engage the shaft conveyance at any point in the headframe, will cut off the power in case of an overwind past this point, and thus apply the brakes automatically:
Provided that with the consent of an inspector some other form of satisfactory and dependable overwind device may be fitted in lieu thereof.
Conditions to be observed where carrying persons is permitted
159.
Where the use of a hoist for carrying
persons is permitted, the following conditions shall be
observed:-
(a) a competent person, authorised by the manager, and whose name is registered in the hoist log book shall carefully examine-
(i) at least once a day, the aerial gear, the rope and its connections to the shaft conveyance and to the drum, the brakes, overwind devices, depth indicators, the shaft conveyance and its safety catches, the sheaves and every external part of the hoist upon the proper working of which safety depends;
(ii) at least once a week, the guides or rails and the winding compartments generally, the signalling apparatus and the external parts of the hoist;
(iii) at least once a month, the structure of the rope for the purpose of discovering the amount of deterioration (for the purpose of this examination the rope must be carefully cleaned at the connections and at intervals along its length);
(iv) at least once a month, the operating efficiency of the safety catches. For this purpose a drop test shall be conducted on all shaft conveyances;
(v) at least once a year, the hoist as to the working condition of the internal parts;
(b) a report of the result of every such examination shall be recorded without delay in the hoist log book and shall be signed by the person who made the inspection, and should, as a result of such examination, any weakness or defect be discovered, the weakness or defect shall be reported immediately to the manager and remedied, and no person shall be carried by the hoist until the defect is made good;
(c) special instructions shall be issued by the manager forbidding access to knocker lines to any persons other than those in charge of them, and care shall be taken to guard against the knocker lines being accidentally put into operation;
(d) no person shall be carried or order or permit any other person to be carried on the top of a cage or on the side, bow, rim, bail or carriage of any cage, skip, bucket, truck or other shaft conveyance, or on the top of a loaded, or in a partially loaded, skip, bucket, truck or other similar conveyance:
Provided that men engaged in sinking operations or shaft repairs or a shaft examination may ride on the top of an unloaded or partially loaded cage, skip or bucket if this is necessary for their duties;
(e) no person travelling in a shaft conveyance shall change his position therein whilst the conveyance is in motion;
(f) after any stoppage of winding for repairs or for any other purpose exceeding 2 hours' duration each shaft conveyance, before any person is carried therein, shall be run at least one complete rip up and down the working portion of the shaft with a view to ensuring that every thing is in good working order;
(g) when persons are carried the hoist driver shall take care that shocks in starting, running and stopping are avoided and that the shaft conveyance is brought gently to rest at landing places;
(h) no person shall speak to or in any way distract the attention of the hoist driver whilst the hoist is in motion.
Protection at mouth of shaft during sinking
160.
The mouth of every shaft in the course of sinking shall be protected by doors
fixed below the head gear in such a position as will
prevent material falling
down the shaft, or every such shaft shall be provided with a trolley to run over
the shaft's mouth and receive
the load when brought to the surface. Such trolley
shall be large enough to cover the opening at the shaft top.
Blasting signals in shaft sinking
161.-(1)
Where a hoist is used in the course of shaft sinking, the manager shall see that
the hoist driver is notified of a pre-arranged
signal indicating that blasting
is about to take place.
(2) On
receipt of such pre-arranged signal, the hoist driver shall raise the bucket not
less than 3 m and lower it again as an acknowledgement
that he is ready to act
immediately on the receipt of the final signal to raise the men employed in
blasting.
(Amended by Legal Notice 95 of 1978.)
Filling of bucket
162.
In shaft sinking the bucket or other receptacle shall not be filled above the
level of the brim; and before it leaves the top or
bottom of the shaft or winze,
it shall be steadied by one of the men at the top or bottom, as the case may
be.
Bucket to be stopped before reaching bottom
163.
The bucket or other receptacle shall not be directly lowered to the bottom of
the shaft when men are there present, but shall be
stopped at leas 4.5 m above
the bottom until the signal to lower further has been given by one of the men at
the bottom.
(Amended by Legal Notice 95 of 1978.)
Protection of workmen in shaft sinking
164.-(1)
In shaft sinking where there is no separate ladder way under which the men may
find shelter during the winding of rock, materials
or water, sufficient
protection shall be provided by a suitable
covering.
(2) Whilst winding,
other than for the purposes of shaft sinking, is going on, men employed at the
bottom of the shaft shall be securely
protected by a cover of
overhead.
Safety measures in the case of underground tramways
165.-(1)
In all underground tramways where men are allowed to travel, places of refuge
(manholes) to give at least 600 mm clearance between
the moving trucks and the
wall shall be provided at intervals of not more than 15 m and every such place
of refuge shall be kept
clear at all times.
(Amended by Legal Notice 95 of 1978.)
(2)
Where the track of an underground tramway is inclined at more than 4 degrees but
not more than 14½ degrees and the trucks
are attached to a moving rope, the
track and equipment shall be known as an "inclined haulage" and the following
special conditions
shall apply:-
(a) the haulage mechanism shall be fitted with efficient and satisfactory braking devices;
(b) the tracks shall be fitted with satisfactory runaway rip devices;
(c) the opening through which the haulage travels shall not be used as a travelling way for men;
(d) there shall be provided adequate protection from trucks running out of control for men working at or operating such inclined haulage;
(e) the trucks shall be attached to the rope by a device approved by an inspector.
Hoist log books
166.-(1)
At every hoist room there shall be kept a hoist log book in which shall be
entered the following particulars:-
(a) the names of all persons authorised to drive the hoist;
(b) the name of a competent person authorised to carry out the examinations referred to in regulation 159;
(c) a daily report by each hoist driver on the condition and operation of the hoist;
(d) a report of the fitting or refitting of the rope and the result of the test run carried out thereafter;
(e) reports of the daily, weekly, monthly and yearly inspections;
(f) reports of drop tests carried out on the shaft conveyances;
(g) reports of all stoppages exceeding 2 hours duration, the reason therefore and the result of the test run conducted thereafter; and
(h) a report of any other matter affecting the safe operation of the hoist or the safety of persons carried by it.
(2)
The hoist log book shall be available for examination by an inspector at all
times.
Division 8-Travelling-ways and Ladderways
Ladders and ways of exit
167.
Every manager of any mine shall provide and maintain to the satisfaction of an
inspector, such ladder or other ways at such mine
as will furnish effectual
means of exit from all underground workings without the assistance of the
hoist.
Permanent Ladderways
168.
At every mine where a shaft affords the regular means of ingress and egress such
shaft shall be fitted with a proper and permanent
ladderway approved by an
inspector.
Travelling-ways in shafts to be partitioned or securely fenced
169.
In all vertical or steeply inclined shafts where any compartment is used
regularly as a foot travelling-way it shall be securely
partitioned from the
other compartments, and in all other shafts all foot travelling-ways shall be
adequately trailed so as to prevent
any person from falling into the winding
compartment:
Provided that when a
shaft is in course of sinking no partition shall be required to be installed
between the lowest working level
and the shaft bottom.
Platforms to be provided in ladderways
170.
In permanent ladderways which have an inclination of more than 70 degrees from
the horizontal and which form a main means of exit
from the workings or a
permanent travelling-way between levels, platforms (resting places) shall be
fixed at intervals of not more
than 9m apart.
(Amended by Legal Notice 95 of 1978.)
Construction of mine ladders
171.
Every ladder used in any mine shall be-
(a) of strong construction and, with the exception of any chain ladders used in any rise or required to be used at the bottom of any ladderway under the provisions of regulation 174, the staves shall be bolted together at not less than 2 places and the distance between the centres of the rungs shall be not greater than 300 mm nor less than 250 mm;
Provided that, in the case of small mines, an inspector may give written permission for the use of ladders with rungs set in notches in the staves and nailed to the staves, subject to such conditions as he may think fit;
(b) securely fastened to the timbering or walls of the shaft, winze or stope, but, except in the case of a chain ladder, so that in no case is any rung closer than 100 mm to the wall or to any timber underneath the ladder.
(Amended by Legal Notice 95 of 1978.)
Fixing of ladders
172.-(1)
Every ladder used in any mine shall be so fixed that it covers any lower
manhole:
Provided that this shall
not apply to ladders installed in exploratory winzes or in manways in stopes
where the width is not sufficient
to allow ladders to be fixed at a slope
sufficient to cover any lower
manhole.
(2) No ladder in use in
any mine may be fixed in an overhanging
position.
(3) Every ladder used in
any shaft or winze shall project at least 0.9 m above the collar of the shaft or
winze and above every platform
therein, except where strong handrails are fixed
at such places.
(Amended by Legal Notice 95 of 1978.)
Carrying tools, etc., in ladderway prohibited
173.
No tools or any loose materials may be carried up or down any ladderway in any
vertical or steeply inclined shaft or winze except
where absolutely necessary
for the normal operations of the mine or for the purpose of rendering aid to
injured persons or rendering
safe any danger.
Ladders in shaft sinking
174.
Where a shaft is in course of sinking the fixed ladderway shall finish
sufficiently far from the shaft bottom to be secure from damage
from blasting,
and a chain ladder shall extend from the lower end of such ladderway to the
bottom of the shaft at all times while
men are at the bottom.
Division 9-Ventilation and lighting
Underground working to be properly ventilated
175.
All parts of every underground working in any mine shall be properly and
sufficiently ventilated to the satisfaction of an inspector.
Disused workings to be examined before being again used
176.
Underground workings, especially shaft s, sumps and winzes, which have not been
in use for more than 7 days, shall be tested with
a candle flame which shall
burn strongly therein before they are used again, in order to ascertain whether
or not any foul air or
other dangerous gases have accumulated therein, and,
until such places have been so tested and are found free of foul air or other
dangerous gases, no person other than the person carrying out such test shall be
allowed to enter therein.
Working in foul air forbidden
177.
No person shall work or remain, or be permitted or ordered to work or remain, in
any place in a mine if any foul air or other dangerous
gases are perceptible by
sight, smell or other senses.
Water blast to be provided in certain circumstances
178.
Where an inspector considers it to be necessary for the abatement of dust, a
water blast shall be provided at all such working places
in any mine as he may
specify.
Machine drilling
179.-(1)
Except in the case of popholing, no dry machine drilling shall be carried out
either at the surface of, or underground in, any
mine without the written
permission of an inspector.
(2)
Auxiliary ventilation equipment shall be provided and shall be used in all
development ends where machine drilling is carried
out.
Adequate stationary lights to be provided
180.
Adequate stationary lights shall be provided during working hours at all shaft
stations in use in any mine and a night at all working
places on the surface of
any mine.
Machinery to be illuminated
181.
All places where winding, driving, pumping or other machinery is erected, and in
proximity to which persons are working or moving
about at any mine, shall be so
lighted that whilst such machinery is in operation its external moving parts can
be clearly distinguished.
Moving without a light prohibited
182.
No person shall move about or work in any uniluminated part of a mine without a
light.
Division 10-Machinery
Boilers, etc., to be in good condition
183.
All boilers, engines, brakes, ropes,
winding gear and other mechanical appliances in use at any mine shall be kept in
good condition
and repair.
Exposed machinery to be fenced
184.
All exposed machinery at any mine, which when in operation may be dangerous to
persons, shall be securely fenced so that no person
can inadvertently come into
contact with it, and efficient guards shall be provided to the satisfaction of
an inspector to all such
parts of any such machinery as may in his opinion be a
source of possible danger to any person.
Loose clothing
185.
No person wearing any loose outer clothing shall be employed in the operation
of, or permitted to work in the vicinity of, any machinery
whilst such machinery
is in operation.
No repairing, oiling, etc., to be done under risk
186.-(1)
The repairing, adjusting, cleaning or lubricating of machinery shall not be
carried out whilst such machinery is in operation
where there is any risk of
personal injury to any person.
(2)
All machinery requiring to be lubricated whilst in operation shall wherever
practicable be fitted with automatic lubricating devices.
Friction clutches or similar contrivances to be provided
187.-(1)
Belt-driven machinery, which it is necessary to start or stop without
interfering with the speed of the prime mover, shall be
permanently fitted with
a satisfactory mechanical appliance for that
purpose.
(2) With the exception of
the customary shifting of light belts on the coned pulleys of machine tools for
the purpose of altering
the working speed, the shipping and unshipping of
driving belts shall not be carried out without the use of a belt shipper whilst
the machinery is in operation.
Gauges and safety valves
188.
All vessels, other than portable gas cylinders, used at any mine for receiving
or storing air or gas at a higher pressure than that
of the atmosphere shall be
fitted with-
(a) a gauge or other device for showing accurately at all times the pressure of the air or gas contained in such vessel;
(b) a relief or safety valve or other device capable of preventing any undue accumulation of pressure above the safe working limit of the vessel.
Compressed air receivers to be tested
189.
Every manager shall ensure that all compressed air receivers used in any mine or
part thereof under his charge are tested at intervals
not exceeding 3 years by
hydraulic pressure to the extent of one and one-third times the working
pressure, and shall keep a written
record of such tests, signed by the person
conducting them, and shall submit all such records for inspection by an
inspector.
Use of compressed air apparatus
190.-(1)
All compressed air receivers and intercoolers, and their connections to air
cylinders, shall be kept clean and free from carbonized
oil or other material
liable to ignition.
(2) The supply
of air for air-compressors shall be drawn from as pure and cool a source as
possible.
Dangerous places to be fenced
191.
All places in and about a mine which from their nature are likely to be
dangerous to persons working or travelling about the mine
shall be properly
fenced and in particular all elevated platforms and gangways shall be so
fenced.
No admittance permitted to places where machinery or boilers are housed
192.
No unauthorised person shall be permitted to enter any place in the vicinity of
machinery or boilers at any mine, and notices to
this effect shall be posted at
all entrances to the places where such machinery or boilers are
housed.
Division 11 - Explosives
Explosives Regulations to apply with certain modifications
193.
Subject to the following provisions of this Division of this Part, the
Explosives Regulations made under the provisions of the Explosives
Act shall
apply to all mining
operations.
(Cap.
189.)
Distributing magazine
194.-(1)
Notwithstanding the provisions of the Explosives Regulations, a quantity of
explosive not exceeding that which is reasonably
sufficient for use during the
following 6 consecutive days may be stored in a distributing magazine in any
mine or any part thereof
for distribution to the
workings:
Provided that the
manager shall, before using a distributing magazine, notify an inspector of the
place of storage, the period during
which it is to be used for this purpose, the
type and quantity of explosive to be stored therein and any other information
relating
to such distributing magazine that may be required by the inspector,
and shall obtain the inspector's permission before using such
distributing
magazine for the storage of
explosive.
(2) A distributing
magazine may be-
(a) a drive, tunnel or other excavation. The passage connecting such distributing magazine with the workings or travelling-ways shall describe in its course at least one right angle, and such distributing magazine shall be situated not less than 9 m away from any working place or travelling-way. If, in the opinion of an inspector, owing to the nature of the country and the quantity of explosives to be stored this distance is too short, it shall be increased to such distance as the inspector shall specify; or
(b) where the quantity of explosives to be stored does not exceed 45 kg of dynamite or 100 detonators, a stout wooden box with sides, bottom and top at least 50 mm thick and with the cover acting as a door, which box shall be kept closed and securely locked, and shall be securely fastened in place.
(Amended by Legal Notice 95 of 1978.)
(3)
No explosive shall be stored in a distributing magazine unless it shall have
been issued from a licensed magazine at the mine
and conveyed directly from such
magazine to the distributing
magazine.
(4) Where the location
and structure of a distributing magazine is such that unauthorised entry might
be possible, the contents shall
be removed from the magazine when the workmen
leave the vicinity.
Restriction on transport of explosives in shaft conveyances
195.-(1)
No person shall place in, or take out of, any shaft conveyance, any explosive
except under the immediate supervision of a person
authorised by the manager,
mine foreman or shift boss for that
purpose.
(2) Before any explosive
is carried in any shaft conveyance, the person in charge of such operation shall
give, or cause to be given,
notice thereof to the person or persons in charge of
the cage and to the hoist
driver.
(3) No other materials
shall be carried with any explosive in any shaft conveyance.
Division 12-Electrical Apparatus and Wiring
Surface installations
96.
-(1) The installation of electrical apparatus and wiring and the use of
electricity on the surface of any mine shall be in accordance
with the
provisions of any Act for the time being in force relating to the supply and use
of electricity.
(2) An inspector
may examine any such installation at any time and if any apparatus or wiring
appears to be defective he shall report
thereon to the appropriate
authority.
Underground installations
197.
Subject to the provisions of the following regulations contained in this
Division of this Part, all regulations which apply to the
installation of
electrical apparatus and wiring and the use of electricity on the surface of any
mine shall apply also to the installation
of electrical apparatus and the use of
electricity under ground in any mine.
Control of underground feeders
198.
Where electrical energy is taken underground, provision shall be made so that
the current can be cut off on the surface by a control
device which shall
operate automatically to prevent the transmission of excess current and which
shall have an operating current
rating not in excess of the current rating of
the feeder which it controls. Every such control device shall be located in a
position
accessible only to authorised persons and, if not located in a supply
station, shall be in a separate room or screened-off enclosure.
Test certificate necessary
199.
All cables installed for the transmission of power underground at a potential in
excess of 660 volts shall be accompanied by the
manufacturer's certified report
of insulation tests, a copy of which shall be kept by the
manager.
Rating of underground cables and control devices
200.-(1)
All cables transmitting power underground at a potential exceeding 660 volts
shall have a voltage rating of 50 per cent higher
than the normal operating
voltage.
(2 ) All control devices
designed to afford short-circuit protection on underground circuits of a
potential exceeding 660 volts shall
have a voltage rating of 50 per cent higher
than the normal operating voltage.
Voltage of signal systems
20l.
The operating voltage of all underground signal systems shall not exceed 150
volts to earth. One conductor of the two-wire signal
circuit shall be grounded
where the power supply is obtained from a transformer having a primary voltage
in excess of 660 volts:
Provided
that the signal system may be operated with both conductors ungrounded where the
supply is from a transformer having a primary
voltage in excess of 660 volts, if
an insulating transformer having a one-to-one ratio is installed between the
supply and the signal
system.
Power conductors
202.-(1)
Conductors for all underground circuits not exceeding 150 volts to earth shall
either be installed in standard conduits or armoured
or non-inflammable casings,
or securely tied to suitable insulators so that they do not touch any timbering
or metal. On no account
shall staples be used. Open-type wiring shall not be
used in timbered shafts or winzes except in cases of extreme
emergency.
(2) All fixed
conductors transmitting power underground in excess of 150 volts to earth shall
be armoured or enclosed in standard
conduit and substantially
supported.
Earthing of casings
203.
The armouring or casings of all underground cables shall be bonded together so
as to be electrically continuous and shall be connected
at some point or points
to a satisfactory earth on the surface.
Earthing of equipment
204.
Where the armouring or casings of cables do not provide an adequate earthing
system for underground electrical equipment, a copper
or other non-corrosive
grounding conduct or of adequate size shall be run from such equipment to a
satisfactory earth on the surface.
Room or junction box
205.
At all underground stations where any cable transmitting power at a potential
exceeding 660 volts leaves any shaft, a room or junction
box shall be provided
into which such cable shall be run.
Junction or joint boxes
206.
Junction boxes on any cable transmitting power at a potential exceeding 660
volts shall not be located in any shaft or winze or attached
to any timbers at a
shaft or winze station or in a headframe, and all join boxes for cable extension
in a shaft or winze shall be
of a type approved by an inspector.
Fire prevention about electrical installations
207.
The bases of electric motors, transformers, starting equipment and other
electrical apparatus underground, and the compartments in
which they are
installed, shall be of such material and constructed in such manner as to reduce
fire hazards to a minimum, and no
inflammable material shall be stored or placed
in the same compartment with any such equipment or apparatus.
Fire protection
208.
Approved fire extinguishing devices for use on electrical fires shall be
provided conveniently mounted at or in every place underground
containing
electrical apparatus having inflammable insulation or parts which, once ignited,
can support combustion, and shall be
maintained at all times in good condition
and ready for use.
Transformers, type and location
209.
The type and location of transformers installed underground shall be subject to
the approval of an inspector.
Transformers and transformer rooms
210.-(1)
All transformers having a capacity of more than two kilowatts shall, unless a
dry type or insulated with non-inflammable di-electric
liquids, when installed
underground be effectively isolated from the mine workings by enclosure in rooms
constructed of fireproof
materials throughout with a door sill of not less than
150 mm in height.
(Amended by Legal Notice 95 of 1978.)
(2)
No material or equipment of any kind, including air lines, air ducts, water or
steam lines, other than that essential to the transformer
installation or its
proper operation and safety, shall pass through or terminate within any such
room.
(3) No underground
transformer station shall be located within 30 m of any explosive
storage.
(Amended by Legal Notice 95 of 1978.)
Protection of signal and telephone wires
211.
Adequate precautions shall be taken to prevent any underground electrical signal
or telephone wires, whether insulated or not, from
coming into contact with
other electrical conductors.
Division 13-Miscellaneous
First aid kit
212.
At every mine and at every part of a mine under the charge of a separate manager
and at every place where mining or prospecting operations
are in progress
(including operations being carried out under any prospector's right or
prospecting licence), there shall be immediately
available for use such quantity
of first aid equipment as is prescribed in the Schedule to the Employment
Regulations, for the number
of persons employed in such mine or part thereof or
in such prospecting operations.
Ambulance stations
213.
Ambulance stations shall be maintained at such points in such mines as the
Director shall direct, which ambulance stations shall
be equipped with the firs
aid equipment required under the provisions of regulation
212
together with such additional equipment, including resuscitation apparatus,
stretchers and other specified equipment as the Director
shall
direct.
Training of rescue teams and of persons in first aid
214.
The manager of every mine or part thereof shall cause such number of employees,
as may be reasonably required by an inspector, to
be trained in the use and
maintenance of rescue and resuscitation apparatus and first aid
equipment.
Hospital and nursing facilities
215.
The holder of every mining tenement on which any mine is situated shall provide
and keep at each mine situated thereon such drugs,
medicaments, medical and,
surgical appliances and equipment, instruments and medical comforts, and shall
provide such housing and
nursing attendance, as the Permanent Secretary for
Health may consider reasonable or necessary for the proper medical care of all
persons employed at the mine.
Manager responsible for sanitation
216.
The manager of every mine or part thereof shall be responsible for keeping the
mine or works under his charge in a state of good
sanitation and shall provide
such latrine accommodation and disinfectants as may be required by an
inspector.
Drinking water
217.
An adequate supply of wholesome drinking water shall be provided at convenient
places around every mine.
Drying and changing facilities
218.
The holder of every mining tenement on which any mine is situated shall provide
such facilities for the drying and changing of clothes
by the persons employed
at all mines situated thereon as may be required by an inspector.
Housing
219.
Where housing accommodation is provided at any mine the holder of the mining
tenement on which such mine is situated shall be responsible
for ensuring that
it meets reasonable standards and he shall make such alterations and carry out
such repairs as may be required
by an inspector.
Each working place to be visited once a shift
220.-(1)
The manager, the mine foreman or some person (other than the shift boss) deputed
by the manager for that purpose shall visit
each working place at which men are
working at least once every second day and shall see that safety is assured in
every respect.
(2) The shift boss
shall visit each working place at which men are working at least once in every
shift and shall see that safety
is assured in every respect.
Responsibility regarding dangerous conditions
221.
If any shift boss or miner has reason to believe that any part of a mine is in a
dangerous condition, he shall at once inform the
manager or mine foreman who
shall take all reasonable steps to prevent danger therefrom to any person. Such
shift boss or miner shall
also inform any other shift boss or miner whose duty
it is to relieve him.
Employees responsible for obeying safety rules
222.
Every employee in any mine shall be responsible for observing such directions
with respect to working as may be given him with a
view to complying with these
Regulations or the rules of the mine or with a view to safety.
Manager responsible for non-compliance
223.
In the event of any contravention of, or non-compliance with, any of the
regulations contained in this Part, or of any regulations
made under the
provisions of the Explosives Act relating to the handling, storage or use of
explosives, by any person whomsoever
being proved, the manager shall also be
deemed guilty of an offence, unless he proves that he has taken all reasonable
means by publishing,
and to the best of his power, enforcing them to prevent any
such contravention or
non-compliance.
(Cap.
189.)
Power to waive or suspend regulations in certain cases
224.
If, in the opinion of an inspector, the observance of any of the regulations
contained in this Part is not reasonably practicable
in any particular mine, he
may, by notice in writing to the manager of such mine, waive or suspend the
application of any of such
regulations to such mine or any part thereof for such
period and in such manner and subject to such conditions as he considers
appropriate
to the circumstances of each particular case.
_________
FIRST
SCHEDULE
(Regulation
3)
FORM 1
_________
MINING
ACT
(Regulation
16)
__________
APPLICATION
FOR A MINING TENEMENT (PROSPECTING LICENCE, PERMIT TO MINE, MINING LEASE,
SPECIAL SITE RIGHT, ROAD ACCESS LICENCE)
(delete as necessary)
This form may be used for
special prospecting licence and special mining
lease.
To the Director of
Mines.
Date and hour of receipt at
the Mines
Department.....................................................................
..........................................................
Signature of Receiving Officer
|
1. Name/s of
applicant/s
|
Place
of residence
|
Share
|
Signature/s or seal of
company
|
|
|
|
|
|
2. Name of accredited
agent, if
any.....................................................................................
3.
Address in Fiji at which notices may be
served...............................................................
4.
Number of applicant's or agent's prospector's
right..........................................................
*5.
Date of erection of
beacons...........................................................................................
......................................................................................................................................................
*6.
Name/s of person/s erecting beacons and number/s of prospector's
right/s.....................
(*
Not applicable where Director has waived pegging
requirements)
7. Approximate area in
acres..............................................................................................
8.
Mineral/s to be prospected/mined or number of prospecting licence/permit to
mine/mining lease in respect of which a special site
right or road access
licence is required (delete as
necessary).....................................................................................................................
9.
Statement of geographical position of the area and its position in relation to
some town, village, river junction or trigonometrical
station which is shown on
a map of the district in which the area is situated.
Tikina...............................................................................................................................
Province ..................................................................................................................
Datum post situated ........................................ chains for................................... degrees from .................................................................................................................................
being a fixed point.
10.
Date of latest notices to land owners of intention to enter for purpose of
prospecting or pegging
........................................................................................................................................
11.
Are you in a position to comply with section
16
of the Act as regards a
deposit?................
If so, state
whether by cash payment or banker's guarantee
..........................................
..................................................................................................................
12.
Signature of witness, if any, to erection of datum post and other beacons. (As a
safeguard in case of disputes it is desirable
to have a reliable witness to the
erection of beacons.)
Name................................................................................................................................
Address.............................................................................................................................
Signature..................................................................................................................
13.
Name of person who will be resident on the area if the application is granted
(not applicable in case of application for special
site right or road access
licence).....................
......................................................................................................................................................
14.
Purpose for which special site right is required. Give full details. (Applicable
in case of application for a special site right
only).......................................................................................
15.
Length of term
desired..................................................................................................
16.
Name by which area is o be
known..................................................................
*I hereby certify that beacons have been erected and directional trenches have been cut by .................................................... in accordance with the provisions of the Mining Regulations, and that such beacons are placed on the marks as shown by the letters .......................................... on the plan attached, which plan signed by me shows the area for which I am applying. I agree that in the event of the area marked on the ground being proved to differ from the area shown on the said plan, then such adjustment of the area (or amendment of the plan) as shall be required by the Director shall be made at my expense.
(* Not applicable where Director has waived pegging requirements)
Fees paid herewith-
Filing Fee $
Preparation fee $
Survey fee deposit $
Damage deposit $
Prospecting licence fee for................................ years $
First half year's rent for..................................................
P.M. or M.L. or S.S.R. or R.A.L.
I attach, signed by me -
(a) A tracing from the larges practical Government plan showing the position of the area and the boundaries thereof.
(b) Except in the case of prospecting licence, a diagram showing the approximate position of all roads, paths, fences, buildings, crops or other improvements within the boundaries or within 100 feet of the area applied for.
(c) In the case of permit to mine and mining leases a diagram showing the area of surface which it is desired to occupy and the use for the purposes of mining.
Dated at ............... this ....... day of ....................., 19.....
...............................................
Signature of applicant or agent
___________
FORM 2
MINING
ACT
(Regulation
19)
____________
NOTICE OF APPLICATION FOR
A
(a).................................................................................
NOTICE
is hereby given that
(b)...............................................................................................
.............................................................................................................................................................................................................................................................................................................................................
of
(c)
...........................................................................................................................................
has
made application for the issue of a
(a).................................................................................
under
the provisions of the Mining Act, over that piece of land
containing..........................
acres
more or less in the tikina of
..............................................................................................
province
of
.................................................................................................................................
Name
of area
..............................................................................................................................
Distance
and bearing of datum post for fixed point
(d)
.......................................................
..........................................................................
degree
for...............................................
chains.
All bearings are
(e)
........................................................................................................
Boundaries
of the area are as follows:-
Commencing at datum post and
running ....................... degrees for .................... chains to No. 1 corner post thence ......................... degrees for ...................... chains to No. 2 corner post thence......................... degrees for ....................... chains to No. 3 corner post thence ........................ degrees for ....................... chains to No. corner post
thence ..................................................................................................................
..........................................................................................................................................................................................
thence returning by a straight line to the datum post.
Objections
against this application must be lodged with the Director of Mines before the
lapse of 30 days from the date of publication
of the later advertisement in the
Gazette and in one newspaper published and circulating in
Fiji.
Dated at Suva this
............... day of ............, 19....
...............................................
for Director of Mines
(a)
Insert type of mining
tenement.
(b)
Full name/s of applicant/s with father's name for Indian
applicant.
(c)
Full postal
address.
(d)
Name of trigonometrical station, N.L.C. mound, stream junction or other natural
feature.
(e)
Insert T (true) or M
(magnetic).
(f)
In a similar manner describe the position of other corner posts, if
any.
_____________
FORM 3
MINING
ACT
Regulation
20
______________
WITHDRAWAL OF APPLICATION FOR
(a)................................................................................................................................................
The
Director of Mines,
Suva.
I/We, the undersigned,
give notice that I/We desire to withdraw my/our application for a
(a)
.............................................. in the tikina of
.......................................... in the province of .....
and lodged
at the Mines Department, on the ........ day of
...............19....
.............................................
Signature
of applicant/s
(b)
Received on the
........... day of ................, 19....
.............................................
Receiving Officer
Withdrawal accepted this ........... day of ............., 19 .......
.........................................
Director of Mines
(a)
Insert type of mining
tenement.
(b)
This notice must be signed by every signatory of the original
application.
___________
FORM 4
MINING
ACT
(Regulation
20)
___________
APPLICATION FOR A PROSPECTOR'S RIGHT
Fee $ 5.00
To the Director of Mines,
Suva.
1. Name of applicant.............................................................................................
2. Nationality...................................................................................................................
3. Occupation...................................................................................................................
4. Date of birth.................................................................................................................
5. Address in Fiji at which notices may be served...........................................................
6. Do you intend to prospect on your own account or as an employee of any other person? Name and address of employer, if applicable.....................................................
........................................................................................................
7. (a) Have you previously made an application for a prospector's right?..................
(b) Has any such application been refused? If so give date.
........................................................................................................
8. Have you or your employer (if any), since a prospector's right was last granted to you, been convicted of any offence in connection with mining, prospecting, explosives or the employment of labour or involving dishonesty or fraud? Give date of each conviction, nature of offence and penalty imposed.
......................................................................................................................................................................................................................................................................................................................
9. In which part of Fiji do you intend to prospect? Provinces or Divisions ...............
........................................................................................................
10. For which minerals do you intend to prospect? ........................................................
......................................................................................................
I hereby declare the above particulars to be true and that I have read and understood the Mining Act and all regulations made thereunder.
....................................................
Signature of applicant
In consideration of the grant of the prospector's right applied for above to................................ we the undersigned hereby agree to be answerable and responsible for all acts and omissions performed or made by the said .......................................... under or in respect of the said prospector's right and to pay to Government any sum or sums of money that may at any time become due to Government by the said...................................................... in respect of such act s and omissions.
Dated at ................. this ........ day of ..................., 19....
|
.................................
Witness |
.......................................................
Signature of partnership or of authorised persons signing on behalf of
partnership,
or persons duly authorised to sign on behalf of
company.
|
___________
FORM 5
MINING
ACT
(Regulation
24)
__________
PROSPECTOR'S RIGHT
No. .......
The right to prospect for
minerals subject to the provisions of the Mining Act, and all regulations made
thereunder now in force or which may come into force during the continuance of
this right, is hereby granted
to -
Name ...................................................................................................................
Address ...............................................................................................................
Description ..........................................................................................................
*as
agent for -
Name....................................................................................................................
Address.................................................................................................................
Description .................................................................................................
for
one year
from.......................................................................................
This ........ day of ..............., 19.......
Fee: $10.00
Director
of Mines
(or officer authorised to
issue)
*(delete if prospecting on own
account.)
__________
FORM 6
MINING ACT
(Regulation
28 and 33)
___________
No. ............
The exclusive right,
subject to the provisions of the Mining Act, and all regulations made thereunder
now in force or which may come into force during the continuance of this
prospecting licence
or any extension thereof, is hereby granted
to-
|
Name/s
of Holder/s
|
Address
|
Share
|
|
|
|
|
to prospect for the
minerals mentioned in the First Schedule within the area of land described
in the Second Schedule for a term
from the ............ day of ............, 19......, until the ........... day
of ............,
19......., subject also to the special conditions in the Third
Schedule.
Dated at Suva this
...... day of ..........., 19.....
...............................................
Director of Mines
FIRST
SCHEDULE
(Minerals which may be
prospected on the area the subject of his licence.)
SECOND
SCHEDULE
(Situation and description of
the area the subject of this licence.)
THIRD
SCHEDULE
(Special
Conditions.)
__________
FORM 7
MINING
ACT
(Regulation
31)
__________
REPORT OF OPERATIONS ON PROSPECTING LICENCE
1. (Licence
No.:
2. Licensee: Quarter ending ,
19....
3. Name of person in charge of
prospecting:
4. Number of men
employed -
Europeans:
Fijians:
Indians:
Others:
Total:
|
|
No. |
Size,
depth,
length |
Remarks,
ore
Intersections |
|
Pits............................
Trenches..................... Adits.......................... Drives........................ Cross-cuts.................... Shafts......................... Winzes........................ Rises........................... |
|
|
|
|
|
No. of
holes
|
Total
feet drilled
for period |
Remarks |
|
Diamond or other
drilling
|
|
|
|
Number of assays made or
obtained:
Expenditure -
Supervision........................................................... |
|
$
|
:
|
Wages................................................................. |
|
$
|
:
|
Stores and Plant...................................................... |
|
$
|
:
|
Buildings.............................................................. |
|
$
|
:
|
Other expenses (to be specified)................................... |
|
$
|
:
|
|
|
|
|
|
|
Total...............................
|
|
$
|
:
|
|
|
|
|
|
Remarks concerning above
operations:
Date: ............., 19 .....
Signature:
(Licensee, agent or person in charge)
__________
FORM 8
MINING ACT
(Regulation
36)
_________
PERMIT TO MINE
No.
Name
of Mine
...................................................................................................................
The
exclusive right, subject to the provisions of the Mining Act, and all
regulations made thereunder now in force or which may come into force during the
continuance of this permit to mine or any
extension thereof, is hereby granted
to-
|
Name/s
of Holder/s
|
Address
|
Share
|
|
|
|
|
to mine for the minerals
mentioned in the First Schedule within the area of land delineated in .. the
attached plan and described
in the Second Schedule for a term from the
............ day of ................, 19........, until the ............. day of
.........19........,
subject also to the special conditions in the Third
Schedule, and for that purpose the holder shall occupy and use the surface of
the land only on the areas so delineated in the attached plan.
Dated a Suva this .......... day of ............., 19......
.............................................
Director of Mines
FIRST
SCHEDULE
(Minerals which may be mined
on the area the subject of this permit.)
SECOND
SCHEDULE
(Description of the area the
subject of this permit.)
THIRD
SCHEDULE
(Special
Conditions.)
__________
FORM 9
MINING
ACT
(Regulations
37 and
49)
(Amended by
Legal Notice 112 of
1970.)
__________
MINING LEASE
|
Stamp
|
|
For title use
only.
|
|
|
Duty
|
|
No.
................................
|
|
|
|
|
$
|
.
|
|
Name of
Mine..................................
|
Registration fee
paid
|
||
|
THIS INDENTURE made BETWEEN
the
|
vide
|
||
|
Director of Mines
hereinafter called the
|
R.R. No.
..........................
|
||
|
lessor of the one part,
AND
|
Date................................
|
||
|
|
Initials..............................
|
||
|
|
|
||
|
Name |
Occupation |
Address |
Share |
|
|
|
|
|
hereinafter called the lessee
of the other party, WITNESSES that in consideration of the payments and
agreements hereinafter contained
and subject to the provisions of the Mining
Act, and all regulations made thereunder now in force or which may come into
force during the continuance of this lease or any extension
thereof and subject
also to the special conditions in the Second Schedule hereto, the lessor leases
to the lessee THAT PIECE OR PARCEL
OF LAND situate in the tikina of
............................................................
.................................................................................................................
in
the province of ..............................................in the island
of........................................... and containing
............................................ more or less as shown more
particularly in the attached plan, for the purposes of mining
for the minerals
specified in the Firs Schedule
hereto:
To have and to hold the
said land for the term from the........................................... day
of ......
....................,
19.........., until the.......................... day of .....................,
19..........
The yearly subsurface
rent shall be $................: ............. payable by equal half-yearly
payments in advance on 30 June and
31 December in every year.
|
|
Mining Lease No.
:
Registered at Registrar of Titles. |
|
|
|
The lessee hereby covenants
that he shall-
(a) pay the subsurface rent at the times mentioned above;
(b) pay the royalties on minerals extracted at the times and in the manner prescribed;
(c) use the land continuously and bona fide for the purposes of mining;
(d) work the land by not less than the prescribed number of men;
(e) not transfer, assign, encumber, sublet, mortgage or part with the possession of the land or any part thereof without the previous consent of the lessor;
(f) occupy and use the surface of the land only on the areas so delineated in the attached plan:
And provided that -
(i) if any part of the subsurface rent shall be unpaid for 90 days (although not formally demanded); or
(ii) if the lessee shall be adjudged bankrupt or, without the written consent of the lessor, assigns over his effects for the benefit of his creditors, or in any wise become insolvent; or
(iii) if the lessee shall not well and truly observe, perform, fulfil and keep the covenants of this lease and the provisions and conditions to be observed, performed, fulfilled and kept by the lessee; or
(iv) if the lessee shall not, unless exemption or partial exemption in writing by the lessor has been granted and obtained, vigorously and continuously prosecute mining operations on the land to the satisfaction of the lessor -
Then
and in any of the said cases and at all times thereafter, it shall be lawful for
the lessor to declare this lease void, and the
land shall thereupon resume the
same character and incident as were attached to it before the issue of the
lease.
Provided also that if any
part or parts of the surface of the land shall be required for the purpose of
laying out any own or village,
or of making any road, railway, aerodrome, path,
canal, water-course, bridge, towing-path or reservoir, or for any other purpose
which the Minister may declare to be a public purpose, it shall be lawful for
the Minister under the hand of the lessor to give one
month's notice of his
intention so to do to the lessee to cancel this lease so far as it relates to
any right to the surface and
thereupon the said part shall resume the same
character and incidents as were attached to it before the issue of this lease.
So nevertheless
that no land whereupon any building may have been erected for
the purpose of residence or for mining operations or which may be used
as a yard
or otherwise for the more convenient occupation of such building or for the
conduct of such mining operations shall be
resumed unless compensation be paid
therefor:
And the lessee hereby
further covenants with the lessor that in the event of the lessee working the
land hereby demised by any method
whereby the surface of the land is destroyed
or depreciated in value for agricultural purposes that then and in that event
the lessee
shall pay to the lessor a sum equal to the market value of the
surface for agricultural purposes or a part of the value proportionate
to the
depreciation in value or agricultural purposes should the surface be depreciated
but not destroyed, such sum shall be paid
to the owner of the
land.
In witness whereof the
parties have hereunto set their hands and seals this ......... day of ....,
19....
(L. S.) Director
of Mines
Witness
|
I hereby accept the terms of
the above lease.
The Signature (by mark) of (if lessee is illiterate he must sign by affixing his left thumb mark if possible) was made in my presence and I verily believe that such signature is of the proper handwriting/left thumb print of the person described in the above lease as ............................... the lessee and I certify that I read over or caused to be read over and explained the contents hereof to the lessee in the ...............language and he appeared fully to understand the meaning and effect thereof. |
Lessee }
} } } } } } Witness |
FIRST
SCHEDULE
(Minerals which may be mined
by the lessee on the area leased.)
SECOND
SCHEDULE
(Special
Conditions.)
____________
FORM 10
MINING ACT
(Regulation 42)
NOTICE TO OWNER, OCCUPIER OR LESSEE OF LAND SUBJECT TO A PERMIT TO MINE OR MINING LEASE
To
..............................................................................................
of...........................................
(Full)
name and address of owner, occupier or lessee of land subject to tenement
)
Notice is hereby given that I/We
.................................................................................................
......................................................................................................................................................
.................................................................................................................
(Name and address of mine owner)
|
the undersigned, being the
holder of
|
}
|
Permit to Mine No.
.....................................
|
|
|
}
|
Mining Lease No.
.......................................
|
which covers .....................................................................acres of your land, intend to mine for .................................................................................................................................
(Name of mineral)
On
..........................................acres of such land,
by.............................................................
.................................................................................................................
(Nature of mining operation, i.e. opencast, sluicing, dredging, etc.)
Signed
....................................................................................
Dated
......................................................................................
AFFIDAVIT OF SERVICE
I,
...................................................................................................................................................
make
oath and say as follows:-
I did on
the................. day of........................., 19............., at
.....................................................
personally
serve............................................................................................................................
the
above-named person with a copy of this
notice.
Sworn at
..............................................}
..............................................}
this...................day
of
........................,}
19............ }
Before me:
................................................
________
FORM 11
MINING ACT
(Regulation 43)
APPLICATION FOR EXEMPTION
The Director of
Mines,
Suva.
I/We
he undersigned holders of (here state the nature and number of mining tenement)
known as
.......................................................................................do
hereby apply for exemption from (work, occupation or use) of the above mentioned
mining tenement for a period of ............. calendar
months, on the following
grounds, viz: -
The following
particulars relating to the said mining tenement are, to the best of my/our
knowledge, information and belief, true
and correct in every
respect:-
PARTICULARS
1. For how long has the
mine been worked continuously?
2.
Has the mine been worked for the above period from the holder's
resources?
3. Work done by holder
since acquiring the mine or previous exemption, if any -
(a) Sinking:
(b) Driving:
(c) Cross-cutting:
(d) Drilling:
(e) Opencast Mining:
4.
Amount of money expended by present owners since acquiring the mine or previous
exemption, if any:
5. Details of
expenditure -
|
Wages |
Contractors |
On machinery |
On
other
mining requisites |
Other expenditure |
|
|
|
|
|
|
6. Nature, quantity and
value of gold or mineral won since acquiring the mine or previous exemption, if
any:
7. I produce an accurate plan
showing the workings of the mine in which the main workings are also clearly set
out. I claim that the
same are main workings, for the following
reasons:-
Dated this ....... day
of ............., 19......
...............................................
Signatures
________
FORM 12
MINING
ACT
(Regulation
43)
________
CERTIFICATE OF EXEMPTION
This is to certify that
the holders of (name of mining tenement) No........... have this
.................... day of....................,
19........, been granted
exemption from ................. until the ..........day of....................,
19........, inclusive on
the following terms and
conditions:-
Dated at Suva this
............ day of .............., 19........
................................
Director of Mines.
_________
FORM 13
MINING ACT
(Regulation 47)
________
MONTHLY REPORT OF MINING OPERATIONS
To: Director of Mines,
Suva. Month of..........................,
19...........
P.
M.
M.L. No.
..................................................... Name of
Mine......................................
Name
of Mine
Manager.............................................................................................
Name
of Holder/s
.....................................................................................................
Name
and address of Agent or
Company...................................................................
Manager............................................................
Secretary......................................
................................................................................................................................
*Average
number of men employed:
|
(* Average number of men employed = |
Total number of man - shifts worked |
|
Total number of workings
days
|
Mineral produced:
................................ weight.........................
value......................
................................
weight.........................
value......................
................................
weight......................... value......................
(base metals in tons, precious metals in ounces)
Total value of
mineral:
Mineral removed from
tenement:
..........................
weight......................
value...................
..........................
weight......................
value...................
..........................
weight......................
value...................
..........................
weight...................... value...................
Destination of mineral
removed from
tenement:
...................................................................................................................
Accidents:
No. ....................... Injury ....................... Cause
........................
.......................
Injury ...................... Cause
........................
.......................
Injury ...................... Cause ........................
No. of feet driven: No. of
feet sunk
Quantity of overburden
removed:
Quantity of ore
mined:
State any other work that may
have been done:
I hereby certify
that this is a correct statement of the particulars herein set
forth.
Dated at ........... this
........ day of ..........., 19....
.............................................................
Signature of holder, agent,
Company Manager or Secretary
__________
FORM 14
MINING ACT
(Regulation
48)
___________
YEARLY REPORT OF MINING OPERATIONS
To: The Director of
Mines, Year 19
Suva.
P.M.
M.L.
No. .................................................... Name of Mine
......................................................
Area
of P.M. or M.L. ................................. Date of expiry
......................................................
Name
of Mine Manager.............................. Mine Managers' Cert. No.
...............................
Name
of Holder
...........................................................................................................................
.................................................................................................................
Name
and address, of agent or Company Manager or
Secretary
.................................................................................................................
*Average
number of men employed Europeans
.............................................
during the year: - Fijians ..................................................
Indians
.................................................
Others
..................................................
|
* Average number of men employed = |
Total number of man - shifts worked |
|
Total number of workings
days
|
Quantity of material mined
during the year
................................................................................
Quantity
of material treated during the year
........................................................................
Mode
of treatment
..............................................................................................................
Mineral
produced during the year:
................weight
................... value
.................
................weight
.................. value
.................
................weight
.................. value
.................
................weight
.................. value .................
(Base metals in tons, precious metals in ounces)
Total
value of mineral: $
(In case of a
registered company): Amount paid in dividends -
For the year: $
Since commencing work: $
Remarks
cost of operations, ore reserves; etc
...........................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
I
hereby certify that this is a t rue return for the year ending 31 December,
19..........
Dated at ....... this
........ day of January, 19 .......
......................................................
Owner or Manager
Witness
.....................
__________
FORM 15
MINING ACT
(Regulation
53)
_________
SPECIAL SITE RIGHT
No. .....
Attached to P.L.}
P.M.} No.
M.L.}
The Director of Mines,
being of the opinion that the land the subject of this right situated in the
tikina of
....................................................................................................................
in the province of ..................... as more particular shown in the plan
attached hereto, is not required for mining purposes
and that the grant of this
right will not interfere prejudicially with mining operations, hereby grants to
(full name and address
of holder) this special site right in respect of the said
land, authorising the holder to use the said land as (here state whether
water
right, passageway, machine site, furnace site, site for the deposit or treatment
of gold or tailings, for tramway, aerial ropeway
or conveyor belt, or otherwise,
as the case may be).
This right is
granted for a term from the ........ day of .........19..., until the ........
day of ..., 19..., subject to the payment
of an annual fee of $4 payable
half-yearly in advance and subject to the terms, conditions, reservations and
provisions set out in
the Mining Act, and all regulations made thereunder now in
force or which may come into force during the continuance of this right or any
extension
thereof, and also to such additional terms, conditions, reservations
and provisions as are specified in the
Schedule.
Dated at Suva this
........ day of .........., 19.....
Director of Mines
I/We hereby accept this
special site right on the terms and conditions herein mentioned.
Date: ............................................... Holder .......................................
Witness to the signature of the holder .........................................................
Registered on the .... day of ........, 19...., at ........o'clock in the ....... noon.
Registrar of Titles
_________
FORM 16
MINING ACT
(Regulation
66)
_________
ROAD ACCESS LICENCE
No. ......
Attached to P.L.}
P.M.} No.
M. L.}
The right, subject to the
provisions of the Mining Act, and all regulations made thereunder now in force
or which may come into force during the continuance of this road access licence
or any extension thereof, is hereby granted to:
|
Name/s of Holder/s |
Address |
Share |
|
|
|
|
to construct, use and maintain
a road for the purpose of obtaining access to the mining tenement above cited
within the area of land
in the tikina of.............................. in the
province of ...................................................... more
particularly
described in the plan attached hereto, for a term from
the................ day of...................., 19........, until the
.................................
day of........................, 19........,
subject also to the special conditions in the Schedule.
Director of Mines
SCHEDULE
I/We hereby accept this
Road Access Licence on the terms and conditions herein
mentioned.
Date
............................................... ..........................................
Witness
......................................... Licensee
Registered
on.................. day of......................, 19 ........., at
........................ o'clock in the ..........................
noon.
Registrar of Titles
__________
FORM 17
MINING ACT
(Regulation
80)
___________
MINERAL EXPORT PERMIT
No.
Permit is hereby granted
to .........................................on behalf of .....................
to export ...................
packages containing ........................of
................................... production from .................., port of
aerodrome
of export ......................................, destination
.................., the value of this shipment is approximately
$.......
Royalty has been paid.
Royalty has been secured to my satisfaction.
No royalty is payable.
Dated at Suva this ...... day of ......, 19....
Director of Mines
Copy to Collector of
Customs
__________
FORM 18
MINING ACT
(Regulation
81)
__________
REPORT ON DRILLING OPERATIONS
The Director of
Mines,
Suva.
The
following is the Record of Work done on (state licence, permit or lease number)
Drill No. ............................................
while in my charge for
the week ending ......................................
Superintendent.
For whom conducted:
Locality:
Object of bore:
No. of bore: Method
used:
Inclination of
bore:
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Feet
Bored
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Bored
Record
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From
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To
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For
day |
Thick- ness of bed |
Material |
Depth
from surface to bottom |
Core obtained |
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ft.
in.
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ft.
in.
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ft.
in.
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ft.
in.
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ft.
in.
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ft.
in.
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Monday
................
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Tuesday
................
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Wednesday
............
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Thursday
...............
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Friday
..................
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Saturday
...............
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Total
for week
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Casing
Used (in feet)
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Diameter
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In
Bore
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Diameter
of Bore (in inches)
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From
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To
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Inches
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Water
met with in Bore
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Gallons
per Minute
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At
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Issue
of Gas at
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Remarks by Superintendent Commented by
Note.
- The Drill Superintendent shall forward a copy of this log direct to the
Director of Mines, Suva.
_________
FORM 19
MINING ACT
(Regulation
86)
__________
POWER OF ATTORNEY
(Duty Stamp)
No.
Know all men by these
presents that I ............... of .............................................
do hereby make, constitute
and appoint ................ of
....................................... my true and lawful attorney to apply for
and acquire on my
behalf any mining tenements under the Mining Act, and to sell
to any person all or any mining tenements or mortgages, whether extended or not,
or charges, whether now belonging to
me or which shall hereafter belong to me
under or by virtue of the said Act, or which I am now or shall hereafter be the
holder,
proprietor or owner thereunder. Also to mortgage or sublet all or any
such mining tenements for any sum, at any rate of interest
or rental. Also to
surrender any mining tenement in which I am or may be interested. Also to
exercise and execute all powers which
are now or shall hereafter be vested in or
conferred on me as a sublessee or mortgagee of mining tenements under the said
Act: And
for me and in my name all such applications, notices, transfers,
mortgages, subleases and other instruments and do all such acts,
matters and
things as may be necessary or lien for carrying out the powers hereby given, and
for recovering all sums of money that
are now or may become due or owing to me
in respect of the premises, and for enforcing or varying any contract, covenant
or conditions
binding upon any holder tenant or occupier of the said lands upon
any other person in respect of the same , and for protecting the
same from waste
, damage or trespass.
The words
"mining tenement" herein include any share or interest in a mining
tenement:
And I agree that all and
whatsoever the said .......... shall lawfully do under this power I will at all
times ratify and confirm.
I hereby
appoint the said .............. my attorney or agent upon whom any process or
notice may be served.
Given under
my hand and seal, this ........ day of .....,
19....
Signed, sealed and
delivered by the said ........ in the presence of:
Signature: (Seal).
Signature of Attorney ................................
Witness:
Received
the above Power of Attorney at ........ o'clock ...... m. on the ........ day of
........., 19...., with fee of ..........................cents.
Registrar of Titles
___________
FORM 20
MINING ACT
(Regulation
87)
__________
APPLICATION FOR APPROVAL OF A DEALING IN A MINING TENEMENT
The Director of Mines,
Suva.
I,
(a)
..................of
(b)
..........being the holder of
(c)
..........registered as No.
(d)
....... situated in the tikina of ............... province of .............
island of ............. which is in force for the term
from ........... until
Do hereby apply for approval to
(e)
to
(f)
............... of
(g)
All/A
(h)............................
UNDIVIDED SHARE of my right title and interest in the said mining tenement as
from the ..................
day of ..........., 19...,
(i)
(until the ......... day of ........,
19....)
(for the remainder of the term
thereof)
IN
CONSIDERATION of he sum of
(j)
And
I, the said
(f)
............ do hereby agree to accept the said
(e)
......... of the said mining tenement or share thereof, subject to all the terms
and conditions under which it is
held.
AND WE, the undersigned,
hereby state and declare that
(i)/
there is no other written agreement relating to this dealing/ the only other
written agreement relating to this dealing is that
dated ....................
and attached hereto.
Dated this
........ day of ............, 19....
(Signature of holder, etc.) .......................................................................................
Witness to signature ...............................................................................................
Address.............................................................................................................................
Occupation.......................................................................................................................
(Signature of transferee, etc.) ..........................................................................................
Witness to signature ...............................................................................................
Address .............................................................................................
Occupation ...........................................................................................................
To
Registered holder of
The above
application is approved.
The
instrument of
(e)
......... shall be properly stamped and returned to me within 30 days from the
date of this notice of approval, by the person in
whose favour it is drawn, for
registration, together with the prescribed registration
fee.
Dated at Suva this .......
day of ........., 19....
Director of Mines
(a) Full name and (b) address of holder.
(c) Type and (d) Registered Number of mining tenement.
(e) State the nature of dealing, e.g., transfer, sublease, mortgage, etc.
(f) Full name and (g) address of transferee, sublessee, mortgagee, etc.
(h) If he whole title is not being affected indicate the share concerned i.e. half, quarter, etc.
(i) Delete whichever is not applicable.
(j) Give the full value of the consideration passing.
__________
FORM 21
MINING
ACT
(Regulation
87)
__________
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STAMP
DUTY |
TRANSFER
OF MINING
TENEMENT THE
INSTRUMENT OF TITLE MUST BE PRESENTED HEREWITH. RULE UP ALL BLANKS BEFORE
SIGNING. NO ALTERATION SHOULD BE MADE BY ERASURE. THE
WORDS REJECTED SHOULD BE
SCORED THROUGH WITH A PEN AND THOSE SUBSTITUTED WRITTEN OVER THEM, THE
ALTERATION BEING VERIFIED BY SIGNATURE
OR INITIALS IN THE MARGIN OR NOTICE IN
THE ATTESTATION. ALL NAMES MUST BE TYPED OR PRINTED.
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No.:
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REGISTRATION
FEES
$ c. Lodgement
Memorial ________ Total
________ Revenue
Receipt
No.: Initials |
(name, address, occupation
or other description in full) transferor, being proprietor subject to such
leases, mortgages and other
encumbrances as are notified by memorandum endorsed
hereon (all prior subsisting encumbrances must be thus noted) of the following
land:-
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Title
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No.
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Name
of Land |
Province |
Tikina
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Area
A.R.P. |
Undivided Share |
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(here state whether Lease,
Licence, or Mortgage, as the case may be.)
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(If the whole of the
interest is transferred, write the word "whole".)
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in consideration of the sum of
(in figures and writing) ($........) this day paid to the transferor by (name,
address, occupation
or other description in full and if of Indian descent the
father's name) hereinafter called the transferee the receipt of which sum
the
transferor doth hereby acknowledge DOTH HEREBY TRANSF'IER to the transferee all
the rights, powers, title and interest of the
transferor
therein.
IN WITNESS whereof the
transferor ....... has hereunto subscribe his name this ......... day of .....,
19.....
Signature or Left thumb Mark of transferor
Accepted
Signature or Left Thumb Mark of Transferee
The signature by mark of
(if transferor is illiterate he must sign by affixing his left thumb mark if
possible) was made in my presence
and I verily believe that such signature is of
the proper handwriting/left thumb mark of the
person..................................................
described
as.................................... the
transferor......................................, and I certify that I read
over
and explained the contents hereof to the transferor in
the...................................., language and he appeared fully
to
understand the meaning and effect thereof.
Signature of witness
The signature by mark of
(if transferee is illiterate he must sign by affixing his left thumb mark if
possible) was made in my presence
and I verily believe that such signature is of
the proper handwriting/left thumb mark of the person described
as....................................
the transferee
.........................., and I certify that I read over and explained the
contents hereof to the transferee in
the............................................language and he appeared fully to
understand the meaning and effect thereof.
Signature of witness
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(FOR
OFFICE USE)
TRANSFER
NO.
Registered .........at........m. Registrar
of Titles
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MEMORANDUM
OF PRIOR LEASES, MORTGAGES
AND
ENCUMBRANCES REFERRED
TO
DECLARATION BY ATTESTING WITNESS
...................................................................
of............................................................................
the
attesting witness to this instrument, appeared before me at ........ the day of
....... one thousand nine hundred and ....., and
declared that the personally
knew the person/s signing the same, and whose signature/s the said .......
attested, and that the name/s
purporting to be the signature of the said .......
is his/are their own handwriting, and that he is the person/ they are the
persons
therein described as
DECLARATION BY ATTESTING WITNESS
.......................................................................
of...........................................................................
the attesting witness to this instrument, appeared before me at ....... The
........................ day of ........ one thousand
nine hundred and
.......... and declared that he personally knew the person/s signing the same by
affixing his/ their left thumb
mark/s thereto and whose signature/s by such
mark/marks the said ......... attested, and that the marks purporting to be the
signature
of the said ......... is his/are their own left thumb mark/s, and that
he is the person/ they are the persons therein described as
......... and that
before affixing the said thumb mark/s the purport of the said instrument was
interpreted to him/them in the ............
language and he/they appeared to
understand the same.
__________
FORM 22
MINING
ACT
(Regulation
88)
___________
SURRENDER OF MINING TENEMENT
(a) ..............................No..........................
WHEREAS under the provisions
of the Mining Act, the above-mentioned mining tenement was granted to
...............................................................................................
AND
WHEREAS ................................. the present lawful holder desires to
surrender the said tenement.
Now
these presents witness that the said holder hereby surrenders all his right,
title and interest in and under the said tenement
as from the
...........................day...............of .........................,
19............
Dated at
........................... this ................... day of
............................,
19.........
Witness to
signature........................... ..................................................
Address.......................................... (b)
Holder
(a) Type and registered number of tenement.
(b) To be signed by every holder or his attorney.
Received on the ...................day of ........., 19.........
............................................
Receiving Officer
Surrender accepted this
..........day of ................, 19.........
........................................
Director of Mines
_________
FORM 23
MINING
ACT
(Regulation
89)
_________
CERTIFICATE RELATING TO MINE WORKINGS
Director of Mines,
Suva.
I,
................................... being the holder of........................
No................. applicant for a ..............................
which has
been cancelled/terminated/abandoned/surrendered/withdrawn, hereby certify that -
(i) all beacons marking out the land have been removed;
(ii) all directional trenches have been filled up;
(iii) all pits, trenches, shafts and opencast workings have been filled up/made safe;
(iv) (a) all damage to the surface of the land has been repaired; or
(b) $................... in compensation has been paid to....................... for damage done o his land.
(v) ............................., the owner of the land at this date is also the holder of this tenement.
Dated
at .............. this ...... day of ............ 19.....
................................................
Holder
Delete
(iii), (iv)
(a),
(iv)
(b)
or (v) whichever is no applicable.
____________
FORM 24
MINING ACT
(Regulation
105)
_________
APPLICATION FOR A MINE MANAGER'S CERTIFICATE
To: the Inspector of Mines
at ..............
I, ........................................................................................................................hereby apply (Full name, address and occupation)
for a Mine Manager's
Certificate for ........ opencast or ...................underground .......(*)
mines
I enclose the prescribed fee of $10 and hereby declare as follows -
(1) My date of birth is ....................................................................................................
(2) My practical experience consists of actual employment in mining for.................... years as specified in the Schedule hereto, and in proof thereof I enclose evidence in writing from my previous employers as specified in that Schedule.
(3) I enclose certificates
of sobriety and good conduct
from.......................................................
(4)
I have undergone a course in first aid and enclose herewith my certificate of
proficiency therein.
Dated at
......... this .......... day of ......., 19......
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(*)
Delete as required
SCHEDULE
Particulars
of employment and nature of evidence in proof thereof.
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Names and localities of mine |
Name of employer |
Period of employment |
Nature of employment |
Signature
of employer or nature of evidence in writing
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From |
To |
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...........................................
Signature of Applicant
________
FORM 25
MINING ACT
(Regulation
105)
_________
MINE MANAGER'S CERTIFICATE FOR OPENCAST/UNDERGROUND MINES
This is to certify that
........................................ of .............................., has
duly satisfied me that he
is entitled to a Mine Manager's Certificate for
opencast/underground mines and this certificate is hereby granted
accordingly.
Subject to any
extensions endorsed hereunder this certificate shall, unless previously
cancelled, expire on the ..... day of ..........,
19......
Issued at ....... this
.......... day of
..........,19.....
.................................... .........................................
(Signature
of Grantee) Inspector of Mines
EXTENSIONS
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Date
of extension
|
Period
of extension
|
Signature
of Inspector of Mines
|
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__________
FORM 26
MINING ACT
(Regulation
155)
_________
APPLICATION FOR HOIST DRIVER'S CERTIFICATE
To: The Inspector of Mines
at
I, ................................ hereby apply for a Hoist Driver's Certificate.
(Full name and address of applicant)
I enclose the prescribed
fee of $5 and hereby declare as follows: -
(1) My date of birth is
(2) I have had.............................................................. experience in the
(State period)
operation of reversing hoists in the employment of the employer/ employers specified in the Schedule hereto and in proof thereof I enclose evidence in writing to such experience.
(3) I enclose certificates of sobriety and good conduct from
(4) I enclose a medical certificate as to my physical fitness for employment as a hoist driver.
Dated
at ............. this ......... day of .......... 19....
SCHEDULE
Particulars of employment
and nature of evidence in proof thereof.
|
Name
of employer |
Type
of hoist |
Period
of driving experience
|
Name of supervising driver |
Signature
of employer or
nature of evidence in writing |
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From
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To
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.............................................
Signature of Applicant
____________
FORM 27
MINING
ACT
(Regulation
155)
____________
HOIST DRIVER'S CERTIFICATE
This is to certify that
................... of .........................., having produced evidence as
to his health and having satisfied
me as to his knowledge and ability to drive
and handle a hoist of the type set out in the Schedule hereto, is hereby granted
this
certificate to drive such hoist and hoists of a similar type and of equal
or smaller capacity.
Subject to
any extensions endorsed hereunder this certificate shall, unless previously
cancelled, expire on the ..... day of ...........,
19.......
Issued at ...........
this ........ day of ...........,
19...
........................................... ........................................
(Signature
of Grantee Inspector of Mines
SCHEDULE
Type of Winch .....................................................................................................
Maker's Name .................................................................................................................
Drum diameter .....................................................................................................
Capacity, lbs ........................................................................................................
Horsepower ....................................................................................................................
Winding Speed................................................................................................................
Distance ..........................................................................................................................
EXTENSIONS
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Date
of
extension |
Period
of
extension |
Signature
of Inspector
of Mines |
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_______
SECOND
SCHEDULE
(Regulation
4)
(Substituted by
Legal Notice 60 of
1979.)
______
SCALE OF FEES
$
c
1. Proprietor's
right....................................................................... 10.00
2.
Filing application for mining
tenement............................................. 20.00
3.
Preparation f prospecting
licence.................................................... 50.00
4.
Preparation of permit to
crime....................................................... 100.00
5.
Preparation of mining
lease.......................................................... 200.00
6.
Preparation of special site
right...................................................... 50.00
7.
Preparation of road access
licence................................................... 50.00
8.
Extension of mining
tenement....................................................... 25.00
9.
Surrender of mining
tenement....................................................... 10.00
10.
Filing application for approval of the transfer or other dealing in a mining
tenement...................................................................................
50.00
11.
Deposit of duplicate of power of
attorney........................................ 10.00
12.
Registration pf tribute
agreement.................................................. 10.00
13.
Duplicate or certified copy of mining
tenement................................. 20.00
14.
Duplicate or certified copy of any document other than a mining tenement
10.00
15. Copies of letters (each
page)....................................................... 1.00
16.
Examination of Registers -
For each entry examined........................................................ 2.00
For General search............................................................... 4.00
17. Exemption of -
(a) Prospecting licence area - form labour - for a period exceeding 2 months............................................................................ 50.00
(b) Special-site area - from use - for a period exceeding 3 months...... 10.00
(c) Road access licence - from use - for a period exceeding 3 months. 10.00
(d) Mining lease and permit to mine - from labour - for a period not
exceeding 6 months............................................................. 50.00
for a period exceeding 6 months.............................................. 100.00
18.
Filing agreement for compensation or certified copy
thereof.................. 5.00
19.
Mine Manager's
Certificate........................................................ 10.00
20.
Extension of Mine Manager's
Certificate........................................ 3.00
21.
Hoist Driver's
Certificate........................................................... 5.00
22.
Extension of Hoist Driver's
Certificate........................................... 1.00
23.
Withdrawal of application for a mining
tenement............................... 5.00
NOTE:
Notwithstanding the fee of $200 prescribed for the preparation of a mining lease
by item 5 above, the Minister may in any particular
case authorise the making of
a special fee for extra work and in the cases of items 3, 4, 5, 6 and 7 special
or extra charges or
fees may be raised for preparing any plan or
plans.
-----------------------------------------------------------
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