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斐济矿产法
Mining Act
【发布部门】斐济国会 【发文字号】
【发布日期】2016年12月01日 【实施日期】1966年12月16日
【时效性】现行有效 【效力级别】法律
【法规类别】斐济法规规划 【来源】斐济法律网站

斐济矿产法

【法律沿革】

本法于1965年制定,并于1966年、1970年、1975年、1977年、2010年、2011年和2016年的修改。

【内容介绍】

本法涉及斐济矿产开发管理,其中也包括对海洋矿产的管理。本法分为7部分,计68条。包括一般规定,勘探和矿藏,损害和赔偿,注册、批准和文件,处罚及其他规定等。

【内容出处】

https://www.laws.gov.fj/Acts/DisplayAct/744#


《矿产法》(Mining Act)

Ordinances Nos. 25 of 1965, 7 of 1966, 37 of 1966,
Order 7th October, 1970, Act No. 14 of 1975, 13 of 1977

[16th December, 1966]

 

Mining Act1966

PART I-GENERAL

 

Short title

1. This Act may be cited as the MiningAct.

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 anymining tenement or having the care or direction of any mi tenement or partthereof;

"alienatedland" means land which is the subject of a Crown grant or native grant orcertificate of title or any land the subject of a registered lease;

"alluvial"means all mineral deposits which result from the disintegration of olderdeposits, whose constituents have been brought to their present position byphysical agencies;

"authorisedofficer" means any person authorised, in writing, by Director to performany of the duties or exercise any of the powers conferred or imposed by theprovisions of this Act;

"Board"means the Mining Appeals Board as constituted under the provisions of section 10;

"certifiedcopy" means a copy certified as true by any magistrate, commissioner foroaths, barrister and solicitor, justice of the peace, police officer or anyofficer appointed under the provisions of this Act;

"Crownland" 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 miningtenement is affected and includes any option when exercised;

"Director"means the Director of Mines appointed under the provisions of this Act;

"Governmentmeans the Government of Fiji and for the purposes of avoiding doubt, theMinister 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 wasgranted and, in the case of a mining tenement, includes a person in whom suchmining tenement or part of the rights there underhas become lawfully vested by transfer, assignment, transmission or otherwise;

"improvedland" means the site or curtilage of any building or any garden, lawn,yard, nursery for trees, orchard, plantation, cultivated field (not beingpasture 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 onwhich a railway, tramway, roadway, aerodrome, bridge or culvert is constructed,or any land used for stacking or storing or depositing material or miningrequisites;

"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 anygarden, 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 bythe 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 domesticanimals and their young;

"machinery"means all mechanical appliances of whatsoever kind, except motor vehicles, usedfor any mining purpose;

"mine"means any place, excavation or working wherein or whereby an operation for orin connection with any mining purpose is or shall be carried on;

"minerals"includes the following minerals:

(a) "precious metals" which shall includegold, silver, platinum, palladium, iridium, osmium, or ores containing them,and all other substances of a similar nature;

(b) "precious stones" which shall includeamber, amethyst, beryl, cat's-eye, chrysolite, diamond, emerald, garnet, opal,ruby, sapphire, turquoise, and all other stones of a similar nature;

(c) "earthyminerals" 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 andall other substances of a similar nature;

(d) "radioactiveminerals" which shall include minerals either raw or treated (includingresidues and tailings) which contain by weight at least 0.05 per cent ofuranium 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" whichshall include coal in all its varieties land all other substances of a similarnature;

(f) "metalliferousminerals" 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 allother minerals and mineral substances of whatsoever description but excludingonly the minerals and mineral substances included in paragraphs (a), (b), (c), (d) and (e),butshall 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 bynotice in the Gazette declare any mineral substance to be included in orexcluded from this definition;

"miningtenement" means any lease, licence, right, permit, title, easement orprivilege, 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 thespecific parcel of land the subject of such lease, licence, right, permit,title, easement or privilege;

"nativeland" means land which is neither Crown land, nor the subject of a Crownor native grant;

"occupier"means the person in actual occupation of any land, or, if there is no person inactual occupation, the person entitled to possession thereof;

"owner"means the registered proprietor of land and includes a lessee; in relation tonative land it means the Native Land Trust Board acting on behalf of theregistered native owners, and in relation to Crown land it means the Directorof Lands;

"passageway"means and highway, road, street, footpath, railway, tramway, wireline,cableway, chute, pipe, sewer, drain, tunnel, shaft or race and includes anyright-of-way or easement;

"prescribed"means prescribed by or under the provisions of this Act, or, where the contextspecifies or implies, by any lease, licence, right or permit granted under theprovisions of this Act;

"prospect"means to search for minerals and includes such working as may be prescribed toenable the prospector to test and assess the mineral bearing qualities of anyland;

"race"means any artificial channel or ditch or flume or pipe for the conveyance ofwater or water and refuse;

"Regulations"means the Regulations and forms for the time being in force under theprovisions 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 beused for winding, travelling, draining, or ventilation purposes in connexionwith prospecting or mining operations;

"tailings"means all gravel, sand, slime or other substance which is the residue of bonafide mining operations;

"tomine" means to disturb, remove, cart, carry, wash, sift, smelt, refine,crush or otherwise deal with any rock or earth by any mode or method whatsoeverfor the purpose of obtaining any mineral therefrom;

"unimprovedland" means any land other than improved land.

Reservation to the Crown of minerals

3.(1) All minerals of every description, includingcrude oil as defined in the Petroleum (Exploration and Exploitation) Act, in orunder all lands of whatsoever ownership or tenure and in whosesoever possessionor enjoyment they may be, are, and shall be deemed always to have been, theproperty of the Crown and shall be deemed not to have been parted with underany alienation, dedication, lease, licence or permit of such lands save in sofar as such rights may in any case have been limited by any express grant madebefore the commencement of this Act.
(Cap. 148)
(2) Subject to the provisions of Part III, the Crown, either alone or inconjunction with any other person, shall have full liberty at all times tosearch, dig for and carry away all such minerals of every description and forthat 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 specifiedminerals and to grant exclusive rights

4. The Minister may by order prohibit or restrictprospecting for any specified mineral throughout the whole or any specifiedpart of Fiji, and, by the same or by a subsequent order, grant the exclusiveright to prospect for any mineral so specified to such person as may be namedin the order and the provisions of this Act relating to prospector's rightsshall apply to an exclusive right to prospect granted under the provisions ofthis section.

Directormay declare Government protection areas and grant mining tenements thereover

5.(1) Notwithstanding any provision of this Act, theDirector may, by notice in the Gazette, declare any area, not exceeding 250hain extent in any instance, to be a Government protection area, and may in likemanner 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 theconsent of the Director:
Provided that this subsection shall not apply to the holder of any miningtenement in respect of any land the subject of such tenement included in anyGovernment protection area.
(3) Subject to the approval of the Minister, the Director may call for tendersfor the right to prospect or mine in any such area, and may grant a miningtenement to any person on such terms and conditions, whether in accordance withthe provisions of this Act or not, as the Minister may think fit, but, save asvaried by any such terms and conditions, the provisions of this Act shall beapplicable to any such mining tenement.

Disputes

6. At the request in writing of all parties theretothe Director may decide any dispute, other than a dispute which he is expresslyempowered to decide under any other provisions of this Act, between personsengaged in prospecting or mining operations either amongst themselves or inrelation to themselves and third parties, concerning any rights arising underthe provisions of this Act relating to any of the following matters:-

(a) disputed boundaries;

(b) acts, omissions or mattersin the course of, connected with, or auxiliary to prospecting or miningoperations:

Providedthat the Director may, in his discretion, refuse to decide any such dispute.

Appointment of officers

7. The Public Service Commission may appoint aDirector of Mines and such inspectors of mines and other officers as may benecessary for carrying into effect the provisions of this Act.

Powers of inspectors

8.(1) An inspector may -

(a) arrest without warrantany person whom he may find committing, or whom he reasonably suspects ofhaving committed, any offence against the provisions of this Act. The personarrested shall be taken with as little delay as possible to the nearest police stationto be dealt with according to law;

(b) by notice in writing,require any holder of a prospector's right or mining tenement or any personemployed by such holder of a mining tenement, to appear before him at anyreasonable time and place and give such information regarding operations in orabout the area being prospected or mined as such person may possess, who shallbe legally bound to comply with such notice and to give such information;

(c) by order in writingdirect that prospecting or mining operations shall be suspended in any area,whether the subject of a mining tenement or not, until such arrangements, asare in his opinion necessary to prevent danger to life or property, have beenmade.

(2)Any person who contravenes or fails to comply with any notice or order madeunder 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 onehundred 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 ofhis duties under the provisions of this Act, the Director, an inspector or anyauthorised officer may, at all reasonable times by day or night, but so as notunreasonably to impede or obstruct the work in progress-

(a) enter, inspect andexamine any land for the purpose of assessing its mineral potential or any landon which prospecting or mining operations are being conducted or which is thesubject of any mining tenement:

Providedthat no person shall enter any land within the curtilage of a dwelling-housewithout first informing the occupier of his intention to do so;

(b) examine and makeinquiry respecting the condition and ventilation of any mine and any buildingconnected with prospecting or mining operations and all matters relating to thesafety, welfare and health of the persons employed therein;

(c) inspect and examinethe state of the external parts of the machinery used upon or in the mine, andthe state of all plant, works and passageways;

(d) examine and takeextracts from all books, accounts, vouchers and documents relating toprospecting or mining operations or to any minerals obtained by suchoperations; and

(e) examine and takesamples of any material being prospected or mined.

(2)Any officer of the Mineral Resources Division of the Government may exerciseall or any of the powers conferred upon the Director by the provisions ofparagraph (a) of subsection (1).

Constitution and appointment of Mining AppealsBoard

10.(1) There shall be constituted an Appeals Boardcalled the "Mining Appeals Board" which shall consist of a chairmanand three other members to be appointed by the Minister. One member shall be abarrister and solicitor. Three members shall form a quorum.
(2) The chairman shall have an original vote and, in the event of equality ofvotes, shall have a casting vote. In the absence of the chairman from a meetingthe members present shall elect one of their number to be chairman.
(3) Any person aggrieved by any decision of the Director made under theprovisions of this Act, may, within thirty days of the date of the receipt ofsuch decision, or such longer period as the Board may in any case allow, appealfrom such decision to the Board. Every such appeal shall be in writing andshall state the grounds thereof.
(4) The Board shall have power to summon and examine witnesses on oath and affirmationand to require the production of all documents relevant to an appeal, but shallnot be bound by the rules of evidence in civil or criminal proceedings:
Provided that if any witness objects to answering any question or to producingany document on the ground that it will tend to incriminate him or on any otherlawful ground, he shall not be required to answer such question or to producesuch 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) whofails to attend at the time and place mentioned in the summons, or onadjournment, or without lawful excuse refuses to answer any question put to himor to produce any document which he is required to produce shall be guilty ofan 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 theprovisions 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 suchlonger period as the Court may in any case allow, appeal from such decision tothe Supreme Court which on the determination of any such appeal may make suchorder 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 theprovisions of this Act, the following classes of land shall be closed toprospecting or mining or entry upon or occupation under any prospector's rightor mining tenement:

(a) any Fijian village;

(b) any land used as aplace of burial or set apart for any public purpose;

(c) any land within 30 mof an inhabited house or building, except with the consent in writing of theowner or occupier thereof;

(d) any land under cropand land ploughed or otherwise cultivated and rendered fit for planting andhabitually used for the planting of crops, except with the consent in writingof the owner or occupier thereof;

(e) any land within theboundaries of any city or town except with the consent of the owner of surfacerights;

(f) any land reserved forthe purpose of any railway or public road or within 15 m of any such railway orroad, except with the consent of the owner thereof, or, as the case may be, thePermanent Secretary for Works;

(g) any land within 60 mof any spring in use as a source of water supply or any area declared as a catchmentarea for water supply purposes or any artificial reservoir, water-works orwater supply buildings, except with the consent of the Commissioner of WaterSupply;

(h) any reserved forest,declared as such under the provisions of the Forest Act, except with theconsent of the Conservator of Forests;
(Cap. 150.)

(i) any land which theMinister may, by order, close to prospecting or mining or entry upon oroccupation 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 theprovisions of subsection (1), it shall be referred to the Minister whosedecision shall be final.
(3) In any area so closed, the Director may, subject to the approval of theMinister, grant a mining tenement to any person on such terms and conditions,including conditions relating to immediate and prospective damage andcompensation therefor, whether in accordance with the provisions of this Act ornot, as the Minister may think fit, but, save as varied by any such terns andconditions, the provisions of this Act shall be applicable to any such miningtenement.
(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 theBoard in the same as an appeal lies to the Board from any decision of theDirector but the decision of the Board shall be final. If the Board givesconsent it may impose such conditions as to prospecting or mining as it thinksfit whether in accordance with the provisions of this Act or not.

Adjacent land in certain cases to be closed toapplication

12. At any time after the presentation of anapplication for a prospecting licence the Director may, by notice in theGazette, declare that such adjacent land as may be specified in such noticeshall be closed to marking out for the purpose of applying for a prospectinglicence for such period as he may decide.

Compliance with Companies Act

13.(1) No mining tenement shall be granted to anycompany incorporated outside Fiji unless such company has first complied withthe provisions of Part XII of the Companies Act.
(Cap. 247.)
(2) Any mining tenement granted to any incorporated company may be cancelled bythe Director if such company fails to comply with any of the provisions of theCompanies Act which may be applicable to such company.
(Cap. 247.)

Power of attorney etc.

14.(1) On payment of the prescribed fee, the holder ofany mining tenement may authorise and appoint by power of attorney any personto act for him or on behalf in respect of any share or interest in suchtenement, and a certified copy of such power of attorney shall be filed withthe Director.
(2) If the holder of a mining tenement does not reside on his tenement or, inthe opinion of the Director, does not reside sufficiently near thereto to givecontinuous supervision of the prospecting or mining operations being conductedon such tenement he shall, at all times, have so residing a responsible personin charge of such operations and shall forthwith notify the Director of theappointment 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 fora mining tenement shall at the time of such application register at the officeof the Director the name of an accredited agent residing in Fiji, and suchagent shall, when registered be personally responsible under the provisions ofthis Act for all matters, acts and omissions in connexion with such tenement inthe same manner as if such tenement were granted in his name as his ownproperty.
(2) If at any time any such partnership or company revokes the registration ofits accredited agent, it shall register some other person as its accreditedagent.
(3) A registered accredited agent may at any time resign his appointment bygiving notice in writing to the Director, but such resignation shall not takeeffect until the expiration of forty-eight hours after the receipt of suchnotice by the Director.
(4) Within forty-eight hours after receipt of notice from the Director of thefact that its registered accredited agent has resigned, the partnership orcompany 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 membersof a partnership of any obligations imposed under the provisions of this Act inregard to any mining tenement held by such company or partnership.

Deposits

16.(1) As a guarantee for the due performance of anyobligation imposed by the provisions of this Act, the Director may require anyperson, either on first making application for a mining tenement or at any timeduring the currency thereof, to deposit with him such sum as he may specify, orsuch guarantee in a like amount as may be approved by him, and if such personfails to make such deposit within thirty days or such further time as theDirector may specify, the application may be refused or the mining tenementsuspended or cancelled:
Provided that on the application of the owner or occupier of any land beingprospected, the Director may require-

(a) a deposit or anincreased deposit from the holder of a prospector's right; or

(b) an increased depositfrom the holder of a mining tenement.

(2)Where, after due notice, a person has failed to meet any imposed upon him bythe provisions of this Act, the Director may take such steps he shall deempracticable to fulfil such obligation and, for such purposes, may expend fromany deposit whatsoever made by that person such sum as he shall considerreasonable. Any expense incurred by the Director in so doing shall be a lawfuldeduction from such deposit.
(3) Where any deposit or portion thereof has been expended in accordance withthe provisions of subsection (2), the Director may by notice in writing requirethe depositor to deposit, within such time as the Director may specify in suchnotice, a further sum equal to the amount so expended. Failure to do so withinthe time so specified shall render any prospector's right or mining tenementheld by the depositor liable to suspension or cancellation.
(4) Upon the cancellation of any prospector's right or mining tenement inrespect of which any sum has been deposited with the Director, the person bywhom such sum was deposited or in whom the right of refund has been vestedtransfer, may make application in writing to the Director for the refund ofsuch deposit or balance thereof and the Director may authorise such refund tobe made:
Provided that -

(a) the Director shall withhold such refund for suchtime as he may so that he may make any investigations he considers desirableinto the obligations of the person entitled to such refund; and

(b) such refund shall be without prejudice to anyclaim or proceedings existing or which may arise through the breach by theholder 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 sumdeposited under the provisions of this section shall be vested in thetransferee.

 

PART II-PROSPECTING AND MINING

Applicant or transferee to prove to Director thathe has necessary means to prospect or mine

17. The Director may call upon any applicant for amining tenement, or any proposed transferee thereof, to prove in such manner ashe may direct and to his satisfaction, that the applicant or proposedtransferee has the working capital necessary to prospect or mine the area inquestion and for the payment of compensation which may be payable to the ownersor occupiers of the land in respect of which the tenement is required, and isin a position to carry on bona fide and efficient prospecting or mining.

Director may grant prospector's right and miningtenement

18. (1) Subject to the provisions of this Act and toany general or special directions of the Minister, the Director may grant -

(a) prospector's rights;

(b) prospecting licences;

(c) special prospectinglicences;

(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 theparticulars of every application for a mining tenement which is presented tohim 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 inFiji. The owner or occupier of any land affected by the application, or anyother applicant for a mining tenement in respect of the whole or any part ofsuch land, may, within thirty days of the date of publication of the later ofsuch advertisements, object to the grant of such tenement. Every objection madeunder the provisions of this subsection shall be made by notice in writing tothe 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 anapplication for a mining tenement is not proceeded with within a period ofsixty days from the date on which the approval of the grant is notified by theDirector to the applicant, or in the event of an appeal against such approval,within sixty days after the final determination of such appeal, whichever isthe 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 incurredby the Director in dealing with the application.

Government officers prohibited from acquiringrights

19. No public officer shall directly or indirectlyacquire or hold any right or interest under any prospector's right or miningtenement, and any lease, licence, right, permit or other document or dealingpurporting to confer any such right or interest on any such officer shall benull and void:
Provided that, with the permission of the Permanent Secretary responsible forcivil service matters, a person temporarily employed by the Government mayretain any such right or interest acquired prior to accepting Governmentemployment.

Implied covenants in all mining tenements

20. (1) In every mining tenement, unless a contraryintention appears therein, there shall be implied the following covenantsagainst the holder, his executors, administrators, successors or assigns:

(a) that he will pay rentor fees in advance without demand at the time prescribed; and

(b) that he will use theland continuously and bona fide for the purposes for which the mining tenementwas granted and in accordance with the provisions of this Act.

(2)Every mining tenement shall refer to a specific parcel of land which shall bedeemed to be bounded by vertical planes from the surface boundary lines drawndownwards to an unlimited depth from the surface.
(3) The holder of a mining tenement shall not be entitled to take or use anywater artificially conserved by the owner or occupier of any land without theconsent of such owner or occupier.
(4) On any land the subject of a mining tenement, the holder of such tenementmay, for the more convenient occupation and use of such land -

(a) cut take and usewithout payment therefore any tree not be in tree or a tree of the sandalwoodspecies or Yasidina (Santalum yasi) or a tree included in class 1, 2 or 3 inthe First Schedule to Regulations; and

(b) remove any undergrowthgrowing thereon; but

(c) shall not fell anyplanted tree or the sandalwood species or (Santalum yasi) or any tree includedin any of the aforesaid without the consent of the owner or occupier of suchland:

Providedthat in the event of such owner or occupier refusing to consent to the fellingof 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 theprescribed fee the consent of the Director, be surrendered at any time:
Provided that-

(a) at the time of suchsurrender all terms, covenants and conditions on the part of the holder to beobserved or performed have been duly observed and performed;

(b) such surrender shallnot affect any liability incurred by the holder before such surrender shallhave taken effect; and

(c) no fees or rent shallbe refunded.

Surveys

22. (1) Every mining lease and special mining lease,and every road access licence and special site right held in connexion with amining lease or special lease, shall be surveyed in accordance with theprovisions of the Surveyors Act, subject to such modifications as may berequired under the provisions of this Act.

(Cap 260.)

(2)Every applicant for any such mining tenement shall, in addition to any otherdeposit required under the provisions of this Act, deposit with his applicationthe sum of forty dollars in respect of the survey fee, and if such applicationis refused before survey is made the amount so deposited shall be returned tothe applicant.
(3) If the application for such a mining tenement is approved, the applicantshall be notified of the estimated amount of the survey fee, and if such fee isin excess of the amount specified in subsection (2), he shall be required todeposit the amount of such excess with the Director within thirty days of beingso notified:
Provided that upon completion of survey and the receipt of plans in due orderthe Director shall determine the exact amount payable by the applicant andshall cause any corresponding adjustment to be made in the amount previouslydeposited by the applicant in respect of the survey fee.
(4) The Director may require a survey of any other mining tenement to be madein accordance with the provisions of this section and for such purpose mayrequire the holder of, or applicant for, such tenement to deposit with him theestimated amount of the survey fee.

Grant of prospector's right

23.(1) The Director or an authorised officer may grantto any person a prospector's right on application being made in the prescribedform in writing upon the payment of the prescribed fee:
Provided that a prospector's right shall not be granted -

(a) to any person who isunder twenty-one years of age;

(b) to any person who isunable to prove to the satisfaction of the officer issuing the right that hecan understand the provisions of this Act to such extent as to enable him tocarry out the obligations imposed by it;

(c) to any person to whomthere has previously been issued a prospector's right which has not beensurrendered or cancelled and which is in all other respects still valid;

(d) except with theconsent of the Minister, to any person who has been convicted of an offence underthe 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 orfraud, 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 partnershipbut may be granted to an individual as agent of a company or partnership and insuch case application shall be made by the individual in person who musteither-

(a) be the lawfullyconstituted attorney of the company or partnership;

(b) produce a document inwriting signed by a director or responsible manager or partner or agent of thecompany or partnership, containing an undertaking by the company or partnershipto be responsible for the acts and omissions of the individual, who shall alsobe responsible for his own acts and omissions.

(3)A prospector's right shall not be transferable and shall be in force for aperiod 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 onwhich the holder thereof is prospecting.

Rights and obligations under prospector's right

24. (1) Subject to the provisions of this Act and toany law relating to drainage, land conservation and the control of naturalwater supplies, the holder of a prospector's right may -

(a) enter any land open toprospecting having first given notice in writing to the owner or occupier ofhis intention to do so, such notice to include the name and address of theprospector and the number of prospector's right:

Providedthat he shall not enter on-

(i)unalienated native land unless he shall have sent copies of such notice to theNative Land Trust Board and to Commissioner for the Division in which such landis situated, and has complied with all reasonable directions given by suchCommissioner for the maintenance of amicable relations between such prospectorand the native owners;

(ii)land the subject of a prospecting licence or special prospecting licence exceptwith the consent in writing of the holder prospecting licence or specialprospecting licence;

(iii)land the subject of a permit to mine, mining lease or special mining lease, forprecious metals or precious stones;

(iv)land the subject of a permit to mine, mining lease or special mining lease, forminerals other than precious metals or precious stones except with the consentin writing of the holder thereof and then only for the purpose of prospectingfor minerals other than those specified in the permit to mine, mining lease orspecial mining lease:

Notwithstandinganything contained in this proviso the Director may, if in his opinion anyconsent required by sub-paragraphs (ii) or (iv) is being unreasonably withheld,waive the requirement for consent therein contained subject to such conditionsas he may see fit to impose and any such waiver shall be a decision of theDirector;

(b) prospect for allminerals except minerals for which prospecting is forbidden or restricted underthe provisions of section 4;

(c) remove any undergrowthand cut, take and use for prospecting purposes without payment therefor, anytree 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 tothe Forest Regulations:

Providedthat the Director may impose restrictions on or regulate the clearing of treesor bush when such clearing shall appear to him likely to interfere with thecourse of any stream or to cause erosion;

(Amended by 13 of 1977, s. 11.)

(d) sink shafts and pitsor dig holes and trenches but shall not remove over burden from ground whichcan reasonably be tested or sample by pits not exceeding four feet square or bybore holes:

Providedthat-

(i)such excavations shall be fenced or secured, and on the prospector leaving theneighbourhood, filled up in such a manner as to prevent persons or livestockinadvertently entering therein; and

(ii)if any holder of a prospector's right neglects to comply with provisions ofthis paragraph, the Director shall have the right to cause such excavations tobe filled up or to take such other protective measures as may be necessary andfor so doing may charge such holder such sum as the Director considersreasonable, and such sum shall be a lawful deduction from any amount depositedby such holder with the Director under provisions of this Act. Such filling upby the Director and the payment of such sum by the holder shall not exempt theholder from his liability under the provisions of this Act or any other law forhis failure to fill up such excavations;

(e) use so much water froma water-course as will enable him to test the mineral-bearing qualities of theland by washing, sluicing or other means:

Providedthat where, in the opinion of an inspector, such use of water interferes withor is likely to interfere with any existing user of water, or to interrupt oradversely affect the quality and flow of any water, the holder shall cease suchuse, on being required to do so by the inspector, until he has made sucharrangements as will satisfy the inspector;

(f) mark out and apply fora mining tenement.

(2)In the event of the owner or occupier of any land entered by any prospectorunder the provisions of subsection (1) making representations to the Directorconcerning the activity of such prospector on that land, the Director or aninspector may give such directions to the prospector as the Director or suchinspector may give such directions to the prospector as the Director or suchinspector considers necessary for the purpose of avoiding friction between suchprospector and the owner or occupier of such land and the prospector shall -

(a) comply with suchdirections; and

(b) if so required by theDirector or an inspector, desist from prospecting on such land until amicablerelations are, in the opinion of the Director or an inspector, establishedbetween 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 givingof notice therein required to be given shall be sufficiently complied with bypost such notice by registered post to the last known address of the owner oroccupier of the land, or if such address is not known to the prospector andcannot ascertained by the exercise of reasonable diligence, by affixing suchnotice in a conspicuous position on such land in such manner that it can beeasily seen by a person entering upon such land.

Ancillary rights and restrictions under aprospector's right

25.(1) -Whilst engaged in bona fide prospecting theholder of a prospector's right may -

(a) on any unimprovedland-

(i)erect a temporary camp and such temporary structures as may be necessary andenter into temporary occupation thereof :

Providedthat if the owner or occupier of such land shall so require, the camp andstructures 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 hisdomestic use from any spring, water hole, lake, river or stream:

Providedthat he shall not be entitled to take or use any water artificially conservedby the owner or occupier of any land without the consent of such owner oroccupier.

(2)A prospector shall not burn any grass, bush, forest, undergrowth or otherstanding vegetation or cause or permit the same to be burned, except at suchtimes and in accordance with such conditions as may, from time to time, bespecified by the Director by notice in the Gazette and in one newspapercirculating in Fiji.
(3) The holder of a prospector's right shall pay compensation to the personsentitled thereto for all damage done to the surface of any land or to animprovements thereon, in exercise of the liberties and powers conferred by suchright, and such compensation shall become payable at the time when such damageoccurs.

Grant of prospecting licences

26. (1) Subject to the provisions of this Act and toany terms and conditions not inconsistent therewith that he may think fit, theDirector may grant a prospecting licence over an area, not exceeding 400 ha toprospect 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 agentwho is the prospector's right, given notice as required under the provisions ofparagraph (a) subsection (1) of section 24 and, before the expiry of such notice, marked out in theprescribed 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 prescribedform and shall be accompanied by the prescribed fees.

(3)(a) Before granting anyprospecting licence the Director may require the applicant to deposit a bondwith or without sureties in the sum of one hundred dollars or such greater sumas the Director may think fit.

(b) The bond shall begiven to the Director by the applicant or by some other person approved by theDirector and shall be conditioned upon the due execution and observance of allthe covenants, terms and conditions of the licence when granted.

(c) The sum mentioned inthe bond given under the provisions of this subsection shall not be a penaltybut shall be liquidated damages and recoverable in full unless the persongiving the bond proves performance of every condition upon which the bond isdefeasible.

(4)On the application of the holder the Director may add to or vary the mineralsspecified in any prospecting licence.
(5) A prospecting licence may be granted for such period as may be prescribedand 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, theholder of a prospecting licence shall have the exclusive right to prospect forthe mineral or minerals specified in his licence on the land the subject of hislicence, and for such purposes may -

(a) enter upon such landwith his servants and agents and thereon exercise all or any of the rightsconferred upon the holder of a prospector's right by the provisions of thisAct;

(b) on and over anyunimproved land the subject of his licence, erect and maintain such machineryand plant and construct such passageways, as may be necessary.

(2)The holder of a prospecting licence who shall have fulfilled all conditionsattached thereto may, upon payment of the prescribed fees -

(a) apply for extension ofsuch licence at any time before such licence expires or within seven daysthereafter;

(Amended by 7 of 1966, s. 41.)

(b) mark out any reducedarea or areas within the land the subject of such licence if applying for anextension of such licence in respect of such reduced area or areas only;

(Amended by 7 of 1966, s. 41.)

(c) mark out and apply forthe grant of any other mining tenement or tenements over the whole or any partof the land the subject of his licence.

Disposal of minerals obtained in prospecting

28. All minerals obtained in the course of prospectingunder a prospector's right or prospecting licence shall be the property of theCrown and shall not be removed from the vicinity whence they were obtained nordisposed of by the holder of the right or licence without the consent inwriting of the Director, except in so far as may be necessary for the purposeof sampling and assay.

Grant of permit to mine or mining lease cancelsprospecting licence

29. A prospecting licence shall be cancelledautomatically by the grant to the holder of such prospecting licence of apermit to mine, mining lease or special mining lease over the whole or any partof 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 prospectinglicence in respect of the whole or any part of the land the subject of thelicence so cancelled but not the subject of such permit or lease, hisapplication for such new prospecting licence shall be given priority over allother 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 theapproval of the Minister, grant special prospecting licences upon such termsand 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 andconditions, the provisions of this Act applicable to a prospecting licenceshall be applicable to all such special prospecting licences:
Provided that, unless an applicant satisfies the Director that there areunusual circumstances which warrant it, a special prospecting licence shall notbe 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 formprescribed for a prospecting licence.

Grant of permit to mine

31.(1) Subject to the provisions of this Act and toany terms and conditions not inconsistent therewith that he may think fit, theDirector 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 agentwho is the holder of a prospector's right, given notice as required under theprovisions of paragraph (a) ofsubsection (1) of section 24and, before the expiry of such notice, marked out in the prescribed manner thearea over which the permit to mine is applied for; or

(b) to the holder of aprospecting licence in respect of the whole or any part of the land the subjectof that licence.

(2)A permit to mine shall be of such shape and size as may be prescribed and maybe granted for a period of two years commencing from the date of the grant ofthe permit.
(3) A permit to mine may be extended for a period of one year in respect ofeach such extension.

(Amended by 7 of 1966, s. 41.)

(4)Whenever the Director shall be satisfied that the mineral bearing qualities ofthe land or any portion thereof the subject of a permit to mine are such as tojustify the grant of a mining lease or mining leases over all or any part fsuch 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 partof the land the subject of such permit, as from a date being not earlier thanthree months after the date of such notice. On making application therefor inthe prescribed form and on payment of the prescribed fees, not later than onemonth before the expiry of such notice, the holder of such permit shall beentitled to the grant of a mining leas or mining leases over the whole or anypart of the land specified in such notice a d until the grant of any lease orleases so applied for such permit to mine shall remain in full force and effectin respect of the land the subject of such application.
(5) The holder of a permit to mine cancelled under the pro subsection (4) shallhave a preferential claim to a permit to mine in respect of any portion of theland the subject of the cancelled permit for which no application for mininglease 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 toany terms and conditions not inconsistent therewith that he may think fit, theDirector may grant a mining lease -

(a) to any person who,being the holder of a prospector's right, has, either personally or by an agentwho is the holder of a prospector's right, given notice as required under theprovisions of paragraph (a) of subsection (1) of section 24 and, before the expiry of suchnotice, marked out in the prescribed manner the area over which the leaseapplied for;

(b) to the holder of aprospecting licence in respect of the whole or any part of the land the subjectof that licence; or

(c) to the holder of apermit to mine in respect of the whole or any part of the land the subject ofthat permit.

(2)A mining lease may be granted for such term being not less than five nor morethan twenty-one years as the Director may think fit. The date of commencementof such term shall be the date of the grant of the lease or such other date asthe Director may decide:
Provided that if a mining lease is granted to the holder of a permit to mineover the whole or any part of the land the subject of such permit, such leaseshall commence from the date of the grant of such permit.
(3) If at the expiration of the term originally granted or of any extensionthereof the holder of a mining lease shall -

(a) be conducting miningoperations thereon in a normal and businesslike manner; and

(b) have given two months'notice in writing in that behalf,

thenhe shall, on payment of the prescribed fees, be entitled to obtain an extensionthereof for a further term not exceeding twenty-one years upon the conditionswhich are then generally applicable to new mining leases:
Provided that he shall not be so entitled if the lease is liable tocancellation 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 ormining lease shall be m in the prescribed form and shall be accompanied by theprescribed fees, together with a deposit for the first half year's rent andsuch 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 theapplication is refused or otherwise disposed of, be deemed to have sufficienttitle to the land the subject of the application and to the minerals thereincontained support an action or prosecution for trespass.

Rights under permit to mine and mining lease

34.-(1) Subject to the provisions of thisAct, the holder of a permit to mine or mining leaseshall have the exclusive right to mine on or under the land the subject of histenement for the mineral or minerals specified in his tenement and remove ordispose of any such mineral or minerals, and for such purposes may

(a) make all necessaryexcavations;

(b) erect, construct andmaintain houses and buildings for the use c himself, his servants and agents;

(c) erect, construct andmaintain such machinery and buildings, workshop, and other erections as may benecessary or convenient;

(d) stack or dump anyproducts of mining;

(e) lay water pipes andmake water races and ponds, dams and reservoirs and divert any water on orflowing through the land the subject of his tenement:

Providedthat any water so diverted shall be returned to its natural channel before itleaves such land;

(f) construct and maintainall such passageways, communications and conveniences as may be necessary orconvenient.

(2)Before commencing any mining operations or any new mining operation on or underany land the subject of any permit to mine or mining lease, every personentitled to mine on or under such land shall give to the owner or occupier ofsuch land, notice, in such manner as may be prescribed, of his intention tocommence such operations and of the nature of any such operations of whichprevious notice has not been given.

Provisions applicable when precious metals orstones are found on land held under permit to mine or mining lease for otherminerals

35. (1) Any person who finds any precious metals orprecious stones on or under any land the subject of an existing mining tenementheld by any other person may, unless such precious metals or precious stonesare specified in the mining tenement held by such other person, apply for aprospecting licence, permit to mine or mining lease for the purpose ofprospecting for or mining such precious metals or precious stones and, subjectto the compliance by such person with the provisions of thisAct relating to the grant of the mining tenement soapplied for, the Director may grant such mining tenement to such person overthe 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 ofsubsection (1) shall not be entitled to exercise any of the rights conferred bysuch mining tenement so as to interfere with any workings in the actual u ofthe holder of any other mining tenement previously granted in respect of thesame land and shall not prospect or mine on or under any land within 185m fromany 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 theholder of any such other tenement. In the event of any dispute as to whetherany workings are in actual use or whether any works are used for the reductionof treatment of minerals, the Director may decide the dispute or refer the sameto arbitration.

Provisions applicable when person desires to mineother minerals

36. On the application of the holder of any permit tomine or mining lease, the Director may alter or vary such permit to mine ormining lease so as to enable the holder thereof to mine for any mineral orminerals not specified in such permit or lease.

Special mining lease

37.-(1) Notwithstanding the provisions of section 32, the Director may, subject to theapproval of the Minister, grant special mining leases upon such terms andconditions, whether in accordance with the provisions of thisAct or not, as the Minister may think fit but save asvaried by any such terms and conditions the provisions of thisAct applicable to a mining lease shall be applicableto all special mining leases.
(2) The application for a special mining lease shall be in the form prescribedfor a mining lease.

Grant of special site right

38.(1) Subject to the provisions of thisAct and to any terms and not inconsistent therewiththat he may think fit, the Director may grant site right to the holder of amining tenement who, being the holder of a prospector's right, has, eitherpersonally or by an agent who is the holder of a prospector's right, givennotice as required under the provisions of paragraph (a) of subsection (1) ofsection 24 and, before theexpiry of such notice, marked out in the prescribed manner the area over whichthe right is applied for.
(2) Every application for a special site right shall be in the prescribed formand shall be accompanied by the prescribed fees, together with a deposit of thefirst half year's rent and such deposits as may be required under theprovisions of sections 16 and 22.
(3) Notwithstanding any arbitration which may be requested or proceeding, thegrant of a special site right shall be sufficient authority for the holder toenter into occupation of the land the subject of such right for the purposestherein.
(4) Special site rights may be granted for such purposes, for such period suchmanner as may be prescribed, in respect of the following acts or things:-

(a) the construction anduse of passageways other than roads;

(b) water-rights;

(c) erection of machinery;

(d) disposal of earth andtailings; and

(e) erection of furnaces:

Providedthat:

(i)the Director may issue special site rights for such other purposes in respectof water or land as may, in his opinion, be necessary or advisable for theconduct of prospecting or mining operations or for any other purposes connectedwith mining;

(ii)water-rights for the generation of electric power shall not be granted underthe provisions of this section unless such electric power is to be used by theholder of a mining tenement for the purpose of prospecting or mining operationsconducted on such tenement;

(iii)nothing in this Act shall affect any right to use water under theprovisions 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 beprescribed 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 rightmay be surrendered in the manner provided by section 62 of the LandTransferAct.
(Cap. 131.)

Road access licences

39.(1) No person shall, in the exercise of any rightsconferred on him under the provisions of this Act, construct any road on or over any land not beingthe subject of a mining tenement held by him without first obtaining a roadaccess licence empowering him to do so:
Provided that the holder of a mining tenement shall have the right ofpedestrian access for himself, his servants and agents, to and from histenement, and for that purpose may pass without hindrance over any unimprovedland.
(2) Subject to the provisions of this Act and to any terms and conditions not inconsistenttherewith that he may think fit, the Director may grant a road access licenceto the holder of a mining tenement, who, being the holder of a prospector'sright, has, either personally or by an agent who is the holder of aprospector's right, given notice as required under the provisions of paragraph (a)of subsection (1) of section 24and, before the expiry of such notice, marked out in the prescribed manner thearea 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 suchlicence and to construct roads thereon.
(4) Every application for a road access licence shall be in the prescribed formand shall be accompanied by the prescribed fees together with a deposit of thefirst half year's rent and such deposits as may be required under theprovisions of sections 16 and 22.
(5) A road access licence may be granted for such periods as may be prescribedand 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 adjusthis marking out to follow such route as the Director shall consider reasonableand 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 theprovisions of this Act shall expire when such mining t terminated orabandoned for any reason whatsoever and thereupon shall, if required by theowner or occupier, restore the surface of the former state so far as ispracticable, 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 whowishes to use such road may apply for a road access licence over the whole or anypart of the land the subject of the expiring licence and if such licence isgranted the obligations of the holder of the expiring licence under theprovisions of this subsection shall cease in respect of the land the subject ofthe licence so granted.
(9) The holder of a road access licence shall not hinder or prevent any otherperson from passing over the land the subject of that licence:
Provided that -

(a) where any person usessuch road in such manner as to do a damage thereto or to enhance substantiallythe cost of upkeep thereof, the holder of the licence may require him tocontribute 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 withthe free use and enjoyment thereof by the holder of the licence, the holder ofthe licence may require him to limit his use of the road so as to remove suchinterference.

(10)If any dispute arises in connexion with damage, upkeep or interference underthe provisions of subsection (9), any person affected by such dispute may lodgea 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 thesubject of a road access licence the holder of such other tenement may theholder of the road access licence to deviate the road and the cost of suchdeviation shall be borne by the holder of such other tenement:
Provided that the approval of the Director shall first be obtained before anysuch deviation may be required and, if he approves the deviation, the Directorshall amend the road access licence accordingly.

 

PART III-DAMAGE AND COMPENSATION

 

Compensation payable for damage to surface of landand improvements thereon

40. (1) It shall be an implied condition of everymining tenement holder thereof shall pay compensation to the persons entitledthereto for all damage done to the surface of any land and to any improvementsthereon by any prospecting, mining or other operations conducted on such landby the holder of such mining tenement under the authority of any of theprovisions of this Act:
Provided that in determining the amount of any such compensation no allowanceshall 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 mutuallyagreed between the holder of the mining tenement and the persons entitled tosuch compensation.
(3) If the parties are unable to agree as to the amount of compensationpayable, then the Director may, either of his own initiative or at the requestof any of the parties, assess the amount of compensation payable or likely tobecome payable and shall thereupon give notice in writing of such assessment tothe parties affected by it, and require the holder of the mining tenement todeposit with him the amount so assessed or, in lieu thereof, such guarantee inlike amount as may be approved by him. Until such amount or guarantee in lieuthereof is deposited with the Director the holder of the mining tenement shallnot be entitled to use occupy the land the subject of his tenement.
(4) Any party affected by any assessment made by the Director under provisionsof subsection (3) who is dissatisfied with such assessment, may, by request inwriting, require that the question be referred to arbitration:
Provided that every such request shall be made to the Director within thirtydays of the date of such assessment or within such further time as the Directormay think fit and a copy of every such request shall be delivered in like timeto every other party affected by such assessment.
(5) Compensation payable under the provisions of this section for damage doneto any improvements shall be payable at the time when such damage occurs but inthe case of damage to the surface of any land compensation for such damageshall not become payable until the mining tenement is terminated:
Provided that the holder of a mining tenement may make an advance payment ofcompensation for any damage done or likely to be done to the surface of theland the subject of his tenement and such payment shall be set off against hisliability on the termination of his mining tenement.
(6) When land is restored in accordance with the provisions of section 43, no compensation shall be payablein 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 subjectof a mining tenement, no compensation shall be payable under the provisions ofthis section for any damage done to an improvements effected to such land afterthe date on which surface rent began to be payable.
(8) Any person who has received compensation under the provisions of thissection for damage done to any improvements on any land the subject of a miningtenement shall not be entitled to claim any further compensation in respect ofthe same damage but shall be entitled from time to time to receive such furthercompensation as the Director may determine for any further damage done to anyimprovements on such land by the operations of the holder of such miningtenement.

Surface rent payable for disturbance of surface rights

41.(1) It shall be an implied covenant of every miningtenement, other than a prospecting licence, that the holder thereof shall paysurface rent to the person entitled to the surface rights of any land thesubject of such tenement as compensation for any disturbance of such surfacerights by any prospecting, mining or other operations conducted on such land bythe holder of such mining tenement under the authority of any of the provisionsof this Act:
Provided that, in respect of a permit to mine, mining lease or special mininglease, surface rent shall be payable only in respect of that portion of thesurface of such land which the holder of such permit or lease is entitled touse an occupy.
(2) The amount of surface rent payable shall be mutually agreed in writingbetween the holder of the mining tenement and the person entitled to thesurface rights of the land the subject of such tenement and every suchagreement or a certified copy thereof shall be filed in the office of theDirector on payment of the prescribed fee.
(3) If the parties are unable to agree as to the amount of surface rent payablethe provisions of subsections (3) and (4) of section 40 as to assessment of compensation shall apply mutatismutandis.
(4) Surface rent shall be paid to the person entitled thereto half - yearly inadvance in each January and July and evidence of such payment shall bepresented to the Director within fourteen days of such payment:
Provided that before commencing any operations on the land the subject of histenement the holder of every mining tenement in respect of which surface rentis payable shall pay surface rent on a pro rata basis up to the end ofthe next ensuing half year.

Director may suspend and cancel tenement

42. If, in any case where the holder of a miningtenement is required to pay compensation under the provisions of this Part,payment is in arrears or the amount deposited is insufficient, the Director maysuspend such mining tenement, until the amount payable has been paid and untilsuch holder has deposited with him such further sums as may be demanded assecurity for further payments, and, if such payment and deposit is not madewithin such time as the Director may consider reasonable, the mining tenementmay be cancelled in accordance with the provisions of section 65.

Restoration of land

43.(1) During the currency of any mining tenement theDirector may direct the holder thereof to restore the surface of the land thesubject of such tenement where such surface has been disturbed by prospectingor mining operations. Such requirements of restoration shall be embodied in anappendix to such tenement before issue or by attachment thereto upon dueservice of such order.
(2) When any mining tenement is terminated or abandoned for any reasonwhatsoever, the person whose tenement has been terminated or abandoned shall,not later than thirty days from the date of termination or abandonment of thetenement, fill up all shafts, pits, holes and other excavations or otherwisesecure them in a permanent manner so as to prevent persons or livestockinadvertently entering therein, and shall remove all posts marking out the landthe subject of the tenement; and shall within such period certificate to theDirector that he has complied with the provisions of this section as to thefencing or filling up of shafts, pits, holes and other excavations and theremoval of posts:
Provided that no such person shall be liable for filling up or securing anyexcavations 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 shownon the plans submitted with his application, the position, of these excavationsin relation to the boundaries of the land, or if he submits within a period ofone month from the date of grant of the tenement, a plan showing the positionof 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 withinprescribed time, the Director shall have the right to cause such excavations tobe filled up or secured and for so doing may charge such person such sum as theDirector considers reasonable, and such charge shall be a lawful deduction fromany amount deposited by such person with the Director under the provisions ofthis Act:
Provided that such filling up or securing by the Director and the payment ofsuch charge shall not exempt such person from his liability under theprovisions of this Act or any other law for his failure to fill up orsecure such excavations.
(4) Where a mining tenement is renewed in respect of a reduced area only, theprovisions of subsections (2) and (3) shall apply to the land not included inrenewal.

 

PART IV-REGISTRATION, APPROVAL AND STAMPING OFDOCUMENTS

Registration of prospector's rights, prospectinglicences and permits to mine

44. (1) The Director shall keep a register called the"Register of Prospectors' Rights" in which shall be recorded the namein full, the place of residence and the occupation of every person to whom aprospector's right is granted.
(2) Every prospecting licence, special prospecting licence and permit to mineshall be recorded in registers to be kept by the Director called the"Register of Prospecting Licences" and the "Register of Permitsto Mine".

Mining leases, special site rights and road accesslicenses 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, tobe kept by the Registrar of Titles called the "Register of MiningLeases", the "Register of Special Site Rights" and the"Register of Road Access Licences".

(2)On registration, every mining lease, special mining lease, special site rightand road access licence shall be subject to the provisions of the LandTransfer Act in so far as suchprovisions are not inconsistent with the provisions of this Act, in the same manner as if such lease, right orlicence 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 inrespect of any mining lease, special mining lease, special site right or road accesslicence, 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 suchlease, right or licence) in the same manner as if such lease, right or licencewere a lease under the provisions of that Act.
(Cap. 131.)
(4) In the event of any mining lease, special mining lease, special site rightor road access licence being granted over any alienated or native land theinstrument of title of the owner of such land shall be referred to in suchlease, right or licence and on registration thereof the Registrar of Titlesshall give notice of such registration to the holder of the duplicateinstrument of title to the land affected by such registration and shall enter amemorial of the lease, right or licence on instrument of title and on theduplicate thereof, if produced to him.

Director's consentrequired to deal in tenement

46.(1) The holder of a mining tenement or of anyinterest therein shall not transfer or otherwise deal in his right or interest,or any part or share thereof in any manner whatsoever without first obtainingthe approval in writing of the Director and no evidence of any such dealingshall be admissible in any court unless such prior approval has been obtained:
Provided that the Director shall not, without the prior consent of theMinister, grant such approval in the case of a mining tenement the grant ofwhich 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 andshall state the full and true consideration passing between the partiesthereto, otherwise the dealing shall be null and void.

(3)(a) Every dealing in a miningtenement shall be presented to the Director for the endorsement of his approvaltogether 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 shallendorsed unless it is stamped to the satisfaction of the Commissioner of StampDuties.

(b) Every such dealingshall be presented for endorsement and, where necessary, for registration inthe appropriate Register within twenty-one days of the date thereof:

Providedthat the Director or Registrar of Titles may in his discretion, on reasonablecause being shown, extend the time for endorsement or registration.

Agreements relating to mining tenements to bedisclosed

47. Every applicant for or holder of a miningtenement, and every transferee or proposed transferee thereof shall disclose tothe Director every agreement which he has entered into or intends to enter intowith any other person relating to the disposition or working of the tenementand the financing of the prospecting or mining operations intended to beconducted on or under the mining tenement, together with the name, address andoccupation of such person.

Transmission of tenement on death, bankruptcy orunsoundness of mind

48. (1) In any case where the holder of any miningtenement shall -

(a) die;

(b) have a receiving orderin bankruptcy made against him; or

(c) be found to be ofunsound mind under the provisions of any law relating to mental treatment forthe time being in force in Fiji,the obligations imposed upon such holder by thisAct shall not be enforceable until after theexpiration of ninety days -

(i)from the date of the grant of probate or the issue of letters ofadministration;

(ii)from the date of the receiving order; or

(iii)from the date of the appointment of any committee of the estate of the personof unsound mind,

asthe case may be:
Provided that the Director may extend any such period.
(2) The personal representative, receiver in bankruptcy or committee, as thecase may be, of any deceased, bankrupt or person of unsound mind referred to insubsection (1) may make application to the Director or to the Registrar ofTitle as may be appropriate, to be registered as the proprietor of any miningtenement held by such deceased, bankrupt or person of unsound mind. Uponproduction to him of the probate, letters of administration, receiving order,order of appointment or such other evidence as he may require, the Director orthe Registrar of Title, as the case may be, shall cause to be entered in theappropriate 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 entrybeing made such personal representative, receiver in bankruptcy or committee,as the case may be, shall become the registered holder of such mining tenementand the Director or Registrar of Titles, as the case may be, shall note suchregistration by memorandum on the probate, letters of administration, receivingorder or order of appointment produced to him:
Provided that the title to such mining tenement of such personalrepresentative, receiver in bankruptcy or committee shall relate back and takeeffect from the date of death or the date of such receiving order or order ofappointment, 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 ainspector shall be personally liable to any action, suit or proceeding for orin respect of any act or matter bona fide done or omitted to be done in theexercise or supposed exercise of any of the powers conferred on him by theprovisions of this Act.

Government not liable for rent, etc., unpaid andirrecoverable by the Director

50. Neither the Government nor the Minister nor theDirector nor any person acting under their authority shall be liable to anyaction, suit, claim or proceeding for the recovery of any rent, compensation orother charges which may be due and payable but remaining unpaid by any holderof a mining tenement under the provisions of this Act.

Livestock not to be impounded

51. The holder of any mining tenement shall not havethe right to impound, disturb, molest or in any way whatsoever prevent anylivestock from depasturing on the land the subject of his mining tenementunless such land is enclosed by a substantial fence and he has paid surfacerent in respect of such land pursuant to the provisions of section 41.

Proof of documents

52. Subject to the provisions of section 46 andto the provisions of the Stamp Duties Act, in all proceedings in any court theproduction of any document purporting to be a lease, licence, permit, right,certificate or other document issued by the Director or any authorised officerunder the provisions of this Act shall, until the contrary is proved, besufficient evidence that the document is what it purports to be and that it waslawfully issued.
(Cap. 205.)

Director may issue certified and duplicate copiesof documents

53. (1) The Director may issue a certified copy of anyprospector's right, prospecting licence, special prospecting licence, permit tomine, certificate document filed with him on payment of the prescribed fee andsuch certificate copy shall be received in evidence in any court.
(2) Upon the application of the holder thereof the Director may, subject topayment of the prescribed fee and to such conditions as to proof of loss ordestruction as he thinks fit, issue a duplicate of any prospector's right,prospecting licence, special prospecting licence or permit to mine which he issatisfied has been lost or destroyed, and such duplicate shall be available forall purposes and uses and have the same force and effect as the lost ordestroyed right, licence or permit:
Provided that the Director shall not issue such duplicate unless the applicanttherefor has given not less than fourteen days notice in the Gazette and in onenewspaper circulating in Fiji of his intention to make such application.

Royalties
54.
(1) All minerals obtained in the course of prospecting operationsshall be liable to the prescribed royalties and no mineral exported unless suchroyalties are paid or secured in accordance with the prescribed conditions:
Provided that the Director may, by permit in writing, exempt from smallquantities of such minerals exported as commercial samples or specimens or forthe purpose of analysis or experiment as he thinks fit.
(2) Whenever a mineral sample is exported solely for the purpose of analysis orexperiment or as a scientific specimen the person exporting such sample shallobtain a certificate of the result of any analysis of such sample and shalldeliver a certified true copy thereof to the Director within six months of theexport of such sample.
(3) The Minister may, by notice in the Gazette, remit the whole or any part ofany royalties payable by any person in respect of any mineral or minerals forsuch period as may be specified in such notice.

Recovery of rents, etc.

55. Any arrears of rents, royalties or fees payable tothe Crown under provisions of this Act may, in addition to any other legalremedy, be recovered as a civil debt at the suit of the Director or anauthorised officer.

Disputes

56. (1) Any dispute referred to arbitration under theprovisions of this Act shall be referred to a single arbitrator chosen by theparties, or, if they are unable to agree, to an arbitrator chosen by the ChiefJustice. Each party shall have power to appoint an assessor to sit with thearbitrator but the arbitrator alone shall have the power to decide and theaward shall be his alone.
(2) Every arbitration shall take place at Suva or at such other place withinFiji as the single arbitrator shall decide and the procedure thereat shall begoverned 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 onany land in Fiji or mark out any land for the purpose of applying for a miningtenement unless he is the holder of a prospector's right:
Provided that it shall not be necessary that any person employed on the landthe 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 Fijiunless he has first obtained a permit to mine, mining lease or special mininglease 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 fourhundred dollars or to imprisonment for a term not exceeding one year and to theforfeiture 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 outfor a mining tenement any land without first notifying the owner or occupier ofthe 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 afine not exceeding one hundred dollars or to imprisonment for a term notexceeding three months.

Assault on authorised person, etc.

59. Any person who -

(a) assaults, obstructs or resists the Director or aninspector or any authorised officer or any bailiff in lawfully entering uponany land in performance of his duty or in the exercise of his powers under theprovisions of this Act; or

(b) after being removed by any officer authorisedunder 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 sharetherein; or

(c)resists or prevents the taking, using or divertingof any water by any person authorised under the provisions of thisAct to take, use or divert such water,

shallbe guilty of an offence and shall be liable to a fine not exceeding two hundreddollars 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 obtainedthe grant of a mining tenement and thereby induces or attempts to induce anyperson to invest capital in any company or syndicate connected therewith beforehe has obtained the grant of such mining tenement shall be liable to forfeitany claim to the grant thereof, and, if he already holds a prospector's rightor any mining tenement, shall be liable to have his prospector's right and histenement cancelled:
Provided that nothing in this section shall relieve any person from liabilityto civil action or criminal prosecution in respect of the said representation.
(2) Any applicant for a mining tenement or any holder thereof who wilfully orrecklessly gives false information as to any of the matters in respect of whichinformation is or may be required to be given under the provisions of thisAct, shall be guilty of an offence and shall be liableto a fine not exceeding two hundred dollars or to imprisonment for a term notexceeding six months or to both such fine and imprisonment.

Salting or fraudulent deposit of metal andfraudulent sampling

61. Any person who, with intent to defraud, places ordeposits, or is an accessory to the placing or depositing, of any mineral orore in any place, or does any other act, for the purpose of misleading anyperson as to the nature, quality or quantity of the mineral naturally occurringat such place or who, with intend to defraud, mingles or causes to be mingledwith any sample of mineral or ore any valuable mineral or any substancewhatsoever which will increase the value or in any way change the nature of suchmineral or ore, shall be guilty of a felony and shall be liable to a fine notexceeding two thousand dollars or to imprisonment for a term not exceeding fiveyears, or to both such fine and imprisonment.

Attempts to injure underground mines

62. Any person who, with intent to injure or obstructthe working underground mine -

(a) causes water to runinto the mine or into any subterranean pass communicating with the mine;

(b) obstructs any shaft orpassageway of the mine;

(c) obstructs the workingof any machine, appliance, or apparatus appertaining to or used in connexionwith the mine, whether the thing in question is completed or not; or

(d) injures or unfastensany rope, chain or other tackle used in or upon the mine or any passageway orwork appertaining thereto or used therewith,

shallbe guilty of a felony and shall be liable to imprisonment for a term notexceeding seven years.

Penalty for obstructing holder of prospector'sright or mining tenement

63. Any person who interferes with or obstructs theholder of a prospector's right or the holder of a mining tenement, or hisservants or agents, in the exercise of any right, power or liberty conferred bythe provisions of this Act shall be guilty of an offence and shall be liableto a fine not exceeding one hundred dollars imprisonment for a term notexceeding six months.

Penalty for injuring boundary marks

64.(1) Any person who without lawful authoritywilfully breaks, defaces, removes, alters, or in any way interferes with anyboundary mark, peg, pillar, or notice erected or affixed for any of thepurposes of this Act, shall be guilty of an offence and shall be liableto a fine not exceeding one hundred dollars or to imprisonment for a term notexceeding six months.
(2) For the purposes of this section, unless otherwise expressly provided, itshall be unlawful for any applicant for a mining tenement or any holder thereofto move or interfere in any way with any boundary mark purporting to mark outthe area applied for, or held by him, without first obtaining the consent inwriting of the Director.

Cancellation of prospector's right or miningtenement

65.(1) If the holder of a prospector's right or miningtenement -

(a) commits a breach ofany of the provisions of this or any other Act made in connexion with mining, explosives or theemployment of labour or of any of the covenants, terms or conditions of hisright or tenement;

(b) is convicted of anyoffence involving dishonesty or fraud; or

(c) wholly discontinuesoperations under a permit to mine, mining lease or special mining lease for acontinuous period of six months or more without the permission of theDirector,the Director may call upon such person to show cause, within suchreasonable time as the Director may specify, why his prospector's right ormining tenement should not be cancelled and if such person fails to show causewithin the time so specified or if the cause shown is, in the opinion of theDirector, inadequate, the Director may cancel such prospector's right or miningtenement or, in the case of any breach mentioned in paragraph (a), may allow the holder of suchright or tenement to remedy such breach within such time as the Director mayspecify:
Provided that in any case in which he allows the holder of any mining tenementto remedy any such breach the Director may require such holder to pay, inaddition to the rent or fees normally payable in respect of that tenement, apenal rent not exceeding three times the amount of such rent or fees, for theperiod from the commencement of such breach until it is made good to thesatisfaction of the Director. Such penal rent shall be payable monthly withoutdemand and shall be recoverable as rent.
(2) On the cancellation of any prospector's right or mining tenement, allrights and privileges conferred thereby shall cease:
Provided that such cancellation shall not in any way affect the liability ofany person to be sued or prosecuted for any breach of any of the provisions ofthis or any other Act or of any covenant, term or condition of anymining tenement or for the payment of any rent, fees, royalties orcompensation.
(3) The allowance of any time or the payment of any penal rent under theprovisions of subsection (1) shall not in any way affect the liability of anyperson to be sued or prosecuted for any breach of any of the provisions of thisor any other Act or of any covenant, term or condition of anymining tenement.

Penalty for mining minerals other than thosespecified in permit to mine or mining lease

66. If the holder of any mining tenement mines for anymineral other than as specified in his permit or lease, his tenement shall beliable to cancellation and he shall be guilty of an offence and shall be liableto a fine not exceeding one hundred dollars and a further fine not exceedingten dollars for every day on which the offence continues.

General penalty

67. (1) Any person who-

(a) disobeys any of the provisions of thisAct 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 lawfulorder, instruction or condition made, given or imposed by the Director, any inspectoror authorised officer under the authority of this Act,

shallbe 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 aterm not exceeding six months or to both such fine and imprisonment.
(2) Whenever it is proved to the satisfaction of a court that an offenceagainst this Act has been committed by any servant or agent of theholder of any mining tenement, such holder shall be held to be liable for suchoffence and to the penalty provided therefor, unless he proves to thesatisfaction of such court that the offence was committed without his knowledgeor consent and that he had taken all reasonable means to prevent the commissionof the offence:
Provided that nothing contained in this section shall be deemed to exempt anysuch servant or agent from the penalties provided for any such offencecommitted by him.

 

PART VI - REGULATIONS

Regulations

68.(1) The Minister may make regulations prescribingall matters which are required or permitted to be prescribed or which arenecessary or convenient prescribed for carrying out or giving effect to theprovisions of this Act, and in particular for -

(1)the application for and the form and registration of prospectors' rights andmining tenements and the fees payable therefor;

(2)the conditions to be observed and the duties to be performed by holders ofprospectors' 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 thearea, boundaries and other particulars of land the subject of a mining tenementare 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 bemined 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 andthe 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 accommodationrequired for labourers and the minimum number of labourers to be employed onmining tenements;

(16)surveys and plans;

(17)the regulation and use of the surface of the land and the cutting of timber andfuel;

(18)the use of water and the cutting, constructing, use and maintenance races, damsand reservoirs;

(19)trespass;

(20)the employment and registration of labourers, the payment of wages and dutiesof employers and the safety of employees;

(21)the employment of persons having charge of winding machinery providing fortheir periodical medical examination;

(22)the issue of certificates and permits for managers and certain employees onmines;

(23)the regulation of mines and the handling, storage and use of explosivestherein;

(Amendedby 37 of 1966, s. 106.)

(24)the determination of disputes;

(25)the sanitary regulation of lands the subject of mining tenements and adjacentthereto;

(26)the examination, restriction of employment and exclusion from mines of allpersons found to be infected with ankylostomiasis, pneumoconiosis, tuberculosisor other infectious or contagious diseases;

(27)the preservation of public health and the prevention of nuisances of all kindsarising from mining operations or the smelting or other treatment of anymineral product and the calculation and payment of compensation for any damagecaused 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 ofwater 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 suchwater 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 everyperson carrying on prospecting or mining operations to furnish to the Directorperiodical returns;

(33)the regulation, restriction and control of the disposal and export of ores andminerals;

(34)determining the distance, and enforcing the same, at which shafts and othermine workings are to be kept from public and private roads, ways and passagesand from private land, dwellings and other buildings and for ensuring thefencing and protection of mines and works for the safety of man and beast;

(35)the inspection, supervision and control of machinery used for mining purposesand prescribing the fees to be paid therefor and for the certificates whichshall 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 beenappointed under the provisions of this Act in all cases where such powers and duties have notbeen defined by this Act;

(38)the manner in which certified copies of or duplicate certificates of lostdocuments 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 discoveringprecious 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 hisorders.

(2)The regulations may be made to apply to the whole of Fiji or to any particularpart thereof.

 

Controlled by Ministry of Lands and MineralResources

____________________________

CHAPTER 146

MINING
_____

 

SECTION 2-DECLARATION OF MINERAL SUBSTANCES
_____

Gazette Notice No. 2008 of 1979, Legal Notice No.29 of 1983

Thefollowing mineral substance is declared to be a mineral substance included inparagraph (c) of the definition of "minerals" in section 2of the Act:-

GlassSand

Thefollowing mineral substances are declared to be mineral substances included inparagraph (f) of the definition of "minerals" in section 2 of theAct:

Geothermalresources 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

Allthat piece of land in the tikina of Nawaka in the province of Ba having area of100 hectares that is bounded by a line commencing at a point (being point at the termination of a line commencing at the NavusoTrigonometrical Station and running thence on a bearing of 300 degrees for1,700 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 180degrees for 1,000 metres, then on a bearing of 270 degrees for 1,000 metres tothe 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 andNavosa having an area of 150 hectares that is bounded by a line commencing at apoint (being the point at the termination of a line commencing at the VatunaugaTrigonometrical Station and running thence on a bearing of 138 degrees for 500metres and then on a bearing of 90 degrees for 450 metres) and running thenceon a bearing of 360 degrees for 500 metres, then on a bearing of 90 degrees for3 000 metres, then on a bearing of 180 degrees for 500 metres, then on abearing of 270 degrees for 3,000 metres to the point of commencement (allbearings being true).

QALIMARE (No. 2) GOVERNMENT PROTECTIONAREA
All that piece of land in the tikina of Ruwailevu in the province of Nadrogaand Navosa having an area of 200 hectares that is bounded by a line commencingat a point (being the point at the termination of a line commencing at theVatunauga Trigonometrical Station and running thence on a bearing of 138degrees for 500 metres) and running thence on a bearing of 180 degrees for1,000 metres, then on a bearing of 270 degrees for 2,000 metres, then on abearing of 360 degrees for 1,000 metres, then on a bearing of 90 degrees for2,000 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 Nadrogaand Navosa having an area of 200 hectares that is bounded by a line commencingat a point (being the point at the termination of a line commencing at theVatunauga Trigonometrical Station and running thence on a bearing of 138degrees for 500 metres) and running thence on a bearing of 90 degrees for 2,000metres, then on a bearing of 180 degrees for 1,000 metres, then on a bearing of270 degrees for 2,000 metres, then on a bearing of 360 degrees for 1,000 metresto 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 Tailevuhaving 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 VatanituTrigonometrical Station and running thence on a bearing of 331 degrees for 3050metres) and running thence on a bearing of 227 degrees 30 minutes for 3,500metres, then on a bearing of 317 degrees 30 minutes for 500 metres, then on abearing of 47 degrees 30 minutes for 3,500 minutes, then on a bearing of 137degrees 30 minutes for 500 metres to the point of commencement (all bearingsbeing true).

WAINIVOLA GOVERNMENT PROTECTION AREA

All that piece of land in the tikina of Sawakasa in the province of Tailevuhaving 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 KorosarauTrigonometrical Station and running thence on a bearing of 188 degrees for2,350 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 360degrees for 1,000 metres, then on a bearing of 90 degrees for 1,500 metres tothe point of commencement (all bearings being true).

 

WAINIVOSULE GOVERNMENT PROTECTION AREA

Allthat piece of land in the tikina of Sawakasa in the province of Tailevu havingan area of 150 hectares that is bounded by a line commencing at a point (beingthe point at the termination of a line commencing at the VatanituTrigonometrical Station and running thence on a bearing of 236 degrees for2,250 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 90degrees for 1,000 metres, then on a bearing of 180 degrees for 1,500 metres tothe point of commencement (all bearings being true).

________

 

SECTION II-CLOSED AREAS

Legal Notice No. 17 of 1974

1.The following area is closed to prospecting or mining for bauxite:-

Allthat parcel of land situated in the tikina of Wainunu, Vuya and Wailevu in theprovince of Bua and Cakaudrove in the Island of Vanua Levu containing an areaof approximately 2,818 acres more particularly delineated and shown colouredyellow on Plan No. M.B. 70 kept at the office of the Director of Mines, Suvawith copies also available for inspection at the offices of the DivisionalSurveyors at Suva, Labasa and Lautoka.

Legal Notice No. 112 of 1975


2. The following area is closed to prospecting or mining or entry uponoccupation under any prospector's right or mining tenement:-

Allthat parcel of land situated in the tikina of Wainikoroiluva, Suva, Veivatuloa,Namosi and Waimaro, provinces of Namosi, Rewa and Naitasiri, containing an areaof approximately 65,693 acres and being bounded by lines commencing from thedatum 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. 3corner post; thence 278° 52' for 7.1 miles to No. 4 corner post; thence 348°30' for 9.9 miles to the datum post.

 

MINING (AMENDMENT)DECREE 2010

(DECREE No. 39 OF 2010)

IN exercise of the powers vested in me as President of the Republic ofFiji and the Commander in Chief of theRepublic of Fiji Military Forces byvirtue of the Executive Authority Decree Fiji 2009, I hereby make thefollowingDecree-

ADECREE TOAMEND PARTII OF THE MINING ACT (CAP 146) TO ENABLE THE GRANTINGOF SPECIALPROSPECTING LICENCES IN RESPECT OF THE SEABEDFOR THAT PURPOSE TOPROVIDE AGRID SYSTEM FOR SUCH PROSPECTING PURPOSES

Citation andcommencement

1. (1) This Decree may be cited as the Mining Act(Amendment) Decree 2010.

(2) This Decree shall commence on the date appointed bythe Minister by notice in the Gazette.

New section 17A

2. The Act is amended by inserting a new section 17Aafter section 17-

"17A.-(I) In this Part, the definition of"land" in Section 2 of the Act shall not apply to licencesgrantedunder section 18(1) (c), and the following shall apply-

"land" includes water and land covered bywater, and:

(a) any interest inland;

(b) inland watersincluding the bed of any river, stream, estuary, lake or swamp;

(e) the foreshore,being that area between the mean high water spring level of the sea and themeanlow water spring level of the sea.

(d) the seabed and thedeep seabed and subsoil of the area between the mean low water springlevel ofthe sea and the outer boundary or boundaries of the exclusive economic zonewithinthe meaning of the Marine Spaces Act (Cap. 158A).

(2) The extended definition of "land" insubsection (I) shall be applicable only to the issuance of specialprospectinglicences" .

Graticulation of earth’ssurface and constitution of blocks

3.-(1) For the purpose of special prospecting licencessought and grounded in respect of land covered bywater as defined in section 17A(I)(b)(c)and (d) hereof the surface of the earth shall be deemed to be dividedintoparticular sections each of which is bounded-

(a) by portions of twomeridians of longitude that are separated by six minutes of longitude fromeachother and are each separated by six minutes, or any multiple of sixminutes, of longitude from themeridian of Greenwich;

(b) by portions of twoparallels of latitude that are separated by six minutes of latitude from eachotherand are each separated by six minutes, or any multiple of six minutes, oflatitude from the Equator.

(2) Each such graticular section or any part thereof thatis within a designated area shall constitute a block.

4. In all other respects the Mining Act shall applymutatis mutandis.

GIVEN under my hand this 20th day of July 2010.

EPELI NAILATIKAU

President of the Republic of Fiji


2016年修改内容

TO PROVIDE FOR CONSEQUENTIAL AMENDMENTS IN RELATION TO THECONSOLIDATION OF THE LAWS OF FIJI AND RELATED MATTERS

J. K. KONROTE
President[12 July 2016]

Mining Act (Cap. 146)137. The Mining Act (Cap. 146) is amended by—(a) in section 2, inserting the following new definition—““Minister” means the Minister responsible for minerals and resources;”;(b) in section 7, deleting “Public Service Commission” and substituting“permanent secretary responsible for minerals and resources”;(c) in section 11(1)(g) deleting “Commissioner of Water Supply” andsubstituting “chief executive officer of the Water Authority of Fiji”;(d) in section 13(1), deleting “Part 12” and substituting “Part 6”; and(e) in section 13(2), deleting “Companies Act (Cap. 247)” and substituting“Companies Act 2015”.



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