Mines and Minerals Act

Chapter 21:05

Citation: Chapter 21:05
Date: 31 December 2016
Language: English
Type: Act

Zimbabwe

Mines and Minerals Act

Chapter 21:05

Commenced on 1 November 1961
[This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
[Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe. This version is up-to-date as at 31st December 2016.]

AN ACT to consolidate and amend the law relating to mines and minerals.

Part I – Preliminary

1. Short title

This Act may be cited as the Mines and Minerals Act [Chapter 21:05].

2. Rights to minerals vested in President

The dominium in and the right of searching and mining for and disposing of all minerals, mineral oils and natural gases, notwithstanding the dominium or right which any person may possess in and to the soil on or under which such minerals, mineral oils and natural gases are found or situated, is vested in the President, subject to this Act.

3. Acquisition of mining rights

Except where otherwise provided under any title deed to land granted prior to the 1st November, 1961, rights can be acquired in the manner hereinafter in this Act set out and in such manner only to all minerals, mineral oils and natural gases.

4. Savings

(1)Every prospecting licence, mining location or other mining right whatsoever legally acquired before the 1st November, 1961, and legally held at that date, and every special grant made before that date and legally held at that date, is hereby confirmed, but shall from and after that date be held under and subject to this Act:Provided that—

(i)in the case of a prospecting licence, such licence shall be valid until and inclusive of the 1st November, 1963;

(ii)whenever, prior to the promulgation of the Mines and Minerals Ordinance, 1895, any mining location had been registered without a discovery point being established and a discovery notice posted, or whenever, prior to the promulgation of the Mines and Minerals Ordinance, 1903, any mining location had been registered and the discovery reef thereof is unascertainable from the documents in the possession of the mining commissioner, or cannot otherwise be proved, the expression “discovery reef”, in relation to such location, shall mean the main or principal reef discovered, exposed or opened up in such location;

(iii)whenever the width of any mining location has been extended under the Mining Laws Defining Regulations, 1896, the date of acquisition of title to such extended width shall, if the ground covered by such extended width was open to prospecting at the time when such extended width was pegged, be deemed to be the same as the date of acquisition of title to such mining location;

(iv)in the case of an exclusive prospecting order, the terms and conditions thereof, including the conditions prescribed in the Mines and Minerals Act, 1951 (No. 18 of 1951), for an extension or renewal of the order, shall continue in force, notwithstanding anything contained in this Act which is contrary to or inconsistent with such terms or conditions, as though the laws repealed by this Act had not been so repealed.

(2)With effect from the 7th December, 1979—

(a)Special Grants Nos. 6, dated the 10th December, 1901, and 82, dated the 29th October, 1925, as held by the Wankie Colliery Company Limited (hereinafter in this subsection called the company) immediately before the 7th December, 1979, shall be deemed to be special grants issued under Part XX in respect of the reduced concession area as defined in the Wankie Coalfield Act [Chapter 167 of 1974], and the company shall continue to exercise its rights thereunder subject to the terms and conditions of the special grants and to such provisions of this Act as are not inconsistent therewith:

(b)coal mining lease No. 1, dated the 1st November, 1976, granted to the company in terms of the Wankie Coalfield Act [Chapter 167 of 1974], shall be deemed to be a special grant issued in terms of Part XX, and the provision in the mining lease for the payment of an annual rent being construed as a provision for the payment of an annual fee referred to in subsection (2) of section three hundred and three, and the company shall continue to exercise its rights thereunder accordingly.

5. Interpretation

(1)In this Act—“alluvial deposit” means—

(a)in relation to precious stones, any deposit, either non-coherent or consolidated, of any geological age, which has been formed by the agency of water or wind;

(b)in relation to any other mineral, any accumulation of sand, gravel or clay deposited by surface water containing valuable minerals;

“approved beneficiation plant” means a bank assay department, factory, refinery, smelter or treatment plant which has been declared to be an approved beneficiation plant in terms of section two hundred and forty-seven;“approved cultivation scheme” means a scheme approved by the Board under section one hundred and eighty;“approved prospector” means a person for the time being registered in the Register of Approved Prospectors;“aqueduct” means any artificial work, appliance or structure, other than a pipeline, for the conveyance of water, wherever situated;“arbitration” means arbitration in terms of the Arbitration Act [Chapter 7:02], for which purpose the parties to a dispute shall be deemed to have entered into a written agreement to submit the dispute to arbitration, the arbitrators to be one person appointed by each of the parties, together with a third person appointed by such arbitrators;“base minerals” means all minerals and mineral substances, other than nuclear energy source material, precious metals, precious stones, mineral oils, natural gases and coal, and includes all such slimes, concentrates, slags, tailings and residues as are valuable and contain base minerals as hereinbefore defined;“block” means a claim or a group of claims which may be registered in terms of this Act under one certificate of registration;“Board” means the Mining Affairs Board established under Part II;“Chamber of Mines of Zimbabwe” means the Chamber of Mines of Zimbabwe incorporated in terms of the Chamber of Mines of Zimbabwe Incorporation (Private) Act [Chapter 21:02];“coal” means anthracite, bituminous coal, brown coal, oil shale and lignite;“course of a reef” means a line on the surface marking the intersection of the centre of a reef with such surface and, in cases where the whole or any portion of a reef is situated below the surface of the ground, the course of such reef shall be ascertained by projecting vertically to the surface the various points at which the centre of such reef approaches nearest to the surface, when the various points thus obtained shall be deemed to constitute the course of such reef;“dam” means any works permitting of the artificial storage or accumulation of water, together with the water and all land submerged at high flood-level;“disposal”, in relation to any mineral or mineral-bearing product, means the sale, donation or other alienation of such mineral or mineral-bearing product:Provided that, where any mineral or mineral-bearing product is disposed of under an agreement in terms of which delivery of the mineral or mineral-bearing product is to be effected—

(a)at some future date; or

(b)over a period of time;

the mineral or mineral-bearing product, as the case may be, shall be deemed to have been disposed of on the dispatch thereof or on the dispatch of each consignment thereof, as the case may be;“dump” means any aggregate of rock fragments or tailings which contain valuable minerals and have been accumulated by mining on a mining location;“eluvial deposit” means a residual concentration of minerals in the immediate vicinity of the outcrop of the vein or lode from which it is derived;“exclusive prospecting order” means an order issued under Part VI;“exclusive prospecting reservation” means the area embraced by an exclusive prospecting order;“extra-lateral right” means the right of following a reef on its dip beyond the vertical limits of a block;“holder”, in relation to a registered mining location, means the person in whose name such location is registered with the mining commissioner or with the Board or with the Secretary and, in the case of a deceased person or of a company in liquidation, or of any person under a legal disability, means the executor, administrator, liquidator, trustee, tutor, curator or other person who has the administration or control of the property of the person in whose name such location is registered;“holding”, in relation to private land, means the whole area of land which is held by an owner under one title or one agreement with the State:Provided that if the owner of a holding has leased any portion thereof to any other person under an agreement of lease which is registered in the Deeds Registry, such portion shall be deemed to be a separate holding;“inspector of mines” means an inspector of mines appointed in terms of section three hundred and forty three;“land surveyor” means a land surveyor duly admitted to practise in Zimbabwe and, at the time of the performance by him of any acts under this Act in such capacity, entitled so to practise in Zimbabwe;“mine” includes any place, excavation or working whereon, wherein or whereby any operation in connection with mining purposes is carried on;“mine surveyor” means a person who possesses, at the time of the performance by him of any acts under this Act required or permitted to be performed by a mine surveyor, such qualifications as may from time to time be specified by the Minister by statutory instrument;“miner” means the person actually carrying on the work of mining on any mining location, whether he is the holder or the lessee or assignee of the rights of such holder;“mineral” means—

(a)any substance occurring naturally in or on the earth, which has been formed by or subjected to a geological process; and

(b)any substance declared to be a mineral in terms of paragraph (a) of subsection (3), to the extent of such declaration;but does not include—

(i)except for the purposes of Part XX, mineral oils and natural gases; or

(ii)any substance declared not to be a mineral in terms of paragraph (b) of subsection (3), to the extent of such declaration;

“mining commissioner” means the mining commissioner of the mining district within which the land or claims concerned, as the context may require, are situated;“mining district” means a mining district declared in terms of section three hundred and forty-two;“mining lease” means a mining lease issued under Part VIII or the area covered by such a mining lease, as the context may require, and subject to section one hundred and sixty-eight, includes a special mining lease;“mining location” means a defined area of ground in respect to which mining rights, or rights in connection with mining, have been acquired under this Act or which were acquired under any previous law relating to mines and minerals and which were held immediately before the 1st November, 1961;“mining purposes” means the purpose of obtaining or extracting any mineral by any mode or method or any purpose directly or indirectly connected therewith or incidental thereto;“Minister” means the Minister of Mines or any other Minister to whom the President may, from time to time, assign the administration of this Act;“nuclear energy source material” means uranium or thorium or any other substance containing one or both of such elements in such concentrations as may be prescribed;“occupier”, in relation to land, means the person lawfully and actually using or possessing any land under and by virtue of any grant or agreement;“ore” means all forms of minerals or mineral aggregates which in the abstract are of economic value;“output” means—

(a)in respect of precious stones, precious stones which have been recovered from any mining location;

(b)in respect of any other mineral, ore which has been mined and reduced to a saleable form or which is in a saleable form on being mined;

“owner”, as applied to land, means the registered owner of such land or any person lawfully holding land in accordance with any enactment or agreement with the State which entitles such person to obtain title thereto on the fulfilment by him of the conditions prescribed by such enactment or agreement and the duly authorized representative of any such person or, in the case of any portion of Communal Land, the occupier of such portion;“peg” means—

(a)an artificial post or rod, other than a metal peg, of a height of not less than one comma two metres above the ground and not less than one hundred millimetres in diameter or of such other dimensions as may be prescribed;

(b)a metal peg of a height of not less than one comma two metres above the ground or such other height as may be prescribed and not less than ten millimetres in cross-section;

“placer deposit” means any form of mineral deposit which does not fall within the definitions of “reef”, “dump”, “alluvial deposit”, “eluvial deposit” or “rubble deposit”;“point of departure” means any point at which the course of a reef crosses a boundary of a mining location;“precious metals” means gold, silver, platinum and platinoid metals in an unmanufactured state, and includes all such slimes, concentrates, slags, tailings residues and amalgams as are valuable and contain such precious metals;“precious stones” means rough or uncut diamonds or emeralds or any substances which may, in terms of subsection (2), be declared to be precious stones for the purposes of this Act;“primary purposes” means domestic purposes and the support of animal life;“private land” means any land the ownership of which has by law, grant or title deed become vested in any person, and includes any land held by any person under any enactment or agreement whereby such person is entitled to obtain from the State title thereto on the fulfilment by him of the conditions prescribed by such enactment or agreement;“private water” bears the same meaning as in the Water Act [Chapter 20:22];“prospecting licence” means an ordinary or a special prospecting licence taken out under section twenty;“public water” bears the same meaning as in the Water Act [Chapter 20:22];“quarry” means any place, excavation or working, other than a mining location, where any substance other than a mineral is obtained or extracted by means of quarrying operations;“reef” means any form of ore deposit contained within defined boundaries occurring in the earth’s crust that has been deposited in the enclosing country rocks, and includes a true fissure vein, contact vein, segregated vein, gash vein, bedded vein or metalliferous banket, and all such deposits as conform generically to the above classification and any bed of any mineral, such as ironstone or limestone, but does not include alluvial deposits, eluvial deposits, placer deposits, rubble deposits or coal;“Register of Approved Prospectors” means the register established in terms of section fourteen;“registered mine manager” means the person registered in terms of the regulations as the mine manager of the mining location concerned;“registered mining location” means—

(a)a mining location which has been registered under this Act or which was registered under any previous law relating to mines and minerals and was held immediately before the 1st November, 1961;

(b)a mining lease or a special mining lease;

(c)a special grant as defined in this section or a special grant issued under Part XX;

but does not include an exclusive prospecting reservation or a special grant to carry out prospecting operations;“rubble deposit” means any natural deposit of rock fragments accumulated at or near the surface of the ground;“Secretary” means the Secretary of the Ministry for which the Minister is responsible;“special grant” means—

(a)a special grant issued under Part XIX;

(b)a special grant which was acquired before the 1st November, 1961, under any law relating to mines and minerals and which was held immediately before that date;

(c)any mining right or any right in connection with mining which was acquired before the 1st September, 1935, and was registered in terms of section 86 of the Mines and Minerals Ordinance, 1903, and which was held immediately before the 1st November, 1961;

“special mining lease” means a special mining lease issued under Part IX or the area covered by such a special mining lease, as the context may require;“specified”, in relation to a mineral or mineral-bearing product, means specified in a notice made in terms of section two hundred and forty-seven;“State land” means land the ownership of which is vested in the President, excluding Communal Land:Provided that, for the purposes of sections twenty-six and twenty-nine, State land shall not include any land which is private land;“strike” means a horizontal line drawn at right angles to the dip of a reef;“town lands” means any land falling within—

(a)the area in terms of the Urban Councils Act [Chapter 29:15] of any municipality or town or any local government area for which a local board has been established; or

(b)any other area declared by the President, by statutory instrument, to be town lands for the purposes of this Act;

“well” means a shaft sunk for the express purpose of abstracting water and which is being used for the abstraction of water.

(2)The Minister may, by statutory instrument, declare any substance to be precious stones for the purposes of this Act.

(3)The Minister may, by statutory instrument, declare that—

(a)any naturally-occurring substance, which is obtained or extracted by mining or quarrying or by similar methods, shall be a mineral for the purposes of all or any of the provisions of this Act;

(b)any substance referred to in paragraph (a) of the definition of “mineral” in subsection (1) shall not be a mineral for the purposes of all or any of this Act;

and may in like manner amend or revoke any such declaration.

Part II – Establishment and functions of Mining Affairs Board

6. Establishment and functions of Mining Affairs Board

(1)There is hereby established a board to be known as the Mining Affairs Board which shall exercise and perform the powers, functions and duties conferred and imposed upon it by this Act and by any other enactment.

(2)The Board shall, in addition, perform such other functions and duties as may from time to time be required of it by the Minister.

7. Constitution of Board

(1)The Board shall consist of—

(a)the Secretary or, in his absence, the Deputy Secretary of the Ministry responsible for mines, who shall be the chairman; and

(b)an under secretary or, in his absence, an assistant secretary of the Ministry responsible for mines; and

(c)the Chief Government Mining Engineer; and

(d)the Director of Metallurgy; and

(e)the Director of Geological Survey; and

(f)six other members appointed in terms of subsection (3).

(2)A member appointed in terms of subsection (3) shall hold office for such period, not exceeding two years, as may be fixed in his case by the Minister and shall be eligible for re-appointment.

(3)Of the members appointed by the Minister—

(a)four, of whom two shall be small-workers, shall be selected by the Minister from a panel of names submitted by the Chamber of Mines of Zimbabwe;

(b)one shall be selected by the Minister from a panel of names submitted by the Commercial Farmers’ Union of Zimbabwe;

(c)one shall be a member of the Institute of Chartered Accountants of Zimbabwe who is publicly practising as a chartered accountant in terms of the Chartered Accountants Act [Chapter 27:02].

(4)The Chief Government Mining Engineer, the Director of Metallurgy and the Director of Geological Survey may each appoint another member of the Public Service, who is not a member of the Board, to be his alternate member on the Board, and such alternate member shall be entitled to attend and vote at any meeting of the Board in the absence of the officer who appointed him.

(5)The Chamber of Mines of Zimbabwe and the Commercial Farmers’ Union of Zimbabwe may nominate persons to be alternates to the members of the Board appointed by the Minister under paragraphs (a) and (b), respectively, of subsection (3) and each such person shall, if approved by the Minister, be an alternate member of the Board and shall be entitled to attend and vote at any meeting of the Board in the absence of the member to whom he is an alternate.

(6)If any body which is entitled to submit a panel of names in terms of subsection (3) for any cause whatsoever fails or neglects or refuses to submit such panel, it shall be lawful for the Minister to appoint to the Board any person as a member.

8. Filling of vacancies

(1)The office of a member of the Board, who is not a member of the Public Service, shall upon the declaration of the Minister be vacated—

(a)if his estate is sequestrated or assigned; or

(b)if he is absent from three consecutive meetings of the Board without the permission of the Board; or

(c)if he gives one month’s notice in writing to the Minister of his intention to resign office and his resignation is accepted by the Minister; or

(d)if he is incapacitated by physical or mental illness or is otherwise unable or unfit to discharge the functions of a member; or

(e)if he is convicted of an offence and sentenced to imprisonment therefor without the option of a fine, whether such sentence is suspended or not.

(2)When a member’s office is declared vacant, the Minister shall appoint a person, chosen as such member was chosen, to fill the vacancy.

(3)If any member of the Board, other than the chairman, is prevented by illness, absence from Zimbabwe or other specific cause from exercising his functions on the Board, the Minister may appoint any person to act for such member during his absence.

(4)If the chairman is prevented by illness, absence from Zimbabwe or other specific cause from exercising his functions on the Board, the Minister may appoint any person to act as chairman during his absence, and the person so appointed shall during the term of his appointment exercise all the powers and fulfil all the duties of the chairman.

(5)If a member of the Board is appointed to act as chairman, the Minister may appoint any person to act as a member of the Board during the period of the chairman’s absence.

9. Remuneration of members of Board

The members of the Board shall be paid, out of moneys appropriated by Act of Parliament for the purpose, such remuneration or allowances or both as the Minister, after consultation with the Minister responsible for finance, may from time to time determine.

10. Procedure of Board

(1)The Board may meet together for the dispatch of business, adjourn and otherwise regulate its meetings and proceedings as it thinks fit.

(2)Seven members of the Board shall form a quorum at any meeting thereof.

(3)The chairman of the Board may himself at any time call a special meeting of the Board.

(4)The decision of the majority of the members of the Board present at any meeting shall constitute the decision of the Board:Provided that in the event of an equality of votes at any such meeting the chairman at the meeting shall have a casting vote in addition to his deliberative vote.

(5)At all meetings of the Board the chairman or, in his absence, such member as the members present shall elect, shall act as chairman.

(6)No member of the Board shall vote upon or take part in a discussion if he has, directly or indirectly, any pecuniary interest in the matter before the Board.

11. Powers of Board in relation to applications

(1)In the exercise of its functions and duties the Board shall have power—

(a)to require any area of ground or mining location which is the subject matter of an application or an investigation to or by the Board to be examined by such person or persons as the Board may appoint for the purpose;

(b)to summon any applicant, the holder of any mining location, an owner of any land or any person having an interest in or knowledge of any matter before the Board to appear before the Board to give any evidence or explanations which the Board may require;

(c)to require the production of books, plans, accounts and other documents relating to any application or matter before the Board.

(2)Any person appointed under paragraph (a) of subsection (1) shall, if authorized by the Board, have power to take and remove samples of ore from the area of ground or mining location in question.

12. Witnesses may be examined on oath

(1)The Board may examine persons appearing before it on oath, which oath the chairman of the Board is hereby empowered to administer.

(2)Any person who, having been duly sworn, makes a false statement to the Board on any matter relevant to the inquiry, knowing the statement to be false or not having reasonable grounds for believing it to be true, shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[subsection substituted by section 4 of Act 22 of 2001]

(3)If any person summoned to give evidence or to produce books, plans, accounts and other documents fails to appear before the Board or fails to produce such books, plans, accounts and other documents to the Board, or refuses to be examined on oath or to answer any question, he shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[subsection amended by section 4 of Act 22 of 2001]

13. Penalty for obstruction

Any person who obstructs or hinders any person authorized by the Board in his examination of a mining location or other area of ground shall be guilty of an offence and liable to a fine not level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment[subsection amended by section 4 of Act 22 of 2001]

Part III – Register of Approved Prospectors

14. Register of Approved Prospectors

(1)The Secretary shall establish and maintain at the head office of the Ministry of Mines a register to be known as the Register of Approved Prospectors.

(2)There shall be entered in the Register of Approved Prospectors—

(a)the name of every approved prospector registered as such in terms of paragraph (a) of subsection (3) of section fifteen; and

(b)the area for which the approved prospector is registered in terms of subparagraph (i) of paragraph (a) of subsection (3) of section fifteen; and

(c)particulars of any renewal, cancellation or suspension of the registration of such approved prospector; and

(d)such other particulars as the Secretary may deem necessary.

15. Application for registration as approved prospector

(1)A person who wishes to be registered as an approved prospector shall—

(a)make application in writing to a mining commissioner in the prescribed form; and

(b)submit therewith such photographs of himself as may be prescribed; and

(c)pay at the time of making such application the prescribed fee; and

(d)provide such other information as the mining commissioner may require:

Provided that a person who is not a permanent resident of Zimbabwe shall not be entitled to make any such application unless he has first obtained the prior written consent of the Secretary, and submits with his application such consent.

(2)On receipt of an application in terms of subsection (1) the mining commissioner shall satisfy himself as to the fitness of the applicant to be registered as an approved prospector, including the extent of the knowledge of the applicant of pegging procedures and of the rights and duties of prospectors and owners and occupiers of land under this Act, and shall then forward the application to the Secretary, together with his report and recommendation thereon.

(3)On receipt of an application, report and recommendation from the mining commissioner in terms of subsection (2) the Secretary may—

(a)if he is satisfied that no good cause to the contrary exists, grant the application, in which case he shall—

(i)register the applicant as an approved prospector; and

(ii)issue to him a numbered certificate of registration as an approved prospector which shall be in the prescribed form; or

(b)remit the application to the mining commissioner for further investigation, report and recommendation: or

(c)refuse the application, in which case the applicant shall be notified accordingly:

Provided that before refusing an application the Secretary shall notify the applicant that he is considering refusing his application, informing him of the grounds therefor, and give him an opportunity to make written representations in connection therewith within twenty-one days after the date of such notification.

(4)An applicant whose application in terms of subsection (1) has been refused by the Secretary may, within twenty-one days after the date of notification of such refusal, appeal in writing, giving grounds, to the Minister who may—

(a)allow the appeal, in which case the Secretary shall proceed in accordance with paragraph (a) of subsection (3) as if he had originally granted the application; or

(b)dismiss the appeal, in which case the applicant shall be notified accordingly.

(5)An applicant whose appeal in terms of subsection (4) has been dismissed by the Minister may not make a fresh application in terms of subsection (1) until after the expiry of a period of five years from the date on which his appeal was dismissed or such lesser period as the Minister may specify when dismissing the appeal.

(6)No application in terms of subsection (1) shall be granted unless the applicant has attained the age of eighteen years.

16. Expiry and renewal of registration

(1)Subject to sections seventeen and eighteen, the registration of a person as an approved prospector shall be valid for a period of five years from the date of registration and then it shall automatically expire unless, prior to the expiry of such period, the registration is renewed for a further period of five years which shall be final.

(2)An approved prospector who wishes to renew his registration as such shall, not later than two months before his registration is due to expire in terms of subsection (1)—

(a)make written application to a mining commissioner on the prescribed form; and

(b)pay at the time of making such application the prescribed fee; and

(c)submit therewith his certificate of registration as an approved prospector.

(3)On receipt of an application in terms of subsection (2) the mining commissioner—

(a)shall issue the applicant with a temporary document which shall serve as his certificate of registration as an approved prospector during the remainder of the current period of registration; and

(b)may, and if so instructed by the Secretary shall, satisfy himself afresh as to the matters referred to in subsection (2) of section fifteen and shall forward the application, together with his report and recommendation thereon, to the Secretary.

(4)On receipt of an application, report and recommendation from the mining commissioner in terms of subsection (3) the Secretary may—

(a)if he is satisfied that no good cause to the contrary exists, renew the registration of the applicant for a further period of five years, endorse the certificate of registration accordingly and return it to the holder; or

(b)remit the application to the mining commissioner for further investigation, report and recommendation; or

(c)refuse the application, in which case the applicant shall be notified accordingly:

(5)An applicant whose application in terms of subsection (1) has been refused by the Secretary may, within twenty-one days after the date of notification of such refusal, appeal in writing, giving grounds, to the Minister who may—

(a)allow the appeal, in which case the Secretary shall proceed in accordance with paragraph (a) of subsection (4) as if he had originally granted the application; or

(b)dismiss the appeal, in which case the applicant shall be notified accordingly.

(6)An applicant whose appeal in terms of subsection (5) has been dismissed by the Minister may not make a fresh application for registration as an approved prospector in terms of subsection (1) of section fifteen until after the expiry of a period of five years from the date on which his appeal was dismissed or such lesser period as the Minister may specify when dismissing the appeal.

17. Cancellation or suspension of registration

(1)The registration of a person as an approved prospector shall be cancelled or suspended by the Secretary on the direction of the Minister given in accordance with this section.

(2)If an approved prospector—

(a)is convicted of an offence, whether under this Act or otherwise; or

(b)has, in the exercise of any rights under this Act, conducted himself in a manner;

which, in the opinion of the Minister, renders it necessary to suspend or cancel his registration as an approved prospector, the Minister may direct the Secretary—

(i)to suspend his registration for a specified period which shall expire before the date on which that registration is in any event due to expire in terms of subsection (1) of section sixteen; or

(ii)to cancel his registration;

as the case may be.

(3)Before giving a direction in terms of subsection (2) the Minister shall notify the approved prospector concerned that he is considering taking action in terms of that subsection, informing him of the grounds therefor, and give him an opportunity to make written representations in connection therewith within twenty-one days of the date of such notification.

(4)The cancellation or suspension of the registration of a person as an approved prospector in terms of this section shall be in addition to any other penalty which may be imposed under this Act or any other law.

(5)The Secretary shall give written notice to the approved prospector concerned of the cancellation or suspension of his registration in terms of this section and the period of suspension.

18. Effect of expiry, cancellation or suspension of registration

(1)A person whose registration as an approved prospector has expired in terms of section sixteen or has been cancelled or suspended in terms of section seventeen shall forthwith surrender to a mining commissioner his certificate of registration as an approved prospector.

(2)Where a certificate of registration as an approved prospector has been surrendered in terms of subsection (1) by reason of the suspension of the registration of the holder, such certificate shall be returned to the holder immediately on the expiry of the period of suspension.

(3)Until the period of suspension has expired a person whose registration as an approved prospector has been suspended in terms of section seventeen shall be deemed not to be registered as such.

(4)A person whose registration as an approved prospector has been cancelled in terms of section seventeen may not make a fresh application in terms of section fifteen for registration as an approved prospector until after the expiry of a period of five years from the date on which his registration was cancelled or such lesser period as the Minister may specify when directing the cancellation.

19. Duplicate certificate of registration as an approved prospector

(1)If an approved prospector has lost his certificate of registration or the certificate has been destroyed, he may apply to a mining commissioner for a duplicate copy thereof.

(2)On making an application referred to in subsection (1) the approved prospector shall—

(a)pay the prescribed fee; and

(b)furnish a solemn declaration in a form to be approved by the mining commissioner which shall state—

(i)the name of the holder of the certificate; and

(ii)the number of the certificate; and

(iii)that the certificate has been lost or destroyed; and

(c)submit such photographs as he would be required to submit if he were making an application in terms of section fifteen.

(3)On receipt of an application complying with this section the mining commissioner shall forward the application and the solemn declaration to the Secretary who shall, if he is satisfied that no good cause to the contrary exists, issue a duplicate copy of the certificate endorsed as such and forward it to the applicant.

(4)A duplicate copy of a certificate issued in terms of this section shall be available for all purposes for which the original would have been available.

Part IV – Acquisition and registration of mining rights

20. Prospecting licenses

(1)Subject to this section and section twenty-four, any person who is a permanent resident of Zimbabwe or any duly appointed agent of such person may take out at the office of any mining commissioner one or more prospecting licences on payment of the appropriate fee prescribed in respect of each such licence.

(2)On making application for a prospecting licence the applicant shall furnish to the mining commissioner his full name and permanent postal address, which shall appear on the licence issued to him, and such other information as the mining commissioner may require.

(3)The mining commissioner may refuse to issue a prospecting licence, but shall forthwith report each refusal to the Secretary.

(4)Upon receipt of a report in terms of subsection (3), the Secretary shall refer the report to the Minister and shall, if so instructed by the Minister, direct the mining commissioner to issue a prospecting licence.

21. Appointment of approved prospector as representative of holder of prospecting licence

(1)Any holder of a prospecting licence may, in writing under his hand, appoint an approved prospector to act as his representative under any prospecting licence already issued to him or under any prospecting licence which may thereafter be issued to him.

(2)A representative appointed in terms of subsection (1) shall act under a prospecting licence to which his appointment relates solely for the benefit of the holder of the licence.

(3)The rights conferred by this Act upon the holder of a prospecting licence—

(a)shall be exercised by the holder personally only if he is an approved prospector;

(b)shall, where the holder is not an approved prospector, be exercised only by a representative appointed by the holder in terms of subsection (1).

(4)Without prejudice to any right of the holder of a prospecting licence to cancel such an appointment, the appointment of a person as a representative in terms of subsection (1) shall automatically be terminated if the registration of that person as an approved prospector expires or is cancelled or suspended.

22. Duplicate prospecting licence

(1)If the holder of a prospecting licence has lost such licence, he may apply to any mining commissioner for a duplicate copy thereof.

(2)On such application he shall furnish a solemn declaration in a form to be approved by the mining commissioner which shall state—

(a)that the licence has been lost or destroyed; and

(b)from what mining commissioner’s office he originally obtained the licence; and

(c)the number of the licence.

(3)On receipt of such application and such solemn declaration the mining commissioner shall make any necessary inquiries at the office from which the original licence was obtained and shall, if he is satisfied that no good reason to the contrary exists, issue a duplicate copy of such licence to the applicant on payment of the prescribed fee for each such copy.

(4)A duplicate copy of a licence issued in terms of this section shall be available for all purposes for which the original would have been available.

23. Duration of prospecting licence

A prospecting licence shall be valid until and inclusive of the second anniversary of the date of issue thereof.

24. Holder of prospecting licence to be 18 or older

No person who is under the age of eighteen years shall hold any prospecting licence.

25. Sale of prospecting licence forbidden

(1)No person shall sell or otherwise dispose of any prospecting licence or certificate of registration as an approved prospector.

(2)Any sale or other disposition in terms of subsection (1) shall be void and the parties to such sale or other disposition shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment[subsection amended by section 4 of Act 22 of 2001]

26. Land open to prospecting

Subject to the provisions and limitations contained in section thirty-one, the following land is open to prospecting—

(a)all State land and Communal Land;

(b)all private land in the title to which there has been reserved either to the British South Africa Company or to the Government of Zimbabwe the right to all minerals or the power to make grants of the right to prospect for minerals

(c)all land held by any person under any enactment or agreement whereby such person is entitled to obtain from the State title thereto on the fulfilment by him of the conditions prescribed by such enactment or agreement.

27. Rights of prospecting and pegging conferred by prospecting licence

(1)Subject to sections twenty-one and three hundred and sixty-eight, every holder of a prospecting licence shall be entitled to the following rights—

(a)the right, subject to the provisions and limitations hereinafter contained, of prospecting and searching for any minerals, mineral oils and natural gases on land open to prospecting, but not of removing or disposing of any mineral discovered save for the bona fide purpose of having it assayed or of determining the nature thereof or with the permission in writing of the mining commissioner;

(b)the right, subject to the provisions hereinafter contained, of pegging—

(i)one block of precious metal claims; or

(ii)one block of precious stones claims; or

(iii)one block of base mineral claims.

(2)No drilling or excavation work, whether at the surface or underground, shall be undertaken by the holder of a prospecting licence, save in the exercise of exclusive rights conferred on him by subsection (5) of section forty-one or subsection (2) of section forty-two.

(3)Any person who contravenes subsection (2) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[subsection inserted by section 4 of Act 22 of 2001]

28. Cancellation of certain rights to timber conferred by certain title deeds

Any condition in a title deed to any piece of land stating that all indigenous timber is reserved and may be cut free of charge by holders of mining locations or of prospecting licences shall be regarded as pro non scripto and every right possessed by any such holder by virtue of such a condition shall cease with effect from the 1st November, 1961.

29. Surface rights of holder of prospecting licence

(1)In this section—“location” means the area covered by the relevant prospecting notice and, where a discovery notice has also been posted, the area as extended by that discovery notice;“private land” does not include Communal Land.

(2)The holder of a prospecting licence, hereinafter in this section called the prospector, shall, when bona fide employed in the pursuit of any of the rights conferred by section twenty-seven, the onus of proof whereof shall lie on him, be entitled to the following rights—

(a)the right to take free of charge for primary purposes any public water or private water from land not closed to prospecting in terms of section thirty or thirty-five but only in so far as such taking does not interfere with the use of such water for primary purposes by the owner or occupier of the land;

(b)after having posted his prospecting notice—

(i)subject to the Forest Act [Chapter 19:05] and to such conditions as may be prescribed, and on payment to the occupier or, where there is no occupier, the owner of the land in advance of such tariff rate as may be prescribed, the right to take and use for firewood within the limits of his location any dead indigenous wood or timber found within those limits on land which is neither Communal Land nor land in regard to which a reservation has been made under section thirty-six or thirty-seven; and

(ii)subject to this section, the right to erect within the limits of his location any temporary accommodation for himself and his employees and any temporary buildings or machinery for the purposes of his work:

Provided that this subparagraph shall not be deemed to confer any right, title or interest in the land upon which such accommodation, buildings or machinery may have been erected;

(c)the right to remove, within ten days or such longer period as may be determined by the mining commissioner after the expiration of his prospecting notice, any accommodation, buildings or machinery which may have been erected under subparagraph (ii) of paragraph (b).

(3)A prospector who, after the expiry of the period of seven days from the posting of his prospecting notice, accommodates employees on occupied private land situated within his location shall forthwith give to the occupier of the land written notice of that fact describing the site of the accommodation.

(4)If an occupier of private land to whom notice has been given in terms of subsection (3) objects to the site chosen for such accommodation by the prospector and agreement between the occupier and the prospector on any such objection is not reached, the occupier may, within seven days of receipt of the notice or such longer period as may be determined by the mining commissioner, refer the matter to the mining commissioner to decide where the employees of the prospector should be accommodated and the decision of the mining commissioner shall be final and without appeal.

30. Meaning of “land under cultivation” and “permanent improvements”

For the purposes of section thirty-one—“land under cultivation” means—

(a)land which has been bona fide cleared or ploughed or prepared for the growing of farm crops;

(b)ploughed land on which farm crops are growing;

(c)ploughed land from which farm crops have been reaped, for a period of three years from the date of completion of such reaping;

(d)land which has been bona fide prepared for the planting of such permanent crops as orchards or tree plantations, and land on which such crops have been planted and are being maintained;

(e)ploughed land on which grass has been planted and maintained for harvesting, rotation of crops or stock feeding, for a period of six years from the date of planting:

Provided that if any land such as is described in paragraphs (a) and (d) is not utilized for the growing of farm crops or of such permanent crops as orchards or tree plantations within two years of its having been bona fide cleared or ploughed or prepared for such crops, such land shall forthwith become open to prospecting;“permanent improvements” does not include fences of any description, aqueducts, pipelines, wells, boreholes, dams or reservoirs.

31. Ground not open to prospecting

(1)Save as provided in Parts V and VII, no person shall be entitled to exercise any of his rights under any prospecting licence or any special grant to carry out prospecting operations or any exclusive prospecting order—

(a)upon any holding of private land except with the consent in writing of the owner or of some person duly authorized thereto by the owner or, in the case of a portion of Communal Land, by the occupier of such portion, or upon any State land except with the consent in writing of the President or of some person duly authorized thereto by the President—

(i)within four hundred and fifty metres of the site of the principal homestead on such holding or on such State land, whether such homestead is already erected or actually in the course of erection;

(ii)within four hundred and fifty metres of the site of any intended principal homestead, which site has been registered with the mining commissioner by the landowner:Provided that if a principal homestead is not erected on such a site within three years after the date of such registration, such site shall thereupon become open to prospecting;

(iii)within ninety metres of any area set aside on which housing constructed of brick or concrete has been erected for occupation by farm employees, if the total value of such housing is not less than five thousand dollars;

(iv)within ninety metres of any other building or permanent improvement of a value of not less than five hundred dollars;

(v)within ninety metres of any permanent cattle dip tank or spray race;

(vi)upon any land under cultivation or within fifteen metres thereof;

(vii)within nine metres of any other permanent bona fide farm building, except on payment to the landowner of such compensation as may be fixed by agreement or, failing agreement, by the Administrative Court to whom the matter shall be referred for decision;

(b)upon any mining location, other than one in respect of which he may have acquired the exclusive right of prospecting under such licence or special grant or exclusive prospecting order;

(c)within the surveyed limits of any city, town, township or village, or upon a belt fifty metres in width outside such limits;

(d)upon any site which is on town lands, but outside the surveyed limits of any city, town, township orvillage situated thereon, and has been surveyed and set aside for any specific purpose;

(e)upon any licensed aerodrome or any emergency landing ground or aerodrome of the State;

(f)upon any rifle range of the State, any railway reserve or any cemetery;

(g)except with the consent in writing—

(i)of the owner or of some person duly authorized thereto by the owner, upon any holding of land which does not exceed one hundred hectares in extent and which is held by such owner under one separate title:Provided that if such owner has one or more holdings which are contiguous and the total area of such contiguous holdings exceeds one hundred hectares this paragraph shall not apply to such holdings; or

(ii)in the case of a portion of Communal Land which does not exceed one hundred hectares in extent, of the occupier of such portion;

(iii)where any consent in terms of this paragraph is unreasonably withheld, the Minister may authorize any person to exercise his rights under any prospecting licence or any special grant to carry, out prospecting operations or any exclusive prospecting order on such land, subject to such conditions as the Minister may impose;

(h)upon any Communal Land occupied as a village without the written consent of the rural district council established for the area concerned.

(2)Where a site intended for a principal homestead has been registered by the landowner under subparagraph (ii) of paragraph (a) of subsection (1)—

(a)the landowner shall as soon as may be after such registration erect a peg marking the centre of the site and bearing an inscription stating the purpose of such peg, and shall maintain such peg and maintain such inscription in legible form;

(b)the landowner shall not, if such principal homestead has not been erected within the period of three years mentioned in the proviso to that subparagraph, be entitled again to register such site or any portion thereof until a period of not less than twelve months has elapsed from the date upon which such site again became open to prospecting.

(3)If a landowner fails to comply with any provisions of paragraph (a) of subsection (2), the mining commissioner may cancel the registration of the site to which such failure relates.

32. Disputes between landowners and prospectors

If any dispute arises between the holder of a prospecting licence or a special grant to prospect or an exclusive prospecting order and a landowner or occupier of land as to whether land is open to prospecting or not, the matter shall be referred to the Administrative Court for decision.

33. Registration of arable land

(1)Every owner of a holding of private land, or any person who has acquired the right to obtain title to private land under an agreement of sale which has been notarially executed, may apply to the mining commissioner for the registration of the arable portion or portions of such land, not exceeding in all two hundred hectares in extent.

(2)Any arable land which, at the date of the application mentioned in subsection (1), is not open to prospecting and pegging by virtue of paragraph (a) of subsection (1) of section thirty-one shall be deducted from the area of two hundred hectares which may be registered in terms of this section.

(3)Every applicant shall submit with his application, made in terms of subsection (1), a plan of the holding showing the area or areas which he wishes to be registered, together with a certificate from such person as may be approved by the mining commissioner confirming the situation and extent of such area or areas and of any other arable land and land under cultivation within such private land.

(4)Upon receipt of the plan and such certificate, referred to in subsection (3), the mining commissioner shall, if he is satisfied as to the title of the applicant and that the plan is satisfactory, register such land.

(5)Upon the registration of any land by the mining commissioner under this section, the land so registered shall, during the period of registration, be deemed to be land under cultivation for the purposes of section thirty-one.

(6)The person in whose favour registration has been granted under this section shall beacon the area or areas so registered in such manner as the mining commissioner may direct, and shall maintain the beacons in proper order and condition.

(7)If the person in whose favour registration has been granted under this section fails to beacon such area or areas or to maintain the beacons in proper order and condition, the mining commissioner may cancel the registration.

(8)The period of registration mentioned in subsection (5) shall terminate on the 31st August next succeeding the second anniversary of the date upon which the person upon whose application the registration was granted became the owner of the land so registered, or upon which such notarial agreement was executed, as the case may be:Provided that the mining commissioner may on application extend the period of such registration for any period not exceeding three years.

(9)Any person who is aggrieved by the refusal of the mining commissioner to grant an extension of the period of registration may appeal against that decision to the Administrative Court.

34. Roads and railways may be included in location under certain conditions

(1)In this section—“road” includes any area of land reserved for road purposes under Part III of the Roads Act [Chapter 13:12] and any restricted road declared under Part IV of that Act.

(2)Subject to this section and section three hundred and seventy-seven, the holder of a prospecting licence or of a special grant or of an exclusive prospecting order or of a mining lease, may include in his location any road, railway track, electric power line, aqueduct, pipeline, occupied dwelling, well, borehole, dam, reservoir or works designed to prevent soil erosion or any land reserved for the taking of road-making materials under section 24 of the Roads Act [Chapter 13:12].

(3)No person shall carry on prospecting or other mining or development operations upon any road, nor within fifteen metres of the middle of any road.

(4)No person shall carry on prospecting or other mining or development operations or erect any building for the purposes of a mining location upon any railway track, nor within forty-five metres of any railway track.

(5)No person shall hinder or impede the use of any road or railway track by mining operations.

(6)Notwithstanding anything in this Act relating to the erection and maintenance of pegs and beacons, no person shall erect any pegs or beacons of a mining location on any road or railway track, nor within fifteen metres of the middle of any road, nor within forty-five metres of any railway track, but in lieu thereof there shall be fixed such means of indicating the position of the location as shall be prescribed.

(7)No person shall carry on prospecting or other mining or development operations within twenty-five metres of any pipeline constructed of asbestos pipes exceeding thirty centimetres in diameter or five metres of any other pipeline, nor within ten metres of any occupied dwelling, nor within thirty metres of any aqueduct, well or borehole, nor within ninety metres of any dam or reservoir, without the consent of the owner of such work, and no person shall impair or interfere with any such work or impede the use of such work by mining operations.

(8)No person shall carry on prospecting or other mining or development operations—

(a)within ten metres of the centre line of an electric power line carrying 33kV or less; or

(b)within twenty-five metres of the centre line of an electric power line carrying more than 33kV but not more than 132kV; or

(e)within forty metres of the centre line of any electric power line carrying more than 132kV; or

(d)within ten metres of a pole mounted transformer or ground mounted transformer with a capacity of less than 300kVA; or

(e)within twenty-five metres of any other transformer or electricity substation or electrical equipment or building used for the transmission or distribution of electricity.

[Please note: numbering as in original]

(9)No person shall carry on prospecting or other mining or development operations upon any land reserved for the taking of road-making materials under section 24 of the Roads Act [Chapter 13:12].

(10)The holder of any mining location which is pegged across any works designed to prevent soil erosion shall maintain such works in good condition, so that they continue to function for the purposes for which they were made:Provided that this subsection shall not, during the period of an approved cultivation scheme, apply in respect of any mining location to which that scheme relates.

(11)Nothing in this section shall be deemed in any way to prejudice the right of any person to recover from the holder of a prospecting licence or of a mining location damages for any injury which he may prove to have been sustained by him in consequence of any act or thing done by such holder even though such holder has complied with this section.

35. Reservations against prospecting and pegging

(1)The mining commissioner may, and, if so instructed by the Secretary on the authority of the Minister, shall, reserve by notice posted at his office any area against prospecting and pegging, and all rights possessed by the holder of any prospecting licence or exclusive prospecting order to prospect for and peg minerals shall cease and may not be exercised within such area as from the date and hour of the posting of such notice or such later hour or later date and hour as may be specified in such notice:Provided that the holder of a mining location, other than an exclusive prospecting reservation, within any such area shall retain and may exercise all rights lawfully held by him which existed at the date and hour as from which such notice takes effect in terms of this subsection.

(2)A reservation notice posted in terms of subsection (1) may specify that the reservation shall be for a specific period only:Provided that nothing in this subsection shall be construed so as to prohibit the earlier withdrawal of the reservation in terms of this section.

(3)Where the mining commissioner has so reserved any area otherwise than on the instructions of the Secretary, he shall forthwith report the matter to the Secretary, who shall refer the matter to the Minister.

(4)If the Minister does not approve of such reservation, the Secretary shall instruct the mining commissioner to withdraw such reservation, and the mining commissioner shall forthwith comply with such instruction by posting a notice of withdrawal at his office.

(5)If the Minister approves of such reservation, the Secretary shall inform the mining commissioner of such approval.

(6)Where a reservation has been made on the instructions of the Secretary or the Minister has approved of a reservation mentioned in subsection (3), such reservation shall be advertised by notice in the Gazette.

(7)Where the mining commissioner has made a reservation mentioned in subsection (3), he may before the approval thereof by the Minister, by notice posted at his office, withdraw such reservation and, where a reservation has been made on the instructions of the Secretary with the authority of the Minister or where a reservation referred to in subsection (3) has been approved by the Minister, he shall, if so instructed by the Secretary on the authority of the Minister, in like manner withdraw such reservation.

(8)A reservation may be withdrawn either in whole or in part.

(9)Every withdrawal of a reservation which has been advertised in the Gazette shall, likewise, be advertised by notice in the Gazette.

(10)The beaconing and demarcation of any area reserved under this section shall be carried out in such manner as the mining commissioner may direct.

(11)For all the purposes of this Act, every special reservation of any area against prospecting and pegging which was lawfully made by the Administrator, the Governor or a mining commissioner before the 1st November, 1961, and which was still in force immediately before that date, shall be deemed to be a reservation made by notice by the mining commissioner on the instructions of the Secretary under this section.

36. Reservation of timber on application by landowner

(1)Every owner or occupier of a holding of private land may apply for and shall be granted by the mining commissioner a reservation against the cutting or taking by prospectors or miners of fifty per centum of such indigenous wood or timber as is existing on his land at the time of his application for the reservation.

(2)A reservation of indigenous wood or timber made under subsection (1) shall not restrict prospecting or pegging or the working of mining locations on any such area.

(3)Any indigenous wood or timber within any area described in paragraph (a) of subsection (1) of section thirty-one shall be part of and be included in any timber reservation granted to such owner.

(4)The owner or occupier shall beacon and demarcate the area in which the wood or timber is reserved in such manner and within such time as the mining commissioner may direct.

(5)Where a reservation of timber has been granted under this section—

(a)the owner or occupier shall be entitled—

(i)to cut such wood or timber, and no more, outside the area of the reservation as may be necessary for the bona fide purposes of clearing or for the improvement of pastures;

(ii)to use the wood or timber so cut for his own purposes or to sell it to a prospector or miner or, with the consent of the mining commissioner, to sell it to any other person;

(b)a prospector or miner shall be entitled in the exercise of prospecting or mining rights in the area of the reservation—

(i)to cut such indigenous wood or timber, and no more, as interferes with prospecting or mining operations, development work or the erection of buildings for mining purposes:Provided that he shall stack or pile all wood or timber cut; and

(ii)with the consent of the owner, to use for his own purposes indigenous wood or timber cut in terms of subparagraph (i).

(6)Where a reservation of timber has been granted under this section and it appears to the mining commissioner that a redistribution of the indigenous wood or timber on the land is necessary or desirable because the holding has been subdivided or for any other reason, he may cancel such reservation and grant a fresh reservation, and subsections (2), (3), (4) and (5) shall apply, mutatis mutandis.

(7)If any dispute arises as to the equal division of wood or timber under this section, the matter shall be referred to the Administrative Court for decision.

37. Reservation of timber on instruction of Minister

(1)The mining commissioner may, when authorized thereto by the Minister, reserve by notice posted at his office all indigenous wood and timber or any specified indigenous wood or timber on any area, and all rights conferred by this Act upon any holder of a prospecting licence or special grant or upon any holder of a mining location to cut or take such wood or timber shall cease and may not be exercised within such area as from the date and hour of the posting of the reservation notice, but any such reservation of wood or timber shall not restrict prospecting or pegging within such area or the cutting of wood or timber which interferes with prospecting or mining operations.

(2)The beaconing and demarcation of any area reserved under subsection (1) shall be carried out in such manner as the mining commissioner may direct.

(3)The mining commissioner may, under the same conditions and in the same manner, withdraw any reservation made under subsection (1).

38. Notice of intention to prospect

(1)This section shall apply to—

(a)town lands;

(b)private land the boundaries of which are fenced or clearly marked by beacons and cut lines or consist of rivers, roads or railway lines;

(c)any area of land declared under the Forest Act [Chapter 19:05] to be demarcated forest or protected private forest;

(d)Communal Land.

(2)Every person, before exercising any of his rights under a prospecting licence, special grant to carry out prospecting operations issued under subsection (1) of section two hundred and ninety-one or exclusive prospecting order on any land to which this section applies shall give notice of his intention to do so in whichever one or more of the following forms is applicable to the case—

(a)if the land is a portion of town lands, he shall give notice in writing by registered letter addressed to the local authority concerned;

(b)if the land is occupied private land, he shall give notice in writing to the occupier of the land in person or by registered letter addressed to the occupier at his ordinary postal address;

(c)if the land is unoccupied private land, he shall give notice in writing by registered letter addressed to the owner at his ordinary postal address;

(d)if the land has been declared a demarcated forest, he shall give notice in writing to the chief executive officer of the Forestry Commission established under the Forest Act [Chapter 19:05];

(e)if the land has been declared a protected private forest, he shall give notice in writing to the owner of such land in person or by registered letter addressed to the owner at his ordinary postal address or, if such land is unoccupied, to the mining commissioner;

(f)if the land is in Communal Land, he shall give notice in writing to any rural district council established for the area concerned;

and shall state in such notice his permanent postal address.

(3)In every notice given in terms of subsection (2) there shall, in addition, be stated the name and address of the person who will be in charge of prospecting operations on the land concerned.

(4)A notice which has been duly given in terms of this section by the holder of a prospecting licence shall be valid for a period of one hundred and twenty days from the date on which it was delivered or posted, as the case may be, and, if such holder has not pegged and registered a block on the land concerned within that period, he shall give fresh notice in terms of this section before continuing to exercise his rights under the prospecting licence.

(5)A notice which has been duly given in terms of this section by the holder of an exclusive prospecting order or a special grant to carry out prospecting operations shall be valid for the period of validity of that order or special grant.

(6)Notwithstanding subsections (4) and (5), in the event of any change in the particulars notified in terms of subsection (3), the holder shall forthwith give notice of that change and subsection (2) shall apply, mutatis mutandis, to the giving of that notice.

(7)Where a mining location has been pegged by a person who has failed to give any notice required by this section, the pegging of the mining location shall not be deemed to be invalid by virtue only of the failure to give such notice.

(8)Any person who fails to give any notice required in terms of this section, whether or not a mining location has been pegged, shall be guilty of an offence and liable to a fine not exceeding level three or to imprisonment for a period not exceeding one month or to both such fine and such imprisonment.[subsection amended by section 4 of Act 22 of 2001]

39. Hours of pegging and posting notices

(1)No person shall peg any mining location, which term includes the posting of a prospecting, discovery or registration notice, between six o’clock in the afternoon and six o’clock in the morning.

(2)The pegging of any locations during the period prohibited by subsection (1) shall not confer any rights whatsoever on any person.

(3)No pegging shall be deemed to be illegal by reason of being done on a Sunday or public holiday.

40. Manner in which notices to be posted

(1)If a prospecting, discovery or registration notice is posted on a notice board, such board shall be fixed on a peg.

(2)All notices shall be distinctly and legibly written, printed or painted, and no paper or other material which is liable to be washed off, and no writing liable to be rendered illegible by rain or exposure shall, except for purely temporary purposes, be deemed a proper marking.

41. Prospecting notices

(1)Subject to this Act, any holder of a prospecting licence may and, if he wishes to drill or excavate, whether at the surface or underground, shall post a notice to be called a “prospecting notice” on ground open to prospecting.

(2)Such notice shall—

(a)in so far as material be in the prescribed form, and all the particulars required by such form shall be duly filled in;

(b)be carried on a peg erected in a conspicuous and accessible place.

(3)On posting a prospecting notice the holder of the prospecting licence under which it is posted shall immediately forward to—

(a)the mining commissioner; and

(b)whichever authority or person would be entitled in terms of section thirty-eight to be given notice of intention to prospect on the land affected by the prospecting notice;

a certified copy of the prospecting notice, together with a plan based on a map issued under the authority of the State and of a scale of not less than 1:25 000 sufficiently identifying the point where such notice has been posted and the area covered thereby.

(4)No person shall post a second prospecting notice by virtue of any licence until such time as notice of abandonment has been posted on the ground previously located in the manner provided in section two hundred and fifty-eight or until the prospecting notice previously posted under the same licence has lapsed.

(5)The posting of a prospecting notice in terms of subsection (1) shall confer upon the holder of the prospecting licence under which it is posted the exclusive right of prospecting, including the right to drill and excavate, whether at the surface or underground, for a period of thirty-one days each of twenty-four hours from the time of such posting on all ground which is open to prospecting at the time of the posting of such notice within an area described by a radius of three hundred metres from the point where the prospecting notice has been posted:Provided that on the posting of a registration notice in terms of section forty-four all such rights outside the area of the block pegged shall lapse.

42. Discovery of minerals or precious stones

(1)If the holder of a prospecting licence, after posting his prospecting notice, by the work of himself or his agents, discovers within the area covered by such notice any ore or deposit of precious metals or precious stones, he shall mark the point of such discovery by a peg marked “DP”.

(2)If the holder of a prospecting licence, after the posting of his prospecting notice, in like manner discovers within the area covered by such notice any ore or deposit of any base mineral, he shall mark the point of such discovery by a peg marked “DP” and indicate upon a notice to be styled a “discovery notice” in the prescribed form, posted at the spot where his prospecting notice is posted, the position of the DP peg, the nature of the base mineral he has discovered and the date and time of the discovery, and thereupon for the remainder of the period of thirty-one days mentioned in section forty-one he shall be entitled to the sole and exclusive right of prospecting, including the right to drill and excavate, whether at the surface or underground, upon all ground open to prospecting within an area described by a radius of nine hundred metres from his prospecting notice.

(3)The intersection of a reef by a borehole shall be deemed to constitute a discovery within the meaning of this section.

(4)If the holder of more than one special prospecting licence posts two discovery notices in such positions that the areas covered by such notices overlap, and thereafter he posts a registration notice in terms of section forty-four in respect of one of such areas, so much of the common segment as lies outside the block pegged by him shall, for the unexpired period of the prospecting notice in respect of which such registration notice was posted, be deemed to form part of the area covered by the other discovery notice.

43. Pegging of precious metal, precious stones or base mineral blocks

(1)A block of precious metal or precious stones claims shall, if possible, be pegged in regular form, and may be pegged in irregular form only if it is not possible to peg it in regular form.

(2)The regular form of a block of precious metal or precious stones claims shall be a parallelogram, which for a ten claim block shall not exceed five hundred metres in length nor two hundred metres in breadth, and the block shall be pegged in the following manner—

(a)the pegger shall first measure off a straight line, which in the case of reef claims shall be in the direction of the strike of the reef, extending for a maximum distance of fifty metres in respect of each claim, not exceeding ten in all, which he desires to include in the block;

(b)the line thus established shall be known as the “centre line”, and its ends shall be established by pegs, marked E and F respectively, which shall be known as the “centre end pegs”;

(c)the pegger shall then measure off two parallel straight lines drawn as nearly as possible at right angles to the centre line, and passing respectively through each centre end peg and extending for equal distances not exceeding one hundred metres from each of those pegs on each side of the centre line;

(d)the lines thus measured off shall be known as the “end lines”, and their ends shall be established by pegs, to be known as “corner pegs”, marked A, B, C and D respectively in such manner that the line AD passes through E and the line BC passes through F;

(e)straight lines on either side of the centre line and joining the corner pegs A and B and C and D shall then constitute and be known as the “side lines” of the block;

(f)the point marked “DP” shall lie within the boundaries of the block thus established, and no ground not open to prospecting, except as otherwise provided in section thirty-four, shall be included within such boundaries.

(3)A block in irregular form of precious metal or precious stones claims shall be so pegged as to fulfil all the following conditions—

(a)it shall be bounded on not more than two sides by ground open to prospecting;

(b)its area shall not exceed the area of a regular block of ten claims;

(c)the length of any straight line which can be drawn between any two points on its boundary lines, whether the course of such line lies within or without the block, shall not exceed five hundred metres;

(d)the point marked “DP” shall lie within its boundaries, and, except as otherwise provided in section thirty-four, no ground not open to prospecting shall be included within such boundaries;

(e)in the case of reef claims the pegger shall fix pegs marked “Q” and “R” respectively at two points within the boundaries of his block, and the straight line joining such pegs shall determine the mean direction of the end lines of the block;

(f)the boundary lines shall be straight lines, and the position of all points at which they intersect shall be established by corner pegs lettered in consecutive alphabetical order commencing with the letter A.

(4)A block of base mineral claims may be pegged in any form, but shall be so pegged as to fulfil all the following conditions—

(a)the boundary lines shall be straight lines;

(b)the pegger shall erect pegs at all points of intersection of the boundary lines, and, if any boundary is more than three hundred metres in length, he shall erect intermediate pegs, so that no peg shall be more than three hundred metres from the next adjoining peg on either side;

(c)all pegs shall be lettered in consecutive alphabetical order, commencing with the letter A;

(d)the point marked “DP” shall lie within the boundaries of the block, and no ground not open to prospecting, except as otherwise provided in section thirty-four, shall be included within such boundaries.

(5)Where a block of base mineral claims is pegged by the holder of an ordinary prospecting licence it shall, in addition to the conditions mentioned in subsection (4), fulfil the following conditions—

(a)it shall consist of not more than twenty-five claims and each claim shall not exceed one hectare in extent;

(b)the length of any straight line which may be drawn between any two points on its boundary lines, whether the course of such line lies within or without the block, shall not exceed one thousand two hundred and fifty metres.

(6)Where a block of base mineral claims is pegged by the holder of a special prospecting licence, it shall, in addition to the conditions mentioned in subsection (4), fulfil the following conditions—

(a)it shall consist of not more than one hundred and fifty claims, and each claim shall not exceed one hectare in extent;

(7)Every peg mentioned in this section shall bear on it, in addition to the distinguishing letter, the number of the licence under which the block was pegged and the name of the holder of the licence.

44. Registration notices

(1)Within the period of thirty-one days each of twenty-four hours from the posting of the prospecting notice, the holder of the prospecting licence who has discovered within the area covered by such notice any ore or deposit of precious metals or precious stones or any ore or deposit of any base mineral may peg a block, and thereafter, within the said period, post upon such block a notice, to be styled a “registration notice”, in like manner to the posting of the prospecting notice, and such registration notice shall be posted adjacent to the point marked “DP”, and the block so pegged shall include such registration notice and the point marked “DP”.

(2)Failure to peg off such block, and thereafter to post such registration notice within the period mentioned in subsection (1), shall be deemed to constitute an abandonment of all rights acquired by the posting of such prospecting notice.

(3)Notwithstanding subsection (1) or (2), where the discovery of the ore or deposit is by means of a borehole, the period within which a registration notice may be posted and a block pegged shall be extended to ninety days each of twenty-four hours from the time of the posting of the prospecting notice.

(4)A registration notice shall, so far as material, be in the form prescribed, and particulars required by such form shall be duly filled in.

45. Registration of blocks

(1)The holder of any mining location upon which a registration notice has been posted may, on application to the mining commissioner within a period of thirty-one days after the date of posting such registration notice, and on payment of the prescribed fee, obtain a certificate of registration.

(2)On every such application the applicant shall lodge the following with the mining commissioner—

(a)the prospecting licence and the power of attorney or other document, if any, under and by virtue of which the block was located;

(b)a copy of the prospecting notice;

(c)in the case of a base mineral block, a copy of the discovery notice;

(d)a copy of the registration notice;

(e)a plan in triplicate based on a map issued under the authority of the State and of a scale of not less than 1:25 000, sufficiently identifying the position of the block to be registered, the position and lettering of the pegs, including the peg marked “DP”, and the position of the prospecting notice;

(f)a certificate under his hand stating that the said copies of such notices are true copies and that all facts stated therein are true and correct;

(g)if the block is pegged on ground for which the consent of the owner is required, the written consent of the owner or some person duly authorized thereto by the owner.

(3)If registration is granted, the mining commissioner shall—

(a)return to the applicant one copy of the plan lodged with the registered number of the block endorsed thereon; and

(b)send notification of such registration and one copy of the plan lodged with the registered number of the block endorsed thereon to whichever authority or person would be entitled in terms of section thirty-eight to be given notice of intention to prospect on the land on which the block is pegged; and

(c)retain a copy of the plan.

(4)When application is made for a certificate of registration of a block which has been previously registered and abandoned or forfeited, the applicant shall furnish, if possible, the previous name and registered number of the block and so far as is possible any re-pegging of any location shall perpetuate the original name of such location.

(5)If the holder of any location fails to apply for a certificate of registration in the manner prescribed within the period of thirty-one days, he shall be deemed to have abandoned such block:Provided that if such holder makes application within the said period to the mining commissioner for an extension of the period and furnishes any reason for such extension which to the mining commissioner seems good and sufficient, the mining commissioner may extend the said period for a further period not exceeding sixty-two days.

(6)If such holder of a location fails to apply for a certificate of registration in the manner prescribed within such extended period, he shall be deemed to have abandoned such block

46. Numbering of locations

The mining commissioner shall, on the original registration of every mining location, assign a registered number and name in his register.

47. Pegging of sites

(1)In this section—“property” means two or more blocks of claims, whether contiguous or otherwise, owned by one person, from which the ore is being treated at the same milling or reduction plant, or which are under the control of one registered mine manager.

(2)The holder of a registered mining location may peg on any ground open to prospecting in the vicinity of such location a site or sites for the purpose of erecting thereon residences for himself or his employees, for a mill or other machinery required for the efficient working of his location, or for tailings or waste rock dumps, for a slimes or return water dam or dams, for the purpose of burning charcoal required for his mining location, or for any other legitimate object connected with and necessary for the purposes of his location:Provided that the mining commissioner may, upon special application made to him for that purpose, and after consultation with the occupier of the land, grant permission for a site or sites to be pegged and registered on ground open to prospecting, although not in the vicinity of a registered mining location, for the purposes of such location.

(3)Save as otherwise provided in subsection (4), the maximum area which may be pegged as sites in terms of subsection (2) in respect of any one mining location or property shall be forty hectares and no one site shall exceed an area of forty hectares.

(4)The mining commissioner shall, on application made to him, permit the holder of a registered mining location or property to peg a site exceeding forty hectares or sites in the aggregate exceeding forty hectares if he is satisfied that such holder requires such larger area.

(5)In pegging a site, the position of all the points of intersection of the boundary lines, which shall be straight lines, shall be established by pegs, lettered in consecutive alphabetical order commencing with the letter A, and bear the word “site” and the registered number of the mining location in respect of which such site is pegged, and no ground not open to prospecting shall be included within such boundaries:Provided that in no case shall the distance between two adjacent pegs on the same boundary line exceed three hundred metres.

(6)Any such holder who is aggrieved by the refusal of the mining commissioner to grant permission in terms of subsection (3) may appeal against such refusal to the Administrative Court.

48. Registration of sites

(1)Any pegger of any site mentioned in section forty-seven shall, on the same day as such site is pegged, post on it a registration notice as nearly as material in the prescribed form, and shall, within a period of thirty-one days from the date of such pegging, apply to the mining commissioner for a certificate of registration.

(2)On such application he shall lodge with the mining commissioner—

(a)a copy of the registration notice; and

(b)a plan in triplicate based on a map issued under the authority of the State and of a scale of not less than 1:25 000 sufficiently identifying the form, position and extent of the site; and

(c)a certificate under his hand that the copy of the registration notice is a true copy and that all the facts therein stated are true and correct; and

(d)the prescribed registration fee.

(3)The mining commissioner shall, if satisfied that the applicant is legally entitled to peg such site, issue to him a certificate of registration.

(4)If registration of a site is granted, the mining commissioner shall—

(a)return to the applicant one copy of the plan lodged with the registered number of the site endorsed thereon; and

(b)send notification of such registration and one copy of the plan lodged with the registered number of the site endorsed thereon to whichever authority or person would be entitled in terms of section thirty-eight to be given notice of intention to prospect on the land on which the site is pegged; and

(c)retain a copy of the plan.

(5)If the pegger of a site fails to apply for a certificate of registration in the manner prescribed within the aforesaid period of thirty-one days, he shall be deemed to have abandoned such site:Provided that if such pegger makes application within the said period to the mining commissioner for an extension of the period and furnishes any reason for such extension which to the mining commissioner seems good and sufficient, the mining commissioner may extend the said period for a further period not exceeding sixty-two days.

(6)If such pegger fails to apply for a certificate of registration of the site in the manner prescribed within such extended period, he shall be deemed to have abandoned such site.

49. Sites to be attached to location

(1)Every site which is registered with the mining commissioner in terms of section forty-eight shall be deemed to be inalienably attached to the location in respect of which it was pegged, and every transfer, hypothecation, option, abandonment, forfeiture or cancellation affecting such location shall act as a transfer, hypothecation, option, abandonment, forfeiture or cancellation affecting any site attached to such location, and no separate sale, lease, hypothecation or option purporting to affect any site apart from the mining location to which it is attached shall be valid.

(2)Any order of court affecting any mining location shall be deemed to affect similarly any site attached to such location.

(3)At any time prior to the hypothecation, giving of an option or lease, abandonment, forfeiture or cancellation of a mining location the holder thereof may apply to the mining commissioner for the cancellation of the registration of any site attached thereto, and, on filing with the mining commissioner the certificate of registration of such site, and on payment of the fee prescribed in section forty-eight, for the simultaneous re-registration thereof under a fresh registered number as attached to any other mining location registered in his name in the same vicinity, and upon such re-registration such other mining location shall, for the purposes of subsection (1), be deemed to be the location in respect of which the site was pegged.

50. Cancellation of certificate of registration

(1)Subject to subsection (2), the mining commissioner may, notwithstanding subsection (1) of section fifty-eight, at any time cancel a certificate of registration issued in respect of a block or site if he is satisfied that—

(a)at the time when such block or site was pegged it was situated on ground reserved against prospecting and pegging under section thirty-one or thirty-five or on ground not open to pegging in terms of sub-section (3) of section two hundred and fifty-eight; or

(b)provisions of this Act relating to the method of pegging a block or site were not substantially complied with in respect of such block or site.

(2)At least thirty days before cancelling a certificate of registration under subsection (1), the mining commissioner shall give notice to the holder of the block or site of his intention to cancel such certificate and of the grounds for such cancellation and of the proposed date of such cancellation, and shall at the same time inform the holder that he may, at any time before that date, appeal in writing to the Minister against such cancellation.

(3)Such notice shall be given by registered letter addressed to the holder of the block or site at the postal address recorded in the office of the mining commissioner or, if no such address is recorded, by publication thereof in the Gazette.

(4)Where such an appeal is made, the Minister shall give directions to the mining commissioner as to whether or not the certificate of registration is to be cancelled, and the mining commissioner shall comply with such directions.

(5)Upon such cancellation the mining commissioner shall post upon the board whereon notices of forfeiture are posted a notice giving particulars of such cancellation and shall, in addition, publish those particulars in the Gazette and in a newspaper circulating in his district.

(6)A mining location, the certificate of registration of which has been cancelled in terms of this section, shall, for the purposes of sections two hundred and sixty-eight, two hundred and sixty-nine, three hundred and sixty-three and three hundred and seventy-five, be deemed to have been forfeited and, accordingly, any reference in section two hundred and sixty-nine to the posting of a forfeiture notice shall be read as including a reference to the posting of the notice of such cancellation.

51. Beaconing of locations

(1)Within a period of two calendar months from the date of issue of a certificate of registration in respect of any mining location, all the pegs of such location shall be replaced by stone beacons or beacons consisting of concrete or mason work:Provided that, where the pegs of a mining location have been replaced by stone beacons in terms of this subsection and thereafter a return in terms of paragraph (a) of subsection (1) of section two hundred and fifty-one has been rendered each month for six successive months in respect of that mining location, such beacons shall be replaced by beacons consisting of concrete or mason work.

(2)Every such stone beacon shall be at least six hundred millimetres high and one comma two metres in diameter at the base, and in the centre of such beacon there shall be solidly and securely fixed a peg in an upright position and standing not less than six hundred millimetres above the top of such beacon.

(3)Every such concrete or mason work beacon shall—

(a)unless securely set into the solid rock, be embedded into the ground to a depth of not less than three hundred millimetres; and

(b)be at least six hundred millimetres high; and

(c)be at least six hundred millimetres square at ground level and three hundred millimetres square at the top; and

(d)have in the centre thereof, solidly and securely fixed, a steel peg in an upright position and standing not less than six hundred millimetres above the top of the beacon.

(4)Every such concrete beacon shall be—

(a)of concrete consisting of at least one part of fresh cement to three parts of clean sand and six parts of clean stone aggregate; and

(b)solid or, if not solid, the shell thereof shall be not less than fifty millimetres thick.

(5)Where a beacon is placed on a boundary line there shall—

(a)in the case of a stone beacon, be dug two direction trenches not less than one metre long, three hundred millimetres wide and three hundred millimetres deep, or other permanent means of demarcation approved by the mining commissioner; or

(b)in the case of a concrete or mason work beacon, be engraved upon the top of the beacon, or otherwise affixed to the top of the beacon in such permanent manner as the mining commissioner may approve, two clear direction marks not less than one hundred millimetres long;

to indicate the direction of the boundary lines.

(6)The upright pegs of every beacon shall bear a metal plate, the upper edge of which shall be level with the upper edge of such peg and which shall be not less than two hundred millimetres square and shall face inwards, and on which shall be legibly printed or painted, in the order shown, the following particulars—

(a)a letter corresponding to the letter assigned to such peg in the registration notice; and

(b)the name of the block or, if a site, the word “site”; and

(c)the nature of the mineral in respect of which the location is pegged; and

(d)the registered number of the location; and

(e)the date of the original registration of the location; and

(f)the name or names of the holder or holders; and

(g)in the case of a site, the registered number of the block of claims to which it is attached.

(7)All beacons, pegs, claim plates, direction trenches and direction marks shall be kept and maintained in good order until a quittance certificate has been issued in terms of section two hundred and sixty-nine in respect of the mining location in question, and holders of mining locations shall make a certificate to the mining commissioner annually that the beacons, pegs, claim plates, direction trenches and direction marks of such location are in good order and condition and that they comply with the requirements of this Act.

(8)Subsections (2) to (6) shall not affect the validity of the beaconing of any mining location lawfully beaconed in accordance with the corresponding provisions in force immediately before the 1st January, 1974, hereinafter referred to as the old provisions, and the beacons, pegs, claim plates and direction trenches of any such location may be kept and maintained in accordance with the old provisions.

52. Survey for excess areas

(1)If at any time the mining commissioner has reason to believe that the number of claims in any block exceeds the number registered in such block, he may cause the boundaries of such block to be surveyed by a land surveyor.

(2)If the number of claims in such block is found on such survey to exceed the number registered as aforesaid, the holder thereof shall be liable to pay to the mining commissioner the cost of such survey, in addition to any amount which he may be liable to pay under section fifty-four.

(3)The mining commissioner may, before authorizing any such survey, require any person who has filed information regarding the excess to lodge with him such sum of money as may, in his opinion, be necessary to cover the cost of such survey.

(4)The money so lodged shall, in the event of any excess being established by any such survey, be repaid to the person so informing as aforesaid; but, if no excess is established, the cost of such survey shall be paid with or out of such money, and any balance returned to the person so informing.

53. Excess areas lawfully pegged

If more than ten precious metal claims have been pegged under one prospecting licence or special authority issued before the 1st September, 1935, which entitled the holder of such licence or authority to peg more than ten precious metal claims as one mining location, and such claims have been registered under one certificate of registration, all claims so registered shall be held as one block for all purposes of this Act.

54. Excess areas not lawfully pegged

(1)If at any time after the registration thereof it is found that the number of claims in a block pegged and registered under one prospecting licence or other authority exceeds the number of claims registered in such block, the mining commissioner shall notify the holder thereof.

(2)The holder thereof shall, within thirty-one days of a date to be fixed by the mining commissioner in such notice, forward to the mining commissioner the certificate of registration of such block, together with a fine of an amount equivalent to level two for each claim or portion of a claim in excess of the number of claims originally registered in such block.[subsection amended by section 4 of Act 22 of 2001]

(3)Upon receipt of the certificate of registration and the fine, the mining commissioner shall register such excess claims as part of the original block and shall endorse upon the certificate of registration of such block the number of the excess claims so registered and the date of registration.

(4)Any excess claims so registered under this Act and any excess claims similarly registered under any law relating to mines and minerals which was in force before the 1st September, 1935, shall be held, together with the claims originally registered in the block, as one block for all purposes of this Act.

55. Determination of number of claims in block

(1)In—

(a)subsection (2), every fifty metres in length and every hectare; and

(b)subsection (3), every hectare;

in area shall represent a claim.

(2)The number of claims in any precious metal or precious stones block shall be determined in a regular block by the length of the longest line which can be drawn within the block parallel to either side line, and in an irregular block by the length of the longest line which can be drawn between any two points on its boundary lines, whether the course of such line lies within or without the block, or in either case by the area, whichever may show the greater number of claims.

(3)The number of claims in every base mineral block shall be determined by its area:Provided that—

(i)in the case of a base mineral block which has been pegged by the holder of an ordinary prospecting licence, if the length of the longest straight line which can be drawn between any two points on its boundary lines, whether the course of such line lies within or without the block, exceeds one thousand two hundred and fifty metres, then, notwithstanding the fact that the total area of the block does not exceed twenty-five claims, every fifty metres of that excess of length shall be deemed to represent one claim;

(ii)in the case of a base mineral block which has been pegged by the holder of a special prospecting licence, if the length of the longest straight line which can be drawn between any two points on its boundary lines, whether the course of such line lies within or without the block, exceeds two thousand metres, then, notwithstanding the fact that the total area of the block does not exceed one hundred and fifty claims, every fifty metres of such excess of length shall be deemed to represent one claim.

(4)For the purposes of applying subsection (3) to any base mineral block registered under the provisions in force immediately before the 1st January, 1974, the first one hundred and fifty metres of any excess of length referred to in that subsection shall be disregarded.

56. Re-adjustment of internal beacons of groups of base mineral locations

Notwithstanding sections fifty-two, fifty-four and fifty-five, the Secretary may authorize the holder of any group of contiguous base mineral mining locations, after a survey thereof has been made by a land or mine surveyor, to adjust the beacons of blocks within the outside boundaries of such group of mining locations, and thereupon fines in respect of excess claims shall only be payable on the excess claims existing after the adjustment of the internal beacons of the mining locations within the area:Provided that no additional ground outside the boundary of the area originally pegged shall be included in any adjustment of beacons, nor shall the total area originally pegged be reduced.

57. Wilful overpegging

Nothing in sections fifty-two, fifty-three, fifty-four, fifty-five and fifty-six shall be deemed to relieve any person from liability under this Act to any penalty prescribed for the wilful pegging of a mining location of a larger size than he is entitled to or purports to peg.

58. Impeachment of title, when barred

When a mining location or a secondary reef in a mining location has been registered for a period of two years it shall not be competent for any person to dispute the title in respect of such location or reef on the ground that the pegging of such location or reef was invalid or illegal or that provisions of this Act were not complied with prior to the issue of the certificate of registration.

59. Lost certificates of registration

(1)If the holder of the certificate of registration or of special registration last issued in respect of any mining location has lost or mislaid such certificate he may, thirty days after publication in the Gazette, in a form to be approved by the mining commissioner, of notice of his intention to do so, apply to the mining commissioner for a duplicate copy thereof.

(2)Such holder shall furnish to the mining commissioner with his application a solemn declaration which, inter alia shall state—

(a)the fact of the loss or destruction of the certificate or that the same has been mislaid; and

(b)that he has not delivered or pledged the certificate to any person either as security for money advanced to or owing by him or otherwise; and

(c)that he is of right entitled to the mining location mentioned in the certificate of which a duplicate is required.

(3)On receipt of such application and such solemn declaration the mining commissioner shall, if he is satisfied that no good reason to the contrary exists, issue a duplicate copy of such certificate to the applicant on payment of the prescribed fee.

(4)A duplicate copy of a certificate issued in terms of this section shall supersede and take the place of the original.

60. Address to be given to mining commissioner

(1)Every holder of a mining location on registration of such location in his name at the office of the mining commissioner and every lessee and assignee of such holder shall furnish such mining commissioner with an address within Zimbabwe at which all notices, orders or other processes shall be served by the mining commissioner or other officer duly appointed for the purposes of this Act, and any such holder, lessee or assignee may at any time change such address by registering at the office of such mining commissioner any other address within Zimbabwe.

(2)Service of any such notice, order or other process at such registered address shall be deemed to have the same effect as personal service.

(3)In default of any address being registered as by this section required, the posting in the office of the mining commissioner of any such notice, order or other process shall be deemed to have the same effect as personal service.

(4)Nothing in this section contained shall be construed so as to preclude the High Court from giving such directions with regard to service as to it seem proper or expedient.

61. Obligations of partnerships and companies

(1)No more than six persons shall be registered as the joint holders of a mining location.

(2)When two or more persons are registered as the joint holders of a mining location, each and every such person shall be jointly and severally responsible for every obligation and liability attaching to the registered holder of such location.

(3)Every partnership or company which is the holder of a mining location shall at the time of registration register at the office of the mining commissioner the name of an accredited agent residing in Zimbabwe, and such agent shall, when registered, be personally responsible under this Act for all matters, acts and omissions in connection with such location in the same manner as if such location were registered in his name as his own property.

(4)If such partnership or company at any time revokes the registration of any such accredited agent, it shall register some other person as its accredited agent.

(5)A registered accredited agent may at any time resign his appointment as such by giving notice in writing to the mining commissioner, but such resignation shall not take effect until the expiration of forty-eight hours after the receipt of such notice by the mining commissioner.

(6)Where a registered accredited agent has resigned, the partnership or company concerned shall, within forty-eight hours after receipt of notice from the mining commissioner of the fact of such resignation, register some other person as its accredited agent.

(7)Subsections (3), (4) and (6) shall apply to every partnership or company which is working a mining location under tribute or option:Provided that the time of registration shall be within two weeks of the start of such working.

(8)Nothing in this section shall be taken in any way to relieve a company or the members of a partnership of any liability incurred or any duty imposed under this Act in regard to any mining location held by such company or such partnership.

62. Cancellation of certificate of registration without abandonment

(1)On application by the holder of any registered mining location, and on the production of the certificate of its registration, the Secretary may, at his discretion, authorize a mining commissioner to cancel such certificate of registration of such location without abandonment or forfeiture of such location, and cause to be issued to the said holder at one and the same time a fresh certificate or certificates of registration of the whole or any portion or portions of such location which have been previously beaconed off within such location in the manner prescribed in this Act, assigning to such certificate or certificates fresh registered numbers.

(2)The said holder shall pay to the mining commissioner the prescribed fee for each such fresh certificate.

(3)Within a period of seven days from the date of issue of such fresh certificate or certificates, or within such period as the mining commissioner may fix, the holder of such location shall remove all the beacons of the original mining location not used for the beaconing of the new portion or portions, and on the beacons of the new portion or portions shall replace the registered number originally assigned to such location by the new registered number assigned to such portion or portions.

Part V – Prospecting and pegging on ground reserved against prospecting and pegging

63. Interpretation in Part V

In this Part—“order” means an order made under section seventy-one or seventy-two;“owner”, in relation to State land, means the Minister responsible for the administration of such land;“reserved ground” means land upon which a prospector is prohibited in terms of paragraphs (a) and (g) of subsection (1) of section thirty-one from exercising any of his rights under his prospecting licence without the consent in writing of the owner of the land, but does not include that portion of such land which lies within two hundred and twenty-five metres of the site of the principal homestead mentioned in subparagraph (i) of paragraph (a) of that subsection.

64. Application for authority to prospect on reserved ground

(1)Any person may make written application to the Board for authority to prospect on reserved ground.

(2)The applicant shall furnish to the Board—

(a)full details of that portion of the reserved ground on which authority to prospect is sought, together with a plan thereof prepared by a mine or land surveyor; and

(b)the reasons why he thinks that such reserved ground may warrant the granting of the authority; and

(c)full information as to his financial status; and

(d)any other information relative to the application which may be required of him by the Board.

(3)On receipt of the application by the Board—

(a)the chairman of the Board may issue a direction to the mining commissioner to reserve the ground to which the application relates against prospecting and pegging in terms of section thirty-five, and the mining commissioner shall, without obtaining the authority of the Minister, forthwith reserve such ground accordingly;

(b)the Board may refuse the application or approve it provisionally.

65. Procedure on provisional approval

(1)If the Board provisionally approves such application it shall—

(a)unless the chairman of the Board has issued a direction to the mining commissioner under paragraph (a) of subsection (3) of section sixty-four itself issue such a direction, and the mining commissioner shall comply therewith; and

(b)after the mining commissioner has reserved the ground in accordance with a direction given under paragraph (a) of subsection (3) of section sixty-four or paragraph (a), notify the owner and the occupier, if any, of the reserved ground, of the application and require them to inform the Board in writing within thirty days of such notification whether they object to the grant of the application.

(2)Notification in terms of paragraph (b) of subsection (1) shall be given by posting a registered letter to the owner and the occupier, if any.

66. Grant or refusal of application

(1)If an owner or occupier of reserved ground informs the Board that he has objections to the grant of the application, the Board shall, on a day fixed by it and notified to the applicant and the objector, hear such evidence and arguments as those persons may wish to lay before it in regard to the grant or refusal of the application.

(2)If no notification of objection to the grant of the application has been received from the owner or the occupier, or if no notification was given in terms of paragraph (b) of subsection (1) of section sixty-five owing to the whereabouts of the owner and the occupier, if any, being unknown to the Board, the Board shall proceed with the consideration of the application.

67. Board’s powers in regard to application for authority to prospect

(1)The Board may, after holding a hearing in terms of subsection (1) of section sixty-six or considering the application in terms of subsection (2) of that section—

(a)grant authority to the applicant to prospect on such ground in such manner and by such means and for such period as shall be specified by the Board in such authority, if the Board is satisfied—

(i)that the applicant’s financial status is such that he will be able to pay any sum which may become payable by him under section eighty or eighty-two as a result of the exercise of his rights under such authority; and

(ii)that minerals are likely to occur within the area to which the application relates; and

(iii)that little or no interference with the rights of the owner or occupier of the ground will result from such prospecting; or

(b)refuse the application.

(2)Before granting any such authority, the Board—

(a)shall consult the Natural Resources Board;

(b)may, and, if so required by the owner or the occupier of any of the reserved ground, shall, require the applicant to furnish a guarantee satisfactory to the Board for the payment of the sum mentioned in subparagraph (i) of paragraph (a) of subsection (1).

(3)The Board may attach to an authority such conditions as it may think fit.

68. Extension and amendment of authority granted under section 67

(1)The holder of an authority granted under section sixty-seven may, at any time before the expiry of the period for which the authority was granted, make written application to the Board—

(a)for an extension of the period for which the authority was granted;

(b)for the amendment of the authority in respect of the manner in or means by which the prospecting operations are to be carried out.

(2)On receipt of such application the Board shall notify the owner and the occupier, if any, of the reserved ground of such application and require them to inform the Board in writing within thirty days of such notification whether they object to the grant of the application, and subsection (2) of section sixty-five shall apply, mutatis mutandis, in respect of such notification.

(3)Sections sixty-six and sixty-seven shall apply, mutatis mutandis, in respect of such application.

(4)The holder of an authority in respect of which an extension of the period has been granted under this section may, in like manner and subject to the like conditions, from time to time apply for and be granted an extension or amendment of the authority.

69. Board may authorize more extensive prospecting operations

(1)Where, on the written application of the holder of an authority granted under section sixty-seven made before the date on which the reservation in respect of the reserved ground is withdrawn by the mining commissioner under section eighty-one, the Board is satisfied that, having regard to the results of the prospecting operations carried out on the reserved ground under the authority, such a course is justified, it may, after consultation with the owner and the occupier, if any, of such ground, grant authority for the conduct of such more extensive prospecting operations on such ground as shall be specified by the Board and in such manner and by such means and during such period as the Board may specify.

(2)Subsection (2) of section sixty-seven shall apply, mutatis mutandis, in respect of such authority.

(3)The Board may attach to an authority such conditions as it may think fit.

(4)It shall be a condition of every authority granted under this section and of every extension thereof that the holder of the authority shall conduct prospecting operations progressively inwards from the perimeter of the reserved ground in such manner as the Board shall specify in the authority, but the Board may grant exemption from such a condition if it is satisfied that the proper prospecting of the area would be unduly impeded thereby.

70. Extension and amendment of authority granted under section 69

(1)The holder of an authority granted under section sixty-nine may, at any time before the expiry of the period for which the authority was granted, make written application to the Board—

(a)for an extension of the period for which the authority was granted;

(b)for the amendment of the authority in respect of the manner in or means by which the prospecting operations are to be carried out.

(2)The Board may, after consultation with the owner and the occupier, if any, of the reserved ground, refuse such application or grant it subject to such conditions and for such period as it may think fit.

(3)Subsection (2) of section sixty-seven shall apply, mutatis mutandis, in respect of such authority.

71. Holder of authority may apply for order

(1)The holder of an authority granted under section sixty-seven or sixty-nine may, at any time before the date on which the reservation in respect of the reserved ground is withdrawn by the mining commissioner under section eighty-one, in writing request the Board to recommend to the Administrative Court that an order be made by that Court authorizing the acquisition by him of mining title in such form and to or in respect of so much of the reserved ground as shall be specified in such request.

(2)On receipt of the request, the Board shall—

(a)if it is not satisfied that, having regard to the results of prospecting operations carried out under the authority, a deposit of minerals exists which is economic or likely to prove economic, refuse the request; or

(b)if it is so satisfied, refer the matter to the Administrative Court, together with its recommendation that mining title be granted, as to the form of such title, the area to be covered by such title and the conditions to be attached to such title, and as to any other matter which to it may seem relevant:

Provided that where the owner and the occupier, if any, of the reserved ground have agreed in writing that the Board should itself issue the order and such agreement has been lodged with the Board, the Board shall not refer the matter to the Administrative Court and may itself issue an order for the grant of mining title in such form as it may determine and subject to such terms and conditions as may have been agreed upon by the parties and notified to the Board and such additional terms and conditions as the Board may determine.

72. Grant or refusal of order by Administrative Court

(1)Where a matter has been referred to the Administrative Court under section seventy-one, the Court shall, on a day fixed by it and notified in writing by registered post to the person seeking the order and the owner and the occupier, if any, of the reserved ground concerned, hear such evidence and arguments as those persons may wish to lay before it in regard to the grant or refusal of the order.

(2)Subject to subsection (3), the Administrative Court may grant or refuse to grant an order.

(3)The Administrative Court shall not grant an order—

(a)unless it is satisfied that the national interest would be better served by the ground in respect of which the order is sought being used for mining purposes than by its being used for agricultural purposes;

(b)unless, if the owner or occupier of the reserved ground concerned has so required, the personseeking the order has furnished a guarantee satisfactory to the Court for the payment of any sum which may become payable by him under the provisions of this Part by way of compensation or in respect of the acquisition by him of the reserved ground or of the holding of which the reserved ground forms a part.

(4)The Administrative Court may, in granting an order, attach thereto such conditions as to it may seem necessary or desirable, and shall attach a condition as to the period within which the rights under the order may be exercised.

73. Appeals

(1)There shall be no appeal against the grant or refusal by the Board of an application for an authority under section sixty-seven or sixty-nine or for the extension or amendment of an authority under section sixty-eight or seventy or the refusal of the Board to recommend a request for an order under section seventy-one.

(2)Any person who is aggrieved by a decision of the Administrative Court on a matter referred to it under section seventy-one may, within thirty days of such decision, appeal against that decision to the Supreme Court.

74. Persons to whom copies of order to be sent

The registrar of the Administrative Court shall by registered post send a copy of the order to the owner and the occupier, if any, of the reserved ground to which the order relates, to the person in whose favour it is made, to the mining commissioner and to the Board.

75. Authority or order may not be ceded

The rights granted under an authority granted under this Part or an order shall be personal to the holder thereof who may not cede or assign any such rights to any other person:Provided that the rights granted under an order may be ceded or assigned with the permission in writing of the owner of the reserved ground or on the authority of the Administrative Court.

76. Rights of holders of authorities and orders

(1)The person to whom an authority is granted under this Part shall, subject to the terms and conditions of such authority and in terms of this Act, and notwithstanding the reservation of the ground on a direction given under this Part, have the sole and exclusive right of prospecting on the reserved ground to which such authority relates.

(2)The person in whose favour an order is made shall, subject to the terms and conditions of such order and in terms of this Act, and notwithstanding the reservation of the ground on a direction given under this Part, have the sole and exclusive right of pegging and registering mining locations on or acquiring mining leases in respect of the reserved ground to which such order relates.

77. Revocation of authority or order

(1)If the person to whom an authority has been granted under this Part or the holder of an order fails to comply with any of the terms and conditions attached to such authority or order, as the case may be, he shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[subsection amended by section 4 of Act 22 of 2001]

(2)Where a person to whom such authority has been granted fails to comply with the terms and conditions thereof, the Board may, in addition, revoke the authority.

(3)Where the holder of an order fails to comply with the terms and conditions thereof, the Administrative Court may, in addition, revoke the order and may direct the mining commissioner to declare any mining location registered by virtue of such order and held by such holder to be forfeited, and the mining commissioner shall, whether or not such mining location is currently protected from forfeiture by an inspection or protection certificate issued in terms of Part XI, comply with such direction.

78. Approval of transfer of mining location

(1)A mining location which has been registered on reserved ground under an order may not as long as the ground remains reserved be transferred except to a person approved of by the Board, after consultation with the owner and the occupier, if any, of such reserved ground.

(2)The Board shall not approve of the transfer of such a mining location to any person unless he has furnished a guarantee satisfactory to the Board for the payment of such sum as is mentioned in paragraph (b) of subsection (3) of section seventy-two and the Board is satisfied that the holder of such location has paid all compensation and other moneys payable by him in terms of the order by virtue of which the location was pegged and registered or in terms of this Part.

79. Forfeiture of mining location

(1)The terms and conditions of every order which relates to mining on reserved ground shall be binding on any person to whom a mining location registered under such order is transferred and on any miner thereof.

(2)If any such person fails to comply with any such terms or conditions, the Board may forthwith direct the mining commissioner to declare such mining location forfeited, and the mining commissioner shall, whether or not such mining location is currently protected from forfeiture by an inspection or protection certificate issued in terms of Part XI, comply with such direction.

80. Compensation

Any owner or occupier of reserved ground who is injuriously affected by the exercise of any rights under an authority or order granted under this Part or by any mining operation on any mining location registered under such order shall be entitled to recover compensation from the person to whom the authority was granted or in whose favour the order was made or the holder of the mining location, as the case may be, in such amount as may be agreed upon or, failing such agreement, as shall be determined by the Administrative Court.

81. Withdrawal of reservation

The Board shall, if it is satisfied that the reservation of any ground made under section thirty-five in consequence of a direction given under paragraph (a) of subsection (3) of section sixty-four or paragraph (a) of sub-section (1) of section sixty-five is no longer necessary, direct the mining commissioner to withdraw such reservation, and the mining commissioner shall comply with such direction.

82. Compulsory acquisition of land by holder of an authority or order

(1)Where an authority has been granted under this Part in respect of reserved ground mentioned in subparagraph (i) or (ii) of paragraph (a) of subsection (1) of section thirty-one or an order has been granted in respect of any reserved ground, the owner of such reserved ground may, subject to this section, apply to the High Court for an order compelling the holder of such authority or order, as the case may be, to acquire by purchase, exchange or otherwise the whole or a portion of the holding of which such reserved ground forms a part.

(2)At least thirty days before making such application, the owner of the reserved ground shall by registered post give notice in writing to the holder of the authority or order, as the case may be, of his intention to make such application.

(3)Notwithstanding section eighty-four, the holder of an authority or order, as the case may be, to whom notice has been given under subsection (2), may not after the expiry of a period of twenty-one days from the date of the receipt by him of such notice and until the High Court has disposed of the application or the application has been withdrawn, relinquish his rights under such authority or order, as the case may be.

(4)On an application made under this section, the High Court may refuse the order applied for or may grant it if the Court is satisfied that—

(a)the holder of the authority or order, as the case may be, is not precluded by the provisions of the Constitution or any enactment from owning such land; and

(b)the exercise by the holder of the authority or order, as the case may be, of the rights granted thereunder has resulted or is likely to result in such interference with the rights of the owner or occupier of the reserved ground as will render such ground or the holding of which such ground forms a part unsuitable, as far as such owner or occupier is concerned, for the purpose for which it was being used or was bona fide intended to be used immediately before the date of the making of the application to that Court and where such application is for an order compelling the acquisition of the whole of the holding or a portion thereof by an exchange of land, or partly by an exchange of land and partly by some other means, and the land required to be given in exchange for such holding or portion thereof is State land, the Court may make its order conditional upon such land being made available by the President for the purposes of such exchange.

(5)In deciding whether to grant or refuse the order applied for, the Court shall have regard to the stage which the prospecting operations of the holder of the authority or order, as the case may be, have reached at the time of the application and the extent to which minerals are present on the land and the economic possibilities of such minerals.

(6)If the High Court grants the order it shall determine the price to be paid or other consideration to be given for the reserved ground, having regard to the matters set out in section eighty-three.

(7)The costs of both parties to an application under this section shall be borne by the holder of the authority or order, as the case may be:Provided that the High Court may make such order as to costs as to it seems just if the Court is of the opinion—

(a)that the applicant has unreasonably refused a fair offer for the acquisition of the holding concerned or portion thereof by such holder; or

(b)that the application is vexatious or frivolous.

(8)Where the owner of the reserved ground and the holder of the authority or order, as the case may be, have agreed in writing, the application mentioned in subsection (1) may be made to the Administrative Court, and in that event subsections (2) to (7) shall apply, mutatis mutandis, to and in respect of any such application.

(9)Any person who is aggrieved by the decision of the Administrative Court on an application made to it under subsection (8) may appeal against that decision to the Supreme Court.

83. Factors to be considered in fixing price

Where a Court grants an order under section eighty-two it shall, in determining the price to be paid or other consideration to be given for the land by the holder of the authority or order, as the case may be, make due allowance for—

(a)the value of any improvements on and development of the land;

(b)the possible loss of profits over the period of three years next succeeding the date of the application for such order;

(c)the depreciation, if any, in the value of that portion of the holding which is not the subject of such order;

(d)the expense or loss, other than loss of profits, caused to the owner by the grant of the authority or order;

(e)any other loss directly or indirectly caused by the grant of the authority or order or the exercise of any right granted thereunder;

but no account shall be taken of any minerals which have been or may be discovered on such land.

84. Relinquishment of rights under an authority or order

(1)Save as otherwise provided in section eighty-two, the holder of an authority or order granted under this Part may at any time give notice in writing to the owner or occupier of the reserved ground to which such authority or order, as the case may be, relates of his intention to relinquish his rights under such authority or order, as the case may be, and shall lodge a copy of such notice with the Board.

(2)The rights of such holder under the authority or order, as the case may be, shall cease with effect from the time and date of the lodging of such notice with the Board.

(3)Nothing in this section contained shall affect the right of the owner or the occupier, if any, of the re-served ground to claim compensation from the holder of the authority or order, as the case may be, in respect of damage arising from anything done by the holder before the date of such relinquishment.

85. Board’s authority required for acquisition of mining title in certain circumstances

(1)Where the Board has made a recommendation under section seventy-one, it shall not be competent, except with the authority of the Board, for any person other than the person at whose request that recommendation was made to peg and register a mining location or to be granted a mining lease on or in respect of the whole or any portion of the ground to which such recommendation relates, within a period of seven years from the date of such recommendation.

(2)The Board may, in granting such authority, attach thereto such conditions as it thinks fit, including a condition as to the reimbursement of the person at whose request the recommendation was made in respect of any expenditure incurred by him in connection with or arising out of operations conducted by him on the reserved ground concerned and as to the payment to him of such reward for any discovery made by him as the Board considers just.

Part VI – Exclusive prospecting reservations

86. Interpretation in Part VI

In this Part—“concession holder” means a person in whose favour an order has been made;“order” means an exclusive prospecting order made in terms of this Part;“programme” means the programme of operations mentioned in section ninety-six;“reservation” means the area embraced by an order.

87. Application for order

(1)Any person may make written application to the Board for the making of an order in his favour over any defined area in Zimbabwe, including any area reserved under section thirty-five.

(2)The applicant shall—

(a)deposit with the Secretary in respect of a period of six months a sum calculated at the rate of one hundred United States dollars per month for every hectare or part of a hectare of the area in respect of which the order is sought:[subsection amended by Act 10 of 2009]Provided that a deposit in terms of this paragraph shall not exceed ninety thousand dollars; and

(b)furnish the Board with—

(i)full information as to his financial status;

(ii)if so required by the Board, particulars of any guarantees that may be offered for the performance of his obligations under the order;

(iii)particulars of the minerals which he wishes to seek and mine;

(iv)details illustrated by a sketch plan of the area to be embraced by the order and the size of such area;

(v)a statement whether or not he wishes the order to authorize him to prospect for specified minerals on any registered base mineral blocks within the reservation;

(vi)any further information required of him by the Board;

(vii)if the applicant is a company, the full names and nationality of the directors and the full names by which those directors have at any time been known in any part of the world;

(viii)a programme of the prospecting operations he intends to carry out within the reservation during the first period of six months from the date of granting the order.

(3)The chairman of the Board may provisionally approve an application before it is considered by the Board and, if he does so, he shall issue a direction to the mining commissioner to reserve the area embraced by the application against prospecting and pegging in terms of section thirty-five, and the mining commissioner, without obtaining the authority of the Minister, shall forthwith reserve such area accordingly.

(4)On receipt of the application the chairman of the Board shall—

(a)publish a notice in the Gazette giving details of the application and inviting objections thereto; and

(b)if in any application authorization is sought to prospect on any registered base mineral blocks within the proposed reservation, give written notice to every registered holder of any such block.

88. Hearing of application by Board

The Board shall, at a place and on a day fixed by it and notified to the applicant and to any person who has lodged written objection with the Board to the grant of the application, hear such evidence and arguments as those persons may wish to lay before it in regard to the grant or refusal of the application or any part thereof.

89. Board’s recommendation in respect of application

(1)If on any application under this Part the Board is satisfied—

(a)that the applicant is a fit and proper person to obtain an order and is of adequate financial standing to undertake the operations under an order; and

(b)that it would not be against the national interest to make such an order;

the Board may, subject to section ninety-three, recommend to the Minister the making of an order in favour of the applicant over such area and subject to such conditions as the Board may think fit to recommend.

(2)In making a recommendation in terms of subsection (1) the Board may recommend, in accordance with subsection (3) of section ninety-three, that the area to be embraced by the order applied for should exceed the maximum area specified in paragraph (a), (b) or (c), as the case may be, of subsection (2) of section ninety-three.

(3)If on any such application the Board is not satisfied in terms of subsection (1), it shall refuse to recommend the application and shall notify the applicant accordingly and such refusal shall be final and without appeal.

90. President may approve or refuse order

(1)Whenever on any application under this Part the Board recommends the making of an order, it shall submit to the Minister the application, together with all relevant documents, its written report and its recommendation in regard thereto.

(2)The Minister shall submit such recommendation to the President, who may refuse the application or authorize the issue of an order in terms of the recommendation of the Board or on such amended terms and conditions as he may think fit to fix.

91. Issue of order

(1)If the President has approved of the making of an order, the Minister shall forthwith make an order in favour of the applicant which shall be in accordance with the terms and conditions fixed by the President and which shall specify the date from which the rights granted thereunder may be exercised and the date upon which the exercise of those rights shall cease.

(2)Every order shall be published in the Gazette and a copy of such order shall be sent to the applicant, to the Board and to the mining commissioner of the district in which the reservation is situated.

(3)Every order shall be laid before Parliament as soon as may be after Parliament next sits after the order is published in the Gazette.

(4)Where an order is made any reservation of the ground made in accordance with a direction given under subsection (3) of section eighty-seventy shall be deemed to have been withdrawn by the mining commissioner in all respects as if he had posted a notice of such withdrawal under that section at six o’clock in the morning on the day specified in the order as being the date from which the rights granted thereunder may be exercised.

92. Rights granted under order may not be ceded

(1)The rights granted under an order shall be personal to the concession holder who may not, save with the permission in writing of the Minister given in terms of subsection (2), cede or assign any such rights to any other person.

(2)The Minister may, on the recommendation of the Board and on such terms and conditions as the Board may recommend, permit a concession holder to cede or assign such rights to another person, but the Board shall only make such a recommendation in circumstances which it considers to be special.

93. Limitation of area of reservation

(1)For the purposes of subsection (5) a block shall be regarded as being worked or developed if the current inspection certificate for such block was obtained by any method other than by the payment of a fee in terms of section two hundred and twelve.

(2)Subject to subsection (3), no reservation shall exceed—

(a)in the case of an order made solely in respect of coal, mineral oils or natural gases, one hundred and thirty thousand hectares;

(b)in the case of an order which includes precious stones, other than diamonds, two thousand six hundred hectares;

(c)in the case of any other order, sixty-five thousand hectares;

and no order shall be granted in respect of an area which is less than two thousand six hundred hectares, except in the case of an order granted solely in respect of precious metals or precious stones.[subsection amended by Act 10 of 2009 and Act 5 of 2010]

(3)A reservation may exceed the maximum area specified in paragraph (a), (b) or (c), as the case may be, of subsection (2) if the Board, having due regard to—

(a)the particular suitability of the applicant and his financial and operational capacity to fulfil the obligations under and within the period of the order recommended by the Board in relation to the minerals specified therein; and

(b)the geographical situation of the area and the nature and extent of previous and current prospecting and mining activity therein; and

(c)the absence of and the need for geological mapping, geophysical and geochemical investigations and other relative geological detail in respect of the area;

recommends that the reservation should exceed the said maximum area.

(4)An order may require a concession holder—

(a)to furnish guarantees to the Minister to his satisfaction that the obligations of the holder under the order will be discharged;

(b)to abandon a portion or portions of the reservation within such period or periods as are specified in the order.

(5)Subject to such terms and conditions as may be prescribed in the order, an order may authorize the concession holder to prospect on all registered base mineral blocks or specified registered base mineral blocks in his reservation which are not being worked or developed on the date of the lodging of the application for the order, but, save as aforesaid, no order may be made to authorize prospecting on any other registered block.

(6)Nothing in this section contained shall be deemed to prohibit the fixing of additional terms and conditions under an order.

94. Duration of order

No order shall be granted for a period in excess of three years but an order may be extended by the Minister, on the recommendation of the Board, for a further period or periods not exceeding three years in all.

95. Challenge of validity of order, when barred

(1)After a period of twelve months has elapsed since the date of publication of an order in the Gazette, it shall not be competent for any person to allege that any of the provisions of this Act were not complied with prior to the making of the order.

(2)Within thirty days of the extension of any order granted in terms of subsection (1), the concession holder shall deposit with the Secretary a sum calculated in accordance with the provisions of paragraph (a) of sub-section (2) of section eighty-eight.

96. Submission of programmes of work

(1)Every concession holder shall, from time to time, prepare and submit for the approval of the Board programmes of the prospecting operations which he intends to carry out within his reservation during periods of six months.

(2)The first programme prepared in terms of subsection (1) shall be submitted for the approval of the Board at the time of the application for the grant of an order in terms of subsection (1) of section eighty-seven.

(3)The second programme and all other subsequent programmes shall, unless the concession holder has previously abandoned the whole of his reservation under section one hundred and twelve, be submitted for the approval of the Board not later than thirty days after the expiry of the period within which the last preceding programme was required to be carried out or, if an extension of such period has been granted under subsection (2) of section one hundred, not later than thirty days after the expiry of the extended period.

(4)Every programme shall contain particulars of the prospecting operations which are intended to be carried out thereunder and of the estimated cost of such operations.

97. Deposit by concession holder in respect of longer period

(1)Where the Board has approved a longer period under subsection (2) of section ninety-six, the concession holder shall, within thirty days from the date of such approval, if so required by the Board, deposit with the Secretary a further sum calculated at the rate set out in paragraph (a) of subsection (2) of section eighty-seven in respect of so much of such longer period as exceeds six months:Provided that—

(i)a deposit in terms of this subsection shall not, together with the deposit made in terms of paragraph (a) of subsection (2) of section eighty-seven, exceed ninety thousand dollars;

(ii)where the deposit made in terms of paragraph (a) of subsection (2) of section eighty-seven amounts to ninety thousand dollars, no deposit shall be required in terms of this subsection.

(2)If the concession holder fails to comply with a requirement in terms of subsection (1), the Board may recommend to the Minister that the order be revoked and the Minister may revoke the order.

98. Powers of Board in regard to programmes

On receipt of a programme, the Board shall consider it and—

(a)if satisfied that the programme makes provision for the proper prospecting of the reservation and that the estimated expenditure is consistent with the programme, the Board shall approve it;

(b)if not so satisfied, the Board shall reject the programme.

99. Failure to submit programme

(1)If the concession holder fails to submit a programme within the period mentioned in section ninety-six, or if the programme submitted does not satisfy the Board, the Board shall by notice in writing require the concession holder to submit a programme or an amended programme, as the case may be, within such period, being not less than thirty days, as the Board shall specify in such notice.

(2)If at the end of the period specified in the notice the concession holder has not submitted a programme satisfactory to the Board, the Board shall inform the Minister, and the Minister shall revoke the order.

(3)The Minister, when he revokes the order, may, on the recommendation of the Board, by action in any court of competent jurisdiction recover from the concession holder as a penalty a sum calculated at the rate of one hundred United States dollars per hectare or portion of a hectare of the reservation in respect of each month or portion of a month between the date of the revocation of the order and the date of expiry of the order.[subsection amended by Act 10 of 2009]

(4)Notice under subsection (1) shall be given by posting a registered letter to the concession holder.

100. Report by concession holder on work carried out

(1)Every concession holder shall carry out the programme of work approved by the Board under section ninety-eight within the period covered by such programme or any extension thereof granted under subsection (2), and shall at any time after the completion thereof, but not later than thirty days after the expiry of such period or any extension thereof, submit to the Board a written report on the work carried out by him during the period covered by the programme, including particulars of the expenditure incurred in the carrying out of such work.

(2)The Board may, on application made to it before the expiry of the period covered by the programme, grant such extension of the period within which the programme of work is required to be carried out, as the Board may think fit, and where such extension has been granted, the Board may from time to time grant further extensions of such period.

(3)Where the Board has granted such an extension, the Minister may, on the recommendation of the Board, recover from the concession holder a sum calculated at the rate of one hundred United States dollars per hectare or portion of a hectare of the reservation for each month or portion of a month of such extension.[subsection amended by Act 10 of 2009]

101. Failure to complete programme

(1)If a concession holder fails to satisfy the Board that he has carried out the programme approved by the Board, within the period covered by such programme or such extended period as the Board may have granted under section one hundred, the Board may recommend to the Minister—

(a)that the order be revoked; and

(b)that there be recovered from the concession holder such sum of money as, in the opinion of the Board, it would have been necessary for the concession holder to expend in order to carry out or complete, as the case may be, such programme.

(2)Where the Board does not recommend that the order be revoked the order shall continue in all respects as if the programme had been completed.

(3)Where the Board has recommended that the order be revoked, the Minister shall revoke such order, and if the Board has made a recommendation mentioned in paragraph (b) of subsection (1), the Minister may by action in any court of competent jurisdiction recover such sum from the concession holder.

102. Failure to submit report

(1)If a concession holder fails to submit a report in terms of subsection (1) of section one hundred, the Board shall notify him in writing that no report has been received and that the order is liable to be revoked.

(2)If such report is not received by the Board within twenty-one days of the posting of such notification, the Board shall inform the Minister, and the Minister shall revoke the order.

(3)Notification under subsection (1) shall be given by posting a registered letter to the concession holder.

103. Rights of concession holders

(1)In this section—“private land” does not include Communal Land.

(2)Save as provided in section one hundred and six, within a reservation no person, other than the concession holder, may in terms of this Act prospect or peg and register any mining location or be issued with a special grant in respect of coal, mineral oils or natural gases:Provided that the Minister may, on the recommendation of the Board, and with the consent of the concession holder, which consent shall not be unreasonably withheld, authorize within such period as he may specify, any person to peg and register a mining location within a reservation for a mineral other than a mineral for which the concession holder is authorized to prospect.

(3)No person shall peg and register more than five mining locations under an authority issued in terms of subsection (2).

(4)No base mineral mining location pegged and registered under an authority issued in terms of subsection (2) shall exceed twenty-five claims.

(5)The concession holder shall retain his right to prospect over any mining location pegged and registered under an authority issued in terms of subsection (2).

(6)Subject to any provision in his order limiting the minerals for which he may prospect or peg and register mining locations, a concession holder shall, in terms of this Act, have the right of prospecting and pegging and registering mining locations in his reservation or may within his reservation be issued with a special grant in respect of coal, mineral oils or natural gases:Provided that a concession holder—

(a)need not take out a prospecting licence or post a prospecting or discovery or registration notice in terms of this Act; and

(b)shall not be subject to subsection (2) of section twenty-seven.

(7)Within his reservation a concession holder shall, when bona fide employed in the exercise of any of the rights conferred by his order, the onus of proof whereof shall lie upon him, be entitled to the following rights—

(a)the right to take free of charge for primary purposes any public water or private water from land not closed to prospecting in terms of section thirty-one or thirty-four, but only in so far as such taking does not interfere with the use of such water for primary purposes by the owner or occupier of the land;

(b)subject to this section and of the Forest Act [Chapter 19:05] and to such conditions as may be prescribed and on payment to the occupier or, where there is no occupier, the owner of the land in advance of such tariff rate as may be prescribed, the right to take and use for firewood or for any purposes connected with his prospecting operations any indigenous wood or timber from land open to prospecting which is neither Communal Land nor land in regard to which a reservation has been made under section thirty-six or thirty-seven;

(c)subject to this section, the right to erect on land open to prospecting any temporary accommodation for himself and his employees and any temporary buildings or machinery for the purposes of his work:Provided that this paragraph shall not be deemed to confer any right, title or interest in any land upon which such accommodation, buildings or machinery may have been erected;

(d)the right to remove, within three months or such longer period as may be determined by the mining commissioner after the expiration or revocation of his order, any accommodation, buildings or machinery which may have been erected under paragraph (c).

(8)A concession holder who desires to take indigenous wood or timber from land referred to in paragraph (b) of subsection (7) which is private land shall give notice of such desire—

(a)if the land is occupied, to the occupier of the land in person or by registered letter addressed to the occupier at his ordinary postal address; or

(b)if the land is unoccupied, by registered letter addressed to the owner at his ordinary postal address;

and thereafter the concession holder and the occupier or owner may agree as to the area and period within which such wood or timber may be taken, the quantity and kinds of such wood or timber to be taken, the price to be paid for such wood or timber and any other conditions relating to such wood or timber.

(9)If, within a period of seven days from the date of the giving of notice in terms of subsection (8), no agreement has been concluded in accordance with that subsection, the concession holder shall have the rights conferred upon him by paragraph (b) of subsection (7) in respect of the land concerned.

(10)A concession holder who accommodates employees on occupied private land situated within his reservation for longer than seven days shall forthwith give to the occupier of the land written notice of that fact describing the site of the accommodation.

(11)If an occupier of private land to whom notice has been given in terms of subsection (10) objects to the site chosen for such accommodation by the concession holder and agreement between the occupier and the concession holder on any such objection is not reached, the occupier may, within seven days of receipt of the notice or such longer period as may be determined by the mining commissioner, refer the matter to the mining commissioner to decide where the employees of the concession holder should be accommodated and the decision of the mining commissioner shall be final and without appeal.

104. Cutting and transporting of timber

(1)If, in regard to any indigenous wood or timber required in connection with his prospecting operations, any concession holder does not carry out by his own labour or by the labour of his employees or with his own transport all or any of the following operations—

(a)the cutting of such wood or timber;

(b)the transporting of such wood or timber;

(c)the burning therefrom of any charcoal;

then the occupier of the land on which such wood or timber is situated shall have the first option of carrying out such cutting or transporting or burning or all such operations, as the case may be, on such terms and conditions as may be mutually agreed upon.

(2)If no mutual agreement is reached, the matter shall be referred to the mining commissioner to decide on what terms and conditions and within what time the occupier of the land may exercise his option.

105. Approved prospector to be in charge of all operations

(1)A concession holder may, in writing under his hand, appoint one or more approved prospectors to act as his representatives under his order and any such representative shall act under that order solely for the benefit of the concession holder.

(2)The rights conferred by this Act upon the concession holder by section one hundred and three—

(a)shall be exercised by the concession holder personally only if he is an approved prospector;

(b)shall, where the concession holder is not an approved prospector, be exercised only through a representative appointed by the concession holder in terms of subsection (1).

(3)Without prejudice to any right of the concession holder to terminate any such appointment, the appointment of a person as a representative in terms of subsection (1) shall automatically be terminated if the registration of that person as an approved prospector expires or is cancelled or suspended.

106. Concession holder’s rights limited in certain cases

(1)For the purposes of this section—

(a)a block shall be regarded as being developed—

(i)during the period between the date of first registration thereof and the date of issue of the first inspection certificate for such block;

(ii)if the current inspection certificate for such block was obtained by any method other than by payment of a fee in terms of section two hundred and twelve;

(b)a “property” means two or more blocks of claims, whether contiguous or otherwise, owned by one person, from which the ore is being treated at the same milling or reduction plant, or which are under the control of one registered mine manager;

(c)a “standard block” means a block which may be pegged by the holder of an ordinary prospecting licence.

(2)A concession holder may not, for a period of sixty days from the date of the publication of his order in the Gazette, prospect or peg within five hundred metres of the boundaries of any property or registered block within the reservation which is being worked or developed.

(3)Notwithstanding subsection (2) of section one hundred and three, the holder of any property or registered block referred to in subsection (2) shall, during the period of sixty days referred to in subsection (2), have the right—

(a)to prospect and peg and apply for the registration of standard blocks not exceeding six in all within five hundred metres of the boundaries of his property or registered block:Provided that the rights conferred by this paragraph shall be confined to prospecting, pegging and applying for the registration of blocks in respect of a mineral for which such property or registered block was being worked or developed on the date of the publication of the order in the Gazette; and

(b)subject to section forty-seven, to peg a site or sites in respect of such registered block or in respect of any registered block within such property not exceeding an area of ten hectares in all.

107. Rights of holder of existing location unaffected

(1)An order shall not affect the rights of the holder of a mining location within a reservation to mine and develop his mining location.

(2)The holder of a mining location in a reservation who, save in a bona fide exercise of the rights mentioned in subsection (1), hinders or obstructs a concession holder in the exercise of any rights conferred upon him by the order to prospect on such location, shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[subsection amended by section 4 of Act 22 of 2001]

(3)If a concession holder unlawfully hinders or obstructs the holder of a mining location in the exercise of his rights, he shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[subsection amended by section 4 of Act 22 of 2001]

108. Demarcation of reservation

A concession holder shall erect beacons or notices demarcating the boundaries of his reservation in such manner as the mining commissioner may direct and shall maintain such beacons or notices in good order and condition in their proper position.

109. Performance of conditions of order

(1)Every concession holder shall, when required by the Minister, furnish him with such information as may be necessary to satisfy the Minister that the conditions of the order are being complied with.

(2)If any concession holder is found to have given incorrect or incomplete information for the purposes of subparagraph (vii) of paragraph (b) of subsection (2) of section eighty-seven, or fails to comply with subsection (1}, or in the opinion of the Minister has not complied with any terms or conditions of the order, the Minister may forthwith revoke such order, and thereupon the rights of the concession holder thereunder shall cease.

(3)Nothing in this section contained shall be deemed to relieve any concession holder of any penalty to which he may be liable under section one hundred and one.

110. Increase of reservation

(1)A concession holder may, at any time after the approval by the Board of the programme mentioned in subsection (2) of section ninety-six make application to the Board for the inclusion of an additional area in the order.

(2)Sections eighty-seven, eighty-eight, ninety and ninety-one shall apply, mutatis mutandis, to any application made in terms of this section.

(3)Where an order is amended in terms of this section, the Board may require the concession holder to submit, within such period as the Board may specify, an amended programme of operations to be carried out in the reservation as so amended, and thereafter section ninety-nine shall apply, mutatis mutandis.

111. Inclusion of additional minerals in order

(1)If in the course of exercising his rights under his order the concession holder discovers within his concession any mineral other than a mineral for which he is authorized to prospect he may apply to the Board for the inclusion of such mineral in his order.

(2)In making an application in terms of subsection (1), the concession holder shall furnish full particulars of the nature of the mineral he has discovered and of the situation and circumstances of the discovery.

(3)Sections ninety and ninety-one shall apply, mutatis mutandis, to any application made in terms of this section.

(4)Where an order is amended in terms of this section, the Board may require the concession holder to submit, within such period as the Board may specify, an amended programme of operations to be carried out in the reservation, and thereafter section ninety-nine shall apply, mutatis mutandis.

112. Abandonment of reservation

(1)At any time before the Board has approved the second programme mentioned in subsection (3) of section ninety-six, the concession holder may, subject to subsection (2), by written notice to the Board abandon the whole or a portion or portions of his reservation.

(2)It shall not be competent for a concession holder—

(a)to give more than one such notice; or

(b)to give such notice in respect of such portions of the reservation as would result in the area of the reservation to be retained by him being divided into separate portions or, except in the case of an order granted solely in respect of precious metals or precious stones, being less than two thousand six hundred hectares in extent.

(3)On receipt of a notice given under subsection (1), the Board shall inform the Minister thereof, and he shall—

(a)in the case of the abandonment of the whole reservation, revoke the order; or

(b)in the case of the abandonment of a portion or portions of the reservation, amend the order accordingly.

(4)Where at any time after the Board has approved the programme mentioned in subsection (2) of section ninety-six, the concession holder desires to abandon the whole or a portion of his reservation, he may make written application to the Board for the revocation or amendment of his order, as the case may be.

(5)If on an application made under subsection (4), the concession holder satisfies the Board—

(a)that he has carefully prospected his reservation or that portion which he desires to abandon, as the case may be; and

(b)that an economic deposit of any mineral for which he is authorized to prospect under his order is unlikely to be discovered in his reservation or that portion which he desires to abandon, as the case may be; and

(c)that he has complied with all the terms and conditions of his order; and

(d)that he has duly carried out the programme last approved by the Board under section ninety-eight;

the Board may recommend to the Minister that the order be revoked or amended, as the case may be, and the Minister may revoke or amend the order accordingly.

(6)If on an application under subsection (4), the Board is not satisfied as to any matter mentioned in sub-section (5), it shall refuse the application, and such refusal shall be final and without appeal.

(7)Where an order is revoked or amended by the Minister under this Part, the Board shall publish notice thereof in the Gazette and the ground shall become open to prospecting and pegging in terms of this Act on the day following the date of such publication.

113. Disposal of deposits

The total of the amounts deposited under paragraph (a) of subsection (2) of section eighty-seven and subsection (1) of section ninety-seven, hereinafter referred to as the deposit, shall be disposed of by the Secretary in whichever of the following ways is applicable to the case—

(a)where the application for an order is refused there shall be refunded to the applicant the whole of the deposit;

(b)where the concession holder has not, under subsection (1) of section one hundred and twelve, abandoned the whole or any portion of his reservation, there shall, upon the approval by the Board of the reports mentioned in subsection (1) of section one hundred and subsection (1) of section one hundred and sixteen, be refunded to him the deposit divided into equal amounts in proportion to the total number of reports required to be submitted, as and when such reports are submitted;

(c)where the concession holder has, under subsection (1) of section one hundred and twelve, abandoned a portion of his reservation, the concession holder shall forfeit and the Secretary shall pay to the Consolidated Revenue Fund out of the deposit a sum calculated at the rate of one hundred United States dollars for each hectare or portion of a hectare of the area so abandoned for each month or portion of a month of the period between the date of the making of the order and the date of receipt by the Board of the notice of abandonment, reduced by such sum as the concession holder satisfies the Board that he has expended on operations within the area in respect of which the order was made carried out in the exercise of the rights granted under the order between the date of the making of the order and the date of the receipt by the Board of the notice of abandonment, and any balance of the deposit shall be refunded to the concession holder upon the approval by the Board of the programme mentioned in subsection (2) of section ninety-six;[paragraph amended by Act 10 of 2009]

(d)where the concession holder has, under subsection (1) of section one hundred and twelve, abandoned the whole of the reservation, the concession holder shall forfeit and the Secretary shall pay to the Consolidated Revenue Fund out of the deposit a sum calculated at the rate of one hundred United States dollars for each hectare or portion of a hectare of the reservation for each month or portion of a month of the period between the date of the making of the order and the date of the receipt by the Board of the notice of abandonment, reduced by such sum as the concession holder satisfies the Board that he has expended on operations within the reservation carried out in the exercise of the rights granted under the order between the date of the making of the order and the date of the receipt by the Board of the notice of abandonment, and any balance of the deposit shall be refunded to the concession holder;

(e)where an order is revoked under subsection (2) of section ninety-nine, the deposit shall be forfeited by the concession holder and shall be paid by the Secretary to the Consolidated Revenue Fund.[paragraph amended by Act 10 of 2009]

114. Compensation for interference with registered mining location

If a concession holder exercises on a registered base mineral block any prospecting rights conferred upon him by his order under subsection (5) of section ninety-three, he shall be liable to pay compensation to the holder of such location for any loss or damage caused thereby in such amount as may be agreed upon or, failing agreement, as shall be determined by arbitration.

115. Concession holder may expropriate dormant location

If in the exercise of his rights under an order a concession holder discovers, in a registered base mineral block upon which he has been authorized to prospect under subsection (5) of section ninety-three, a mineral for which he may prospect under such order, other than the mineral for which such block is registered or a mineral which has, within the twelve months preceding the date of the lodging of the application for the order, been produced from the block and declared to the mining commissioner in terms of section two hundred and fifty-one he may, upon the authority of the President granted by him upon the recommendation of the Board, expropriate such base mineral block upon the payment of such compensation as may be agreed upon or, failing such agreement, as shall be determined by arbitration:Provided that in assessing such compensation no allowance shall be made for the actual or potential value of the mineral discovered by the concession holder.

116. Plans and reports to be lodged by concession holder

(1)Not later than three months after the expiry or revocation of an order, the person who was the concession holder under such order shall lodge with the Board in triplicate a final report, including plans and other relevant information, which shall be in two separate parts with respect to—

(a)prospecting work carried out by the concession holder on any mining location within the reservation during the currency of such order; and

(b)prospecting work carried out by the concession holder within his reservation which has not been registered as a mining location:

Provided that if during the period referred to in this subsection, the concession holder applies in writing to the Board for an extension of such period and satisfies the Board that he was prevented by circumstances beyond his control from complying with this subsection within that period the Board may extend the period by such further period as the Board may determine.

(2)Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[subsection amended by section 4 of Act 22 of 2001]

117. Dangerous workings

Section two hundred and sixty-two shall, save in respect of shafts, open surface workings and excavations not made by him apply, mutatis mutandis to a concession holder in respect of his reservation and for this purpose the date of the expiration or revocation of the order shall be regarded as the date of the abandonment of the reservation.

118. Withdrawal of reservation made by mining commissioner

Where the mining commissioner has reserved any ground against prospecting and pegging under section thirty-five in consequence of a direction given under subsection (3) of section eighty-seven, the Board shall upon the refusal of the application direct the mining commissioner to withdraw the reservation, and the mining commissioner shall, without obtaining the authority of the Minister, withdraw such reservation.

119. Order granting relief from provisions of this Part in certain circumstances

(1)If at any time after the making of an order the Board, on the application of the concession holder, is satisfied that his operations have been or are likely to be restricted or curtailed by abnormal circumstances beyond his control, the Minister may, on the recommendation of the Board, give such directions as he deems fit for the relief of the concession holder from this Part.

(2)Without derogation from the generality of subsection (1), directions given in terms of that subsection may include provision for—

(a)refunding the deposit referred to in section one hundred and thirteen;

(b)where the reservation or a portion thereof is abandoned, reserving the ground so abandoned against prospecting and pegging pending a return to circumstances permitting normal operations and granting a first option in respect of the ground so reserved to the concession holder in respect of any fresh application in terms of this Part on the return of such circumstances;

(c)the suspension for an appropriate period of the concession holder’s obligations under this Part and the extension of the order for a like period.

(3)To the extent that any direction given in terms of subsection (1) is inconsistent with any other provision of this Act the direction shall prevail.

(4)Directions given in terms of subsection (1) may at any time be revoked or varied by the Minister.

(5)Where directions given by the Minister in terms of subsection (1) affect the period of the order, the Minister shall publish notice thereof in the Gazette.

Part VII – Pegging of underground extensions

120. Interpretation in Part VlI

In this Part—“authorized holder” means a holder in whose favour an order has been made;“holder”, in relation to an underground extension block, means the person in whose name such block is from time to time registered;“order” means an order issued under this Part authorizing a holder of a registered mining location to peg and register an underground extension;“owner”, in relation to State land, means the Minister responsible for the administration of such land;“reserved ground” means land upon which a prospector is prohibited in terms of paragraph (a), (c), (d), (e), (f) or (g) of subsection (1) of section thirty-one or subsection (1) of section thirty-five from exercising any of his rights under his prospecting licence;“underground extension block” means a block which has been pegged and registered under an order.

121. Application for order

(1)If the holder of a registered mining location, other than a site, has reason to believe that a deposit of any mineral occurs underground beneath reserved ground, he may make written application to the Board for an order authorizing him to peg and register an underground extension block or blocks contiguous to such location.

(2)The applicant shall furnish to the Board—

(a)full details of the reserved ground; and

(b)the reasons why he considers that such reserved ground warrants the granting of the authority; and

(c)the depth from the surface of the ground at which he wishes to be authorized to mine such reef; and

(d)full information as to his financial status; and

(e)any other information required of him by the Board.

(3)On receipt of the application by the Board—

(a)the chairman of the Board may, if the application relates to reserved ground referred to in paragraph (a) or (g) of subsection (1) of section thirty-one issue a direction to the mining commissioner to reserve the ground to which the application relates against prospecting and pegging in terms of section thirty-five and the mining commissioner shall, without obtaining the authority of the Minister, forthwith reserve such ground accordingly;

(b)the Board may refuse the application or approve it provisionally.

122. Procedure on provisional approval

(1)If the Board provisionally approves such application it shall—

(a)unless the chairman of the Board has issued a direction to the mining commissioner under paragraph (a) of subsection (3) of section one hundred and twenty-one itself issue such a direction, and the mining commissioner shall comply therewith; and

(b)after the mining commissioner has reserved the ground in accordance with a direction given under paragraph (a) of subsection (3) of section one hundred and twenty-one or paragraph (a), notify the owner and the occupier, if any, of the reserved ground, of the application and require them to lodge, within thirty days of such notification, or such longer period not exceeding sixty days as the Board may, on application made within the period of thirty days, approve, their objections, if any, to the grant of the application.

(2)Notification in terms of paragraph (b) of subsection (1) shall be given by posting a registered letter to the owner and the occupier, if any.

123. Grant or refusal of application

(1)If an owner or occupier of reserved ground lodges objections to the grant of the application, the Board shall on a day fixed by it and notified to the applicant and the objector hear such evidence and arguments as those persons may wish to lay before it in regard to the grant or refusal of the application.

(2)If no objection has been received or if no notification was given in terms of paragraph (b) of subsection (1) of section one hundred and twenty-two owing to the whereabouts of the owner and the occupier, if any, being unknown to the Board, after due inquiry, the Board shall proceed with the consideration of the application.

(3)After holding a hearing in terms of subsection (1) or considering the application in terms of subsection (2), the Board may refuse the application or, subject to section one hundred and twenty-four, grant it, in whole or in part, subject to such terms and conditions as it may fix, including a condition as to the period within which the rights under the order may be exercised.

(4)If the owner or the occupier of the reserved ground is aggrieved by the grant of the application, he may, within twenty-one days after the Board’s decision, appeal to the Minister in writing against that decision, setting out the grounds of his appeal.

(5)On any such appeal the Minister may revise or alter the decision of the Board and may revoke the grant of the application or amend the terms and conditions fixed by the Board, and the Minister’s decision shall be final and without appeal.

124. Board to be satisfied on certain points

The Board shall not grant an order unless it is satisfied—

(a)that there is reason to believe that the deposit occurs beneath the reserved ground; and

(b)that conditions permit of the mining of such reef below the surface without disturbing or detracting from the use or value of the reserved ground; and

(c)that the mining of such reef will be carried out without in any way interfering with the rights of the landowner in the reserved ground or causing any foreseeable loss or damage to such landowner; and

(d)that the financial status of the applicant is such that he will be able to pay any compensation payable under section one hundred and thirty-three.

125. Publication of order

(1)If no appeal is made to the Minister within the prescribed time or, if an appeal is made, on receipt of the Minister’s decision thereon, the Board shall make an order consistent with the terms and conditions fixed by it or the Minister, as the case may be, authorizing the applicant to peg and register an underground extension block on the reserved ground.

(2)Every order shall be published in the Gazette and a copy of the order shall be sent to the applicant and to the mining commissioner of the district in which the reserved ground is situated and to the owner or the occupier of the reserved ground affected by such order.

126. Rights of applicant

An authorized holder shall, subject to the terms and conditions of the order and in terms of this Act, have the sole and exclusive right of pegging and registering an underground extension block or blocks on the reserved ground:Provided that such authorized holder need not post a prospecting notice or DP peg in terms of this Act.

127. Order may not be ceded

The rights granted under an order shall be personal to the authorized holder who may not cede or assign any such rights to any other person.

128. Approval of transfer of underground extension block

(1)An underground extension block may not be transferred except to a person approved of by the Board.

(2)The Board shall not approve of the transfer of an underground extension block to any person unless it is satisfied that his financial status is such that he will be able to pay any compensation payable under section one hundred and thirty-three and that the existing holder of the block has paid all compensation payable by him in terms of that section.

129. Forfeiture of underground extension block

(1)The terms and conditions attached to an order shall be binding on every registered holder of an underground extension block.

(2)If the holder of an underground extension block fails to comply with such terms and conditions, he shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[subsection amended by section 4 of Act 22 of 2001]

(3)In addition the Board may direct the mining commissioner to declare the underground extension block to be forfeited and the mining commissioner shall, whether or not such block is currently protected from forfeiture by an inspection or protection certificate issued in terms of Part XI, comply with such direction.

130. Indicatory beacons

Notwithstanding anything to the contrary contained in this Act, the mining commissioner may authorize the authorized holder to demarcate his underground extension block by indicatory beacons posted off the reserved ground in accordance with regulations.

131. Surface rights abrogated

The holder of an underground extension block may not exercise in respect of such block any of the surface rights mentioned in section one hundred and seventy-eight.

132. Secondary reefs

(1)The holder of an underground extension block who discovers a secondary reef therein shall notify the Board of such discovery.

(2)The Board may authorize such holder on such terms and conditions as it thinks fit to impose to mine such secondary reef.

(3)Such holder shall upon such authorization register the secondary reef with the mining commissioner in terms of this Act, but shall not post a DP peg or secondary reef registration notice or Q and R pegs.

133. Compensation

Any owner or occupier of reserved ground who is injuriously affected by any mining operations carried on any underground extension block shall be entitled to recover compensation from the holder of such block in such amount as may be agreed or, failing agreement, as shall be determined by the Administrative Court.

134. Conversion of underground extension block

(1)If the surface of an underground extension block ceases to be reserved ground, the holder of such block shall immediately notify the mining commissioner of the fact, and if the mining commissioner is, after due inquiry, satisfied that such ground is no longer reserved ground, he shall direct such holder to beacon the block in terms of this Act and, if such block has been pegged in irregular form, to erect pegs marked Q and R in terms of paragraph (e) of subsection (3) of section forty-three, and, if a secondary reef has been registered, to erect pegs marked Q and R in terms of paragraph (c) of subsection (1) of section one hundred and seventy.

(2)As soon as the holder has complied with the directions of the mining commissioner under subsection (1) the block shall cease to be an underground extension block and shall no longer be held subject to the order under which it was pegged and registered.

Part VIII – Mining leases

135. Application for mining lease

(1)The holder of a registered mining location or of contiguous registered mining locations may make written application to the mining commissioner for the issue to him of a mining lease in respect of a defined area within which such mining location or locations are situated:Provided that, save as is provided in section thirty-four, ground not registered as a mining location in the name of the applicant shall not be included within the defined area unless it is open to prospecting.

(2)The applicant shall furnish to the mining commissioner—

(a)particulars of the minerals which are being mined or are to be mined in the area applied for;

(b)details illustrated by a sketch plan based on a map issued under the authority of the State and of a scale of not less than 1:25 000 identifying the position of the area applied for and of any registered mining locations situated therein and specifying the extent of such area;

(c)if any precious metal reef blocks are covered by the application, details of such blocks in respect of which he wishes to retain extra-lateral rights in the event of the mining lease being issued;

(d)a list of all the mining locations registered in his name, situated within the area applied for, and the certificates of registration of such locations;

(e)the name and address of the owner and the occupier, if any, of the land to which the application relates;

(f)any other information relevant to the application which may be required of him by the mining commissioner or the Board.

(3)The sketch plan mentioned in paragraph (b) of subsection (2) shall indicate the position of each mining location mentioned in paragraph (d) of that subsection and the position of the boundaries of any holding of land falling within the area applied for.

(4)The boundaries of the area applied for shall be straight lines.

136. Reservation of ground by mining commissioner

(1)Where the area applied for includes any ground which is not registered as a mining location in the name of the applicant, the mining commissioner shall, on receipt of the application, without obtaining the authority of the Minister, reserve the ground against prospecting and pegging in terms of section thirty-five.

(2)The landowner or occupier of land shall, in respect of the ground not so registered in the name of the applicant and reserved under subsection (1) and which was open to prospecting at the time such reservation was made, during the period of the reservation, have the same rights in all respects as if the ground not so registered formed part of a mining location registered in the name of the applicant.

137. Submission of application for provisional approval by Board

(1)On receipt of an application in terms of section one hundred and thirty-five and after complying where necessary with the provisions of subsection (1) of section one hundred and thirty-six, the mining commissioner shall submit the application to the Board together with any report he may wish to make on the application.

(2)The Board shall consider any application submitted to it under subsection (1) and shall, if it is satisfied, having regard to the provisions of subsections (3) and (5) of section one hundred and forty-two, that the application has a reasonable prospect of success, provisionally approve the application in respect of either the whole or a portion of the area applied for or, if not so satisfied, shall refuse the application.

(3)Notwithstanding subsection (2), if the Board is satisfied—

(a)that the applicant will meet the criteria mentioned in paragraphs (a) and (b) of subsection (1) of section one hundred and fifty-nine; or

(b)having regard to the matters set out in subsection (2) of section one hundred and fifty-nine, that it is desirable in the interests of the development of Zimbabwe’s mineral resources to consider the grant of a special mining lease to the applicant;

the Board may require the applicant to apply for a special mining lease in terms of Part IX.

(4)When the Board has arrived at a decision under subsection (2) or (3) it shall return the application to the mining commissioner together with written notification of the decision.

(5)The mining commissioner shall notify the applicant in writing of the Board’s decision under subsection (2) or (3) and, where the Board has provisionally approved the application, the mining commissioner shall in writing require the applicant to submit, within such period as the mining commissioner shall specify, a plan in triplicate prepared by a land surveyor of the area provisionally approved by the Board which shall, where it is a portion of the area originally applied for, thereafter be deemed to be the area applied for.

(6)The plan mentioned in subsection (5) shall show all points of intersection of the boundary lines of the area concerned and all points of intersection of such boundary lines by the boundary lines of any piece of land in respect of which an approved diagram or general plan is filed on record in the office of the Surveyor-General.

(7)If the applicant fails to submit the plan mentioned in subsection (5) within the period specified by the mining commissioner, or within such extended period as the mining commissioner may have allowed, the application shall be deemed to have been withdrawn.

(8)Within the period or extended period mentioned in subsection (7), the applicant may, by written notice to the mining commissioner, withdraw his application.

(9)The decision of the Board under subsection (2) or (3) shall be final and without appeal, but—

(a)the provisional granting of an application under subsection (2) shall not in any way affect the discretion of the Board to approve or refuse the application under section one hundred and forty-two;

(b)a decision that the applicant should apply for a special mining lease under Part IX shall not in any way affect the discretion of the Board, the Minister or the President under that Part to make or not to make a recommendation or to grant or refuse an application, as the case may be.

138. Notice of application to be published in Gazette

On receipt of the plan mentioned in section one hundred and thirty-seven the mining commissioner shall—

(a)publish a notice in the Gazette giving details of the application, including particulars of the mining locations to which the application relates, and inviting the lodging, within a period of thirty days from the date of such publication, of objections thereto;

(b)by registered letter notify the owner and the occupier, if any, of the ground applied for of the applica tion and invite them to lodge, within a period of thirty days from the date of the publication in the Gazette of the notice mentioned in paragraph (a), their objections thereto.

139. Determination of objections

(1)If in any objection lodged with the mining commissioner under section one hundred and thirty-eight it is alleged that the title of the applicant to any of the mining locations to which the application relates is defective on the ground that the pegging of such locations was invalid or illegal or that this Act was not complied with prior to the issue of the certificate of registration in respect of such locations, the objection shall be determined by the mining commissioner in terms of this Act.

(2)If in any objection so lodged it is alleged by the owner or the occupier of the land that any ground which is not registered in the name of the applicant as a mining location was not, on the date of the reservation of the ground by the mining commissioner under subsection (1) of section one hundred and thirty-six open to prospecting and pegging, the matter shall be determined by the Administrative Court.

(3)Any objection not mentioned in subsections (1) and (2) shall be determined by the Board.

140. Transmission of objections to Administrative Court

(1)The mining commissioner shall, as soon as he receives an objection mentioned in subsection (2) of section one hundred and thirty-nine transmit it to the Administrative Court for determination.

(2)The registrar of the Administrative Court shall, as soon as the Court has determined an objection transmitted to it under subsection (1), forward to the mining commissioner a copy of the Court’s determination.

141. Submission of application to Board

After the period for the lodging of objections has expired and all the objections mentioned in subsections (1) and (2) of section one hundred and thirty-nine have been determined, the mining commissioner shall submit the application to the Board, together with—

(a)any objections thereto mentioned in subsection (3) of that section; and

(b)copies of the determinations made in respect of any other objections lodged with him; and

(c)his report on the application.

142. Consideration of application by Board

(1)On receipt of the documents mentioned in section one hundred and forty-one the Board shall consider the application and any objections mentioned in subsection (3) of section one hundred and thirty-nine.

(2)The Board may, having regard to any determination made on any objection by the Administrative Court or the mining commissioner and any objection mentioned in subsection (3) of section one hundred and thirty-nine refuse the application or, subject to subsections (3), (4) and (5), approve it.

(3)The Board shall not approve an application unless it is satisfied—

(a)that the applicant’s financial status is such that he will be able to meet any payment which may become due by him under the provisions of section three hundred and forty-four; and

(b)that mining operations on a substantial scale are likely to be conducted for a considerable period within the area applied for; and

(c)that no ground not open to prospecting, save as provided in section thirty-four is included in the area to which such approval would relate.

(4)Before approving an application the Board may, and, if so required by the landowner, shall, require the applicant to furnish a guarantee satisfactory to the Board for the payment mentioned in paragraph (a) of subsection (3).

(5)The Board may approve the application in respect of the whole of the area applied for or, having regard to the dispersal of the mineral deposits within the area, to the extent of the ground necessary for the mining operations mentioned in paragraph (b) of subsection (3) and to any other factor which the Board may deem to be relevant, may approve the application in respect of a portion of the area applied for, and may, in approving the application require the inclusion in the mining lease of such terms and conditions not inconsistent with this Act, as the Board may fix, including a condition amending any plan previously approved in terms of Part XIII.

(6)The decision of the Board to grant or refuse an application under this section shall be final and without appeal.

143. Notice to applicant of Board’s decision

(1)The Board shall notify the applicant and any objector in writing of its decision under section one hundred and forty-two and, where the application has been approved, of the terms and conditions to be included in the mining lease under subsection (5) of that section.

(2)Where such approval relates to a portion of the area applied for, the Board shall furnish the applicant with details of such portion.

(3)Within thirty days of the date of the notification mentioned in subsection (1), the applicant may, by written notice given to the Board, the owner and the occupier, if any, of the land withdraw his application.

144. Submission of amended survey plan

(1)Where the Board has approved of the application in respect of a portion of the area applied for and the applicant does not withdraw his application under subsection (3) of section one hundred and forty-three he shall, within the period mentioned in that subsection, or such longer period as the Board may allow, submit to the Board an amended plan in triplicate prepared by a land surveyor of the area approved.

(2)If the applicant fails to submit such amended plan within the period mentioned in subsection (1), the Board shall inform him that the amended plan has not been received and, if the plan is not received by the Board within thirty days from such notification, the application shall be deemed to have been withdrawn.

(3)Subsection (6) of section one hundred and thirty-seven shall apply, mutatis mutandis to the preparation of an amended plan for the purposes of this section.

145. Issue of mining lease

(1)Where the Board has approved an application under section one hundred and forty-two the Board shall, unless the application has been withdrawn under subsection (3) of section one hundred and forty-three or the application is deemed to have been withdrawn under subsection (2) of section one hundred and forty-four forthwith issue a mining lease in favour of the applicant in respect of the area approved and in accordance with the terms and conditions fixed by the Board under subsection (5) of section one hundred and forty-two and shall give notice in writing of the issue thereof to the owner and the occupier, if any, of the land and to any objector.

(2)The original of such lease shall be sent to the applicant together with a copy of the plan prepared by a land surveyor mentioned in section one hundred and thirty-seven or one hundred and forty-four as the case may be, and one copy of such mining lease and such plan shall be sent to the mining commissioner by the Board.

(3)The Board shall retain a copy of such mining lease and of such plan for purposes of record.

146. Registers of mining leases

(1)The Board shall assign a number to each mining lease issued under this Part and such number and the particulars of each lease shall be recorded in a register of mining leases kept by the Board for the purpose.

(2)The mining commissioner shall keep a register in which shall be recorded the number assigned thereto by the Board and the particulars of every mining lease issued in respect of ground within his district.

147. Withdrawal of reservation

Where the mining commissioner has reserved ground under section one hundred and thirty-six and—

(a)the application has been withdrawn or is deemed to have been withdrawn under section one hundred and thirty-seven or has been refused, the mining commissioner shall forthwith, without obtaining the authority of the Minister, withdraw the reservation;

(b)the application has been provisionally approved in respect of a portion of the area applied for, the mining commissioner shall forthwith, without obtaining the authority of the Minister, withdraw the reservation in respect of the portion not approved;

(c)the application has been approved in respect of the whole or a portion of the area applied for, the mining commissioner shall, without obtaining the authority of the Minister, withdraw the reservation—

(i)after the mining lease has been issued; or

(ii)after the application has been withdrawn under section one hundred and forty-three; or

(iii)after the application is deemed to have been withdrawn under section one hundred and forty-four;

as the case may be.

148. Second or subsequent applications

Where an application has been refused under section one hundred and thirty-seven or one hundred and forty-three or has been withdrawn under section one hundred and thirty-seven or one hundred and forty-three or is deemed to have been withdrawn under section one hundred and thirty-seven or one hundred and forty-four the person who made the application may not make a second or subsequent application for a mining lease in respect of the same area until a period of twelve months has elapsed from the date of the refusal or withdrawal or the date on which the application is deemed to have been withdrawn, as the case may be.

149. Approval of transfer of mining lease

(1)A mining lease may not be transferred except to a person approved of by the Board, after consultation with the owner of the ground covered by the lease.

(2)The Board shall not approve of the transfer of a mining lease to any person unless the Board is satisfied that his financial status is such that he will be able to meet any payment which may become due by him under section three hundred and fourteen.

(3)Before approving of the transfer of a mining lease to any person the Board may, and if so required by the landowner, shall, require that person to furnish a guarantee satisfactory to the Board for the payment mentioned in subsection (2).

150. Mining rights of holder of mining lease

(1)Subject to any prior right possessed by the holder of any mining location under section one hundred and seventy-one, every holder of a mining lease, hereinafter in this Part called the lease holder, shall possess the following mining rights—

(a)the exclusive right of mining any ore or deposit of any mineral mentioned in paragraph (a) of subsection (2) of section one hundred and thirty-five which occurs within the vertical limits of the area covered by his lease; and

(b)the exclusive right within the vertical limits of the area covered by his lease of mining any ore or deposit of any other mineral discovered within such area after he has notified the mining commissioner of such discovery:Provided that nothing in this paragraph contained shall be construed so as to confer any right to mine any coal or mineral oil or natural gas.

(2)The holder of a mining lease which includes any precious metal blocks in respect of which he gave details under paragraph (c) of subsection (2) of section one hundred and thirty-five shall retain, in respect of such blocks, the extra-lateral rights which he held at the date of issue of the lease.

(3)The holder of a mining lease which includes such precious metal blocks shall, notwithstanding anything contained in this Part, keep and maintain in good order all the original beacons, pegs and claim plates of such blocks and shall make a certificate to the mining commissioner annually that such beacons, pegs and claim plates are in good order and condition and that they comply with section fifty-one.

151. Beaconing of mining lease area

(1)Subject to this section, within a period of two months from the date of issue of a mining lease or such longer period as the mining commissioner may allow, the lease holder shall—

(a)erect beacons of concrete or solid mason work at all points of intersection of the boundary lines of the area covered by the lease and at all points of intersection of such boundary lines by the boundary lines of any piece of land in respect of which an approved diagram or general plan is filed on record in the office of the Surveyor-General; and

(b)if any boundary is more than three hundred metres in length, erect intermediate beacons so that no beacon shall be more than three hundred metres from the next adjoining beacon on either side.

(2)All beacons mentioned in paragraph (a) of subsection (1) shall be erected under the supervision of, and in the position determined by, a land surveyor and may be so erected at the time the area concerned is surveyed for the purposes of preparing the plan mentioned in section one hundred and thirty-seven or one hundred and forty-four.

(3)The beacons referred to in subsection (1) shall be lettered in consecutive alphabetical order in a clock-wise direction commencing with the letter A but omitting the letters Y and Z, and if there are more beacons than twenty-four the letters and figures A2, B2 and so on shall be used in respect of the beacons up to forty-eight and thereafter the letters and figures A3, B3 and so on shall be used

(4)Every beacon mentioned in this section shall bear on it, in addition to the distinguishing letter, the words “Mining Lease” followed by the number assigned to such lease by the Board.

(5)The distinguishing letter and the particulars mentioned in subsection (4) shall be engraved upon the beacon or otherwise affixed thereto in such permanent manner and in such position as the mining commissioner may approve.

(6)Subsections (3) and (4), paragraph (b) of subsection (5) and subsections (7) and (8) of section fifty-one shall apply, mutatis mutandis to and in respect of all such beacons.

152. Cancellation of certificates of registration

Upon the issue of a mining lease the certificates of registration in respect of all mining locations situated within the area covered by such lease shall be deemed to have been cancelled:Provided that any site attached to any such mining location shall be deemed to be attached to such lease, and thereafter section forty-nine shall apply, mutatis mutandis to or in respect of such sites.

153. No impeachment of title to mining leases

When a mining lease has been issued it shall not be competent for any person to dispute the title of the lease holder to any of the ground covered by the lease on the following grounds—

(a)that the pegging of any of the mining locations which were included in the area covered by such lease or of any secondary reef which was registered in respect of any such location was invalid or illegal or that provisions of this Act or of any other enactment were not complied with prior to the issue of the certificate of registration of any such location or reef;

(b)that any ground not open to prospecting was included in the area covered by the lease;

(c)that provisions of this Act were not complied with in respect of such lease prior to the issue thereof.

154. Increase of area of mining lease

(1)A lease holder may make written application to the Board for the inclusion in his mining lease of an additional contiguous area of ground.

(2)Subsections (2), (3) and (4) of section one hundred and thirty-five and sections one hundred and thirty-six to one hundred and forty-four and sections one hundred and forty-seven, one hundred and forty-eight and one hundred and fifty-two shall apply, mutatis mutandis to or in respect of such application, the reservation of the ground, the plan of the area concerned, any objections to the application, the approval or refusal of the application, the withdrawal of the reservation, the beaconing of the additional area and the certificates of registration of mining locations within such area, respectively.

(3)Where the Board has approved an application made under this section, the Board shall, unless the application has been withdrawn or is deemed to have been withdrawn, amend the original and the copies of the mining lease mentioned in section one hundred and forty-five accordingly, and shall return the amended original and a copy of the lease to the lease holder and the mining commissioner, respectively, and send a copy of the plan to each of them and shall retain one copy of the lease and of the plan.

(4)As soon as subsection (3) has been complied with, the registers mentioned in section one hundred and forty-six shall be amended accordingly.

(5)Where the area covered by a mining lease is amended by the inclusion of an additional area, the lease holder shall beacon such additional area in accordance with section one hundred and fifty-one so however, that—

(a)the letter Y shall precede the letter or letters to be engraved upon or affixed to the beacons of the additional area under that section; and

(b)it shall not be necessary for the lease holder to erect a new beacon at any point which is already demarcated by a beacon of the original area of the lease.

(6)Where the area covered by a mining lease is amended under this section, section one hundred and fifty-three shall apply in all respects as if the lease had been issued in respect of the increased area.

155. Abandonment of portion of mining lease

(1)A lease holder may make written application to the Board, through the mining commissioner, for the abandonment of any portion or portions of his mining lease:Provided that it shall not be competent for a lease holder so to apply if—

(a)the mining lease is the subject of a hypothecation or option registered under Part XVII; or

(b)such abandonment would result in the area covered by the lease to be retained by him being divided into separate portions or if the boundaries of the reduced area of the lease would not be straight lines.

(2)The applicant shall, with his application, submit to the Board a plan in triplicate prepared by a land surveyor of the area or areas which he wishes to abandon.

(3)The Board may, if it is satisfied that all the terms and conditions of the mining lease have been complied with by the applicant, approve the application or may refuse it, and the Board’s decision shall be final and without appeal.

(4)Where the Board has approved an application made under this section, the Board shall amend the original and the copies of the mining lease accordingly and shall retain one copy of the plan and send a copy thereof to the lease holder and the mining commissioner.

(5)As soon as subsection (4) has been complied with, the registers mentioned in section one hundred and forty-six shall be amended accordingly.

(6)Upon any such abandonment the lease holder shall—

(a)remove the pegs or direction marks indicating the direction of boundary lines of any beacon which falls outside the reduced area of the mining lease;

(b)erect beacons in accordance with the provisions of section one hundred and fifty-one along such boundaries of the reduced area of the lease as do not form part of the boundaries of the area covered by the lease before such abandonment, so, however, that the letter Z shall precede the letter or letters to be inscribed on the new beacons under that section.

(7)Where the area covered by a mining lease is amended under this section, section one hundred and fifty-three shall apply in all respects as if the lease had been issued in respect of the reduced area.

156. Total abandonment of mining lease

(1)A lease holder who desires to abandon the whole of his mining lease may in writing apply to the Board, through the mining commissioner, for the cancellation of his mining lease:Provided that it shall not be competent for a lease holder so to apply if the mining lease is the subject of a hypothecation or option registered under Part XVII.

(2)The lease holder shall together with such application lodge with the mining commissioner his copy of the mining lease.

(3)On receipt of the application the Board shall cancel the mining lease and shall inform the mining commissioner and the applicant of such cancellation, and the fact of such cancellation shall be noted in the registers mentioned in section one hundred and forty-six.

157. Failure to comply with terms and conditions of mining lease

(1)If the Board is satisfied that a lease holder has failed to comply with any of the terms and conditions of his mining lease, the Board may recommend to the Minister that—

(a)there be recovered from the lease holder as a penalty such sum as the Board may deem appropriate; or

(b)that the mining lease be cancelled.

(2)Where the Board has recommended the recovery of a penalty under paragraph (a) of subsection (1), the Minister may by action in any court of competent jurisdiction recover from the lease holder the sum so recommended or such lesser sum as the Minister may deem fit.

(3)Where the Board has recommended that the lease be cancelled, the Minister may—