Minerals Act (Cap. 121)

3. (I) Control of minerals, mineral oils and water dedated to reside in the Crown. (2) Prohibition of prospecting or mining without authority.

4. Prohibition of undttground mining except wider licence.

5. Saving as to the taking of certain minerals by ci~ns of The Gambia.

6. Act does not apply to mineral oils.

7. Governor-General may close areas to prospecting.

8. Lauds on which prospecting and mining not permitted under a licence or right CJ!:Cept when consent obtained. PART Il.-PRosPECTING

9. When prospecting lawful.

10. Applications for prospecting rights. 1 I. As to the grant and duration of a prospecting right.

12. Rights under a prospecting right.

13. As to the grant of an exclusive:: prospecting licence.

14. ( l) Notice to he given to owners or occupiers ofland. (2) Who may require that sectrrity be given.

15. Rights under an exclusi\-e pn;ispecting licence. l 6. Transfer of rights under licence.

17. (l) Minerals raised by the holder of a prospecting right or of an exclusive prospecting licence not to be removed except with the consent of the Inspector of Mines. (3) Conditions on which minerals raised may be retained. I 8. The holder of an exclusive licence to prospect continuously and adequately. I 9. Records of prospecting operations.

20. Papnent of compensation br holders of prospecting rights and licences for disturbnnce of surface rights, etc.

21. Revocation or prnspccti11g l'ii~li is ;111d li,T11ccs,

22. Power to grant ~pccial ,·,.du:;ivc l""'!J(Tli111.,; lin·nce~. [>Alff lJ !.-· M1NIN1: 2:3, Mining when lawfol.

24. As to the grant of a rniaing right.

25. Rights conferred I.Jy mining rigl1t.

26. Obligation of holder of mining right. .

27. Application of sections 16, 21, 36, 37, 38, 39 and 40 to mining rights.

28. When holder of a mining ri~ht may be required to apply for mining lease.

29. The grant of a mining lease.

30. Applicant must show sufficient capital.

31. (1) Duration ofleasc, (2) Renewal. (3) Surrender of mining lease.

32. No transfer of lease without consent.

33. Kinds of mining leases and conditions relatin2' thereto to be ore~ scribed by rules.

34. Rights under a mining lease.

35. Surface rights ol' mining lessee.

36. Mining undet· towns and villages, and near public buildings, etc., prohibited except with the consent of the. Minister,

37. Right of minirig lessee to cut trees. 38. .Compens,ltion for damage to buildings, etc.· 39. {l) Compensation· to be paid by mining lessee on resumption of lands lcai;ed by the Crown. (2) Rights under Crown leases granted after .a mining lease. 40. {I) Right of lessee to removc:'fixtures. f2) When property of the lessee becomes vested in the Govern~ ment. 41 Forfeiture for breach of rules, etc.

42. Powel· to grant special mining_!e:ases. PART IV.-PROVWONS RllCARDlNO WATER ¥ Pollution of water prohibited.

44. Alterations in water supply prohibited. StcJum

45. Action to be taken to prevent conlimh1n1:c 1>r recurrence or olk11rc. ·16, \I)· .Minish:r may gr.int a licence to wkc w,1tt·r from any 11vn, etc., and across any lands. (2) Provisional permission to use water. (3) Provisional' water rights. H. Applications for water rights.

48. Transfer of water rights. ,ig; Surrender of water rights.

50. Powers of Minister as regards overflow.

51. Power to revoke licence. PART v.-PAS.~AoEwAvs

52. Interference with passageways.

53. Acquisition of right of passageway.

54. Duration of right of passageway. 55, Use of mining road. 1:'AR.T Vl.-DREDGlNG FOR MINERAU

56. Dredging in river to be licensed~ 5 7. Security to be required.

58. Conditions, etc .• on dredgingHcences,

59. Penalty for contravention of conditions endorsed on dredging licence.

60. Cancellation of dredging licence. PART VII.-SURVEYS

61. Surveyors.

62. Overlapping areas. PART VIll.-PossEssxoN AND PURCHASE OF MrNERALS 63.. Meaning of '' minerals " for purposes of section 64 to 71 ~ 64. · Possession of minerals.

65. Penalty. for unlawful possession of minerals.

06. Forfeiture of minerals on con~icHon.

67. Purchase of minerals.

68. Licence to purchase minerals. Suli1111 (i9. Duty of scllc1' nf minn-i\ls ((1 sali:,fy hi1w~·lf thal pmchaser is licensed to buy, 70. l loldci- of liceun· to s:tlisfy l1i111~df 1l1at llw sdlcr is ;111th11ri~cd to possess and di.~pn~c of the 111i,11:1·,ils.

71. Duty of licew,ce.

72. Penalty for contravening sections 70_ and 71. PART IX.·.: ML~CELJ.ANEOtJS PROVJ.~IONS

73. (1) Land required for public purposes. (3) Rights subscquencly granted. Matel'ials required for publi~ works.

74. Penalty where false information is given by applicants.

75. Fraudulent deposit of metal and fraudulent Sampling, etc.

76. Fraud by applicant for exclusive prospecting licence, or mining right or lease.

77. (l) Accidents ·to be reported. (2) Holding of inquiry. Power to award compensation. (6) Power to summon witnesses.

78. Goverrynent officers prohibited from acquiring rights.

79. PenaltY, for injuring boundary marks. 80. of Right entry .and inspection.

81. Open shafts, etc., to be fenc~d.

82. Prcsetv!ltion and restoration' of land used for mining, etc.

83. Disputi:s between holders of rights as to mining or prospecting· operations.

84. Arbitra"tions.

85. Pc;nalty for interfering with tnining, etc.

86. Power to QJTCSt without wartant.

87. Liability ofcmp1oyer for offences committed by his servants.

88. Registration.

89. Service of notices, etc.

90. Application and recovery of fees, rents and royalties.

91. Power 'of Minister to make rules,

92. Power ·of Minister to ~~ special rules in regard to mining · operations for preciow minerals.

93. Restri~t~ minerals. SCHEDULE CHAPTER IZI An Act to regulate the rigt1.t to sea1:cl1 for! l.uim., ~\,ul work~.!?.i1 niincrals, and for other purposei. rdat,ng thereto. n ,,f l!JU.l. l:iT Jm.Y, 195,f., PART I.-G1mt:.R.,\L l. This Act may be cited as the Minerals A1.:t. Short tilk. 2, In this Act, unkss the context otherwise requires- I111crpn:ta- tion~ " alluvial '.' means and includes :J.11 forms of mineral deposits other than carbonaceous which Jo not fall within the definition of lodes, a11d for the purposes of th.is Act be,1ch sands containing workable deposits of ilmenite or other minerals shall bq regarded as alluvial deposits; " court" means any duly constituted court other than a District Tribunal; " Inspector of Mines " means any officer appointed by the Public Service Commission to be the Inspector of Mines or any officer appointed by the Public Service Commission to perform any act or duty or to exercise any.power or authority which by this Act may be done by or is imposed upon or rnav be exercised by the Inspector of Mines; " holder » of a prospect.mg right or e1tclusive prospecting licence or mining right means the person to wl1om such right or licence was granted in the first instanc;e, .tnd in the case of an exclusive prospecting licence or right or mining right includes a person in whom such licence or a part of the rights thereunder has become vested by transfer1 assignment or otherwise; 1 ' lessee" of a mining lease includes all persons having any right or interest in or under a mining lease, whether by transfer, assign- ment or otherwise; " lode ti means. and includes all true fissure veins, contact vcini segregated veins, bedded veins, metalliferous bankets, stockworks, such irregular deposits as conform generically to the above classification, and beds of any mineral such as bed!I of iron- stone; "mine" and "mi11i11g" 1nc;:111 any 11pnati1,11s for winning or ohtai ning minerals; " mincrills" do not include mincr:il oils Inn i11d11de- - (a} metalliferous ores and ollu-r sobstant"cs in thcu- natural state which arc obtainal:ik only hy- mining or in the course of prospecting operations; (b) metalliferous ores and other substances in their natural state mined or obtained in the course of prospecting operations; (c) the valuable parts. of such ores or other substances when unmanufactured; and (d) 1_the product of treating or dressing such ores or other substances for marketing or export; .but save in section 3 and for the purposes of sections 77 and 1 80 and any rules made .under this Act re lating to safety, in -mines shall not include clay, laterite, limestone, sand (other than sand containing workable deposits of ilmenite or other· minerals), sandstone or such other wmmon mineral substances as the Minister rnay, by notice iri the Gazette, declare not to be minerals for the purpose of'this ~ct; " Mines Department " means a department, bearing that or any other name, which may at any time after the commence- ment of this Act be created for the purpose of the administration of thi.~ Act, or to which the administration of this Act may be ~l~igncd; " opencast " means any uncovered excavation which has been made from surface for the purpose of winning minerals; "owner,. in relation to land includes a lessee, and in relation to land or other property of a Gambian community, means the District Authority, provid~d that when any payment shall he required to be made under, this Act to such owner the Minister may direct either that the payment be made to the District Authority to be disposed of. by them in accordance with local law or custom, or that the payment shall be made into some fund specified by the Minister to be utilised for the benefit of the native community; " passageway ,, means any highway, road, street, footpath, right of way, casement or in5tallation {)r :my mil way, lrnmw:ty, wirdinc, cunvcyor belt, cable way, chute, pipe, sewer, c\rair1, tllnnd, shaft, flu mini-: or w;i tcrcour:w; precious minerals " means and indudcs- (i) precious stones, namely, amber, amethyst, beryl, cat's eye, chrysolite, diamond, emerald, garnet, opal, ruby, sapphire, turquoise, and all other substances. of a similar nature to any of them; and (ii) precious metals, namely, gold, silver, platinum, iridium, osmium, palladium, ruthenium, rhodium, or ores con- taining any of these metals, provided that argentiferous lead ores containing not more than four ounces of silver per ton shall t;ie excluded from the scope of this definition; "prospect " and " prospecting " mean to search for minerals, and include such working a~ is reasonably necessary to enable the pro~pector to test th.e mineral beadng qu.alitits of the land; "shafr" and '' pit" mean any vertical or inclined tunnel other than a stope or winze which. is or might be used for winding, travelling, draining or ventilating purposes in connection with prospecting or mining operations; "tributer " means a person who directly or indirectly is permitted to win minerals receiving in return for the minerals so won remuneration paid directly or indirectly by the person who permitted him to win the minerals; "watercourse" means any channel, whether natural or artificial,. which confines or restricts the flow of water.

3. (I) The etitire property in and control of all minerals, and Controlo(' mineral,, mineral oils, in, under or upon any lands in The Gambia, and of all mi.n<:ralo~ rivers, streams and watercourses throughout The Gambia, is hereby and water. dcdared to declared to reside in the Grown, save in so far as such control may reside in · in. any case have been limited by any express grant made by the the Cr11wn. Crown.before the commencement of this Act. (2) l!,xcept as in this Act provided no persons shall prospect or Pn.1hibition of prospect. mine on any lands in The Gambia, or cliYert ot impound water for ing or minittll' the purpose of mining operations: without · aulhrn'ily. Provided that this s11hsct:1i1111 sli;ilJ 111,1. :1pply,_ hdc ►l'C the expiration orsix mi"mth.~ ,dh:r tlw iomnw11cc11w111 ol'this Act, lo any person wl10 was pru.~per.:t.iug, with tlu: n,11.~c11L of the ~tinistc1·, before the commencement of thi~ Act, and who js prospecting or mining with the consent of the Mi11bacr and in accordance with such conditions as may be imposed by the Miuistcr. (3) Any person contravening the provisions of the last preceding subsection shall be guilty of an o!Tcncc and shall be liable, on sum- mary conviction, to a fine not exceeding two hundred pounds or to imprisonment, with or without hard labour, for a period not exceed- ing twelve months, or to bod~ such fine and imprisonment, and th.e court before which such pen1on is convicted may order the forfeiture of all minerals obtained by such person or if such minerals cannot be forfeited, of such a sum as the court shall assess as the value of such minerals. Any minerals so fm{eited shall be sold or otherwise disposed of as the Minister m:ly direct and the proceeds from the sale of any such mineral shaJI be paid into general revenue. Prohibition of 4. Notwithstanding anything in this Act contained no person undergrou.nd mining shall conduct mining operations uiiderground unless he holds a CXC~l under licence from the Inspector of Mines authorising him to do so, licen~c. Saving as to- • 5, Nothing in. this Act contained shall be deemed to prevent the taking of certain any citizch of The G.,i.mbia from taking, subject to such conditions mintr=us by as ma)'be prescribed, iron:, salt, soda, potash, sandstone or laterite citizens of The Gambia. from lands· (other than lands within the area of a mining lease or mining right) from which it has been the custom of the members of the commitnity to which su_ch citizen belongs to take the same. Act docs not 6. Nothing in this Act sllaU be construed to sanction the prospect- :11,ply to minrral <ii]$; ing or mining for mineral oils, Goven1or- Gcn~:1lmay

7. The Governor-General may, by order, declare any area to be clOS<· areas tQ closed to prospecting for $Uch period a$ may_ be specified in such prosp,tt·ling. · order or without period·assigned. Any per.son other than the holder of all exclusive prospecting licence who shall prospect within an area which is closed to prospecting shall be liable, on summary con• viction, to the penalties prescribed in section 3 (3). . 8. ( J) No pros1>ccti1w right, exclusive pro:1perti1u~ · ..... • ~ licc11n· or wl l L:"."". ,},. •1«:h pnN+ • mining right grantnl under llu~ Act shall uutltorm: 1hr holder tht:rl'ol \R·<:ting and to prospect or mine-- rniuir~g not pcrm1lt<:d (i) (a} with,n ,u1y Government station ()t on ot Ull<kt· any ~uJcr a. lands used for or appropriated to any public purpose without :.i;;;~c;;:pt the consent in writing of the Minister first obtained, and when subject to the conditions, ifany, prescribed in such written : ~ . consent; (h) on or under land occupied by a town, village, market, historical monument or burial ground, or on or under land habitually used or occupied for sacred or ceremonial purposes, or.on or under land within one hundred yards of any Govern- ment or public building or works, or ani market, historical ·monument, burial ground or place used or occupied for sacred or ceremonial purposes as aforesaid, or public road without the consent in writing of the Minister first obtained and sub- ject t<> the conditions, if any, imposed· by the Minister; (ii) on or under land· actually under cultivation without the consent of the occupier of the land; (iii) on or under any land within one hundred yards or any building erected thereon without the consent of the occupier of the builcling : · . Provided that~ if the Minister shall be satisfied that the consent required under paragraphs (ii} or (iii) is withheld unreasonitbly, the ·Minister may authorise the holder of the licence or right to pro11pect or mine on any such land subject to such conditions as he may prescribe. (2) Any ·person prospecting or mining on or under any lauds specified in subsection {l) without the requisite consent or authority shall be guilty ofan offence and liable on summary conviction to the penalties' prescribed in section 3 (3). PART II.-PROSPECT!NG

9. Prospecting shall be lawful under a prospecting right or an Wlum prosp,:ctln; ~xclusive prospecting licence: lawfi.11. Provided, however, that the Governor-G:cncral may, by order, prohibit prospecting for any specified mineral, and in such case a prospecting right or excl 11:;ivc pn,sp1Tli11g licence shall not authorise the holder thereof lo prospect for wd1 mineral unless otherwise expressly provided in tlw riglit or Jicrncc. Appli<;alions 10. Every application for a prospecting right shall be m the for prospect- . ing rights. prescribed form . A, lo 1he 11. (l) Prospecting rights may be issued by the Inspector of gran1 and. d«ralion of Mines subject to the following conditions and to such other condi- a prospect• tions as may be prescribed. ing right. (2) A prospecting right shall not be granted- (a) to any person who is unable to prove to th~ satisfaction of the Inspector of Mines that he is able to read and understand this Act to such an extent as to enable him to obtain a reasonable degree of guidance from it; (h) to any person who is under twenty-one years of age; (c) except with the consent of the Minister to any person who or whose present employer has been convicted of an offence under this Act or who or whose present employer has pre- viously held any right, licence or lease granted under this Act which has been forfeited by reason of a breach of the terms or .conditions of the same: Provided that if such consent has once been given after such conviction or forfeiture, and no subsequent conviction or forfeiture has ensued, it shall not be necessary in respect of any subsequent application: (d) to any person who is uO:able to prove to the reasonable satisfaction 'of the Inspector of Mines that he possesses sufficient money or credit to enable him to pay any expenses which might be incurred by prospecting to the satisfaction of the Inspector of Mines and any compensation which may · be payable by him in the exercise of the rights conferred by a prospecting right; · · (e) to any person as agent or employee of more than one person; . (f) to any person who to the reasonable satisfaction of the Inspector of Mines is not a fit and proper person to be granted a prospecting right: Provided that there shall he no olht:r limit to the numb1.:r of prospecting righls that any one \H:rson may hold al one time: Provided further that for the purposes of this p.iragraph a partnership shall be regarded as ori<.: person. (3) Any person ·aggrieved by the refusal of the Inspector of Mines to grant him a prospecting right may appeal to the Minister. whose decision thereon shall be final. ( 4) A prospecting dght granted to a person in the employ of another person and paid for by the employer shall, on request being made by the employer, be granted subject to the condition that the right shall forthwith expire on the holder leaving the service of such employer. Such condjtion shall be endorsed on the prospect- ing right, and in every such case the employer and holder of the right shall be jointly and severally liable for the payment of any moneys which the ll.older of the prospecting right may be required to make under this Act. (5) Subject to the provisions of the last preceding subsection a prospecting rjght shall remain in force for one year from the date thereof. · (6) A prospecting right shall not be transferable. (7) A prospecting right may be restricted to specified admini• strative districts or to specified minerals. (8) A prospecting right shall be produced whenever demanded by the owner or occupier of any land on which the holder thereof is prospecting.

12. (1) The holder ofa prospecting right may- Rights Wlder- a prospcci• (a) enter upon and prospect on any land, excepting land within ing right, an area closed to prospecting or land the subject of an exclusive prospecting licence or of a mining right or inining lease; (h) whilst engaged in bona fidt prospecting, construct his camp on any unoccµpied land and take timber (other than trees in a forest park or protected trees), and water from any lake, river, stream or watercourse, for domestic purposes or for the purposes of prospecting; of the land in n.:spccl u!' which lhc licc11u· is required, aml shall, if required by the 1vli11istcror liy lite rules, furnish a linand:d g11;1r;mt1·c for such sum as the Miuistcr may direct or as 111a~• lw prcscrihcd. (3) The Minister may gnmt or withhold the grn11t of an exclusive prospecting licence as he may think proper. (4) If applicatkin is received for the same area or for overlapping areas from two or more persons and there should arise any doubts as to which of them has priority for his claim, the decision of the Minister thereon shall be final, unless the Minister shall direct that their claims shall be referred to al'bitration: Provided that where an application has been made for an area, no application by another person covering the whole or part of such area shall be considered as being in dispute with the first application unless lodged with the Inspector of Mines within a period of twenty-four hours of the receipt by such officer of the first application. (5) An exclusive prospecting licence shall not be granted in respect of any area exceeding eight square miles or of an area less than one square mile, if a full square mile is available. (6) An exclusive prospecting licence shall be granted for a speci- fied mineral only: Provided that when the applicant or the holder has discovered other minerals in the area applied for, or the subject of the licence, the :Minister may in his discretion include by endor_sement on the licence such other minerals in the licence. (7) Any area tnrespect of which an exclusive prospecting licence is granted shall specifically exclude an area within its boundaries over which an exclusive prospecting licence or a mining le.ase is in existence at the date of the grant of such licence. (8) An exclusive prospecting licence shall be granted for one year from the date thereof, subject to renewal, at the discretion of the Minister, for further terms of one year each up to a maximum of three years in the case of an alluvial working, and of six years in the case of a lode working: Provided that the Minister may, on snch terms as he may think proper, grant a renewal of such licence in respect of an alluvial (c) make excavations, si11k shalh or wdh, dri,T adits or lcvds 01· dig trendies: Provjdcd as follows - (a) a prospector shall not divert water from any river, stream or watercourse without the co11~c1Jt of the Inspector of Jvfincs or of the Commission.er; (b) a prospector shall not prospect in a forest park except he has first given notice to the f'orestry Adviser and complies with the conditions impoS<!<l by the Forestry Adviser for the protection of forest produce; (c) a prospector intending to prospect on any land shall, when practicable, give notice of his intention to the owner or occupier of such land before commencing prospecting _operations thereon. If any owner or occupier- or the Inspector of Mines shall request the prospector to giv~· security for the payment of any compensation for disturbance or damage the Inspector of Mines shall requh-e the prospector to give security by the deposit of such sum of money as he may deem fit, and if required by the owner or occupier the prospector shaJI desist from prospecting on the land until such security has been ~i ven. (2) Any prospector failing to give any notice required under the last preceding sub$ection or failing to comply with the conditions imposed by the Forestry Advisert or prospecting without having given security when required by the owner or occupier of the land to desist from the prospecting, shall be guilty of an offence and liable, on summary conviction, tei a fine not exceeding fifty pounds, A, to 1he 13. (I) The Minister may grant an exclusive prospecting licence grant ofan ex.clu~i.,,e to any person who has by himself or by a person in his employ ,n;:.!:.,~ting prospected the area over which the licence is applied for:_ Provided that the Minister may in special circumstances grant an exclusive prospecting licence to any person. (2) Application for an exclusive prospecting licence shall be in the prescribed form, and the applicant shaU satisfy the Minister that he h~s sufficient ca.pital to ensure the proper prospecting of the area in respect of which the application is made and the payment of any compensation which may be payable to the owners and occupiers working for .i four1h year if it ht· sl111w11 1.0 hi!; salisfacliu11 that prospecting operatiorn; ha vc hcc11 !il"l'I''"' I or i;cdously hi11der.ed by special circumst,mces beyond tlw rn11lrol or the licensee: Provided fi.trth<.:i- that in Ilic case 0L1 lode working the .lVJiuistcr may, on any renewal of such licen!'c, direct thal such renewal shall be allowed in respect of a spl:cificd porlio11 rn1ly of the area of the licence. Notice ~o be 14. ( 1) Whenever application is made foi• an exclusive prospecting 11wnr.rs or licence notice of such application shall, if practicable, be given ,ic<:upic,rs or in the prescribed manner to the owners or occupiers of the laud in land. respect of which such licence is applied for, before the licence is granted. Who may (2) If any owner or occupier of the land or the Inspector of Mines require that :;ccurity be shall request that the applicant sh.lll give security for the payment given. of any compensation which may be payable to such owner or occupier by the licensee for disturbance or damage, the Minister shall require the applicant to give security by depositing with the Inspector of Mines such sum of money as the Minjster may think proper. Rights 15. The holder of an r;x1;1usive prospecting licence shaJJ have wider an ex.clw1.ive the sole right of prospecting upon the lands within the area of his prospecting prospecting licence and subject· to the conditions thereof, and for licence. such purpose may- (a) enter upon the lands within such area with his agents and workmen and thereupon exercise all or any of the rights conferred upon the holder of a prospecting right: (b) employ in prospecting on such land any number of persons who for the purpose of such prospecting shall not be required to hold prospecting rights; and (c) on and over unoccupied land within the area of his licence erect and maintain sucb machinery and plant and construct such ways a!I may be necessary for or in connection with his prospecting operations. 16, The holder of au exclusive prospct:ling licn1t'c ~hall 11ol ·r,·:uhl~·f of riKftt, ur:rfl~•· o·an~fcr his licence or any portion of the rights gra111ccl thci-etmi:lcr Jiccn<:c-. without the consent of the Minister signified hv cndorsr:nwnl un the- i11strumcnt of assig11rne11t. Thr trari.sforcc of,l licence shall ht: liahk· for all rrnts a11d obliga• lions which may have accrued ~1t tJ1c time of trausli.:r. Mineral~

17. (l} Minerals raised or obtained in the course of prospecting raised by the tinder a prospecting tig_ht or an exclusive prospecting licence shall holder of a pros pt-cling nol be removed from the land or d1sposcd of by the holder of the right w of right or licence or by any other person except with the consent of the an ,.,,.clmivc pro.<pccting Inspector of Mines. Any person contravening the provisions of this licence not subsec1.ion shall be guilty of an offcilCC. and liable, on summary tc, be ~emoved conviction, to a fine not exceeding two hundred pounds or to im- c,:cepl with prisonment, with o,:.:without hard labour, for a period not exceeding tb1'co=t of the lwpe.:- lwelve months. tor of Mines. {2) The Inspector' of Mines may authorise the removal of minerals from the land from which they have been obtained to any place approved by hiin for safe custody, subject to such conditions, if any, as he may impose. (3} If the holder of a prospecting right or an exdusive prospecting Condition~ on which licence should desire to retain or dispose of any Minerals ra.ised or minerals obtained in the course of prospecting, he shall make application to ra.sed may be retained, the Inspector of Mines in the prescribed manner, and if the said Inspector is satisfied that the prospector has been conducting such work only as is reasonably necessary to enable him to test the mineral bearing qualities of the land, he may authorise the appli- cant to retain and dispose of the minerals in respect of which ap- plication is made on payment of the prescribed royalties. 18. ·The holder of an exclusive prospecting licence shall con- The ho!der o(an thmously and adequately carry on bona fu/e prospecting operations cxdwin-: on the lands included in the area iu respect of which his licence licence to prospect has been granted during the continuance of the licence and to the conlinuo11dy satisfaction of the Inspector of Mines: and adequate!•· Provided that the Minister may, on the application of the llolder and for good cause shown, by writing under his hand suspend the ob]jgation imposed by this section in respett of any licence for such I ime as to the l\1inister may seem Jiropr r, aud may in the same manner direct that any such pcriml of liUJ(" :,;]la!I 1101 bl~ 1l'cko11!'d in the currency of tlw licence, if during :.m:li Jll'I ind 1w work is do11c by Lhe holder on the lands included jn tl1t· :m:a covered hy the licence. Record~ of 19. The holder of an exclusive prospccling licence shall keep prm:pecting opl'rations. full and accurate records of his prospecting operations. Payment of 20. (1) The holder of a prospecting right or of an exdusive compcrua- lion by prospecting licence shall; on demand being made by the owner or holders of occupier of any land, make to hirp. such payments as shall be a fair prospecting righls ;u'ld and reasonable compensation for any disturbance of the rights of liccncc,i for such owner or occupier, and for any damage done to the surface di~turbance (,f surface of the land upon or under which prospecting operations are or have rights, etc. been carried on, and shall, on demand being ma4e by the owner of any crops, trees, buildings or works damaged by the holder of the right or licence cir .by any agent or servant of such holder, pay compensation for such damage. (2) If the holder of a prospecting right or exclusive prospecting licence fails to pay compensation when demanded under subsection ( l), or if an owner or occupier is dissatisfied with the compensation offered, the owner or occupier, as the case may be, may apply to the Commissioner, who shall as soon as conveniently may be assess and determine the amount of the compensation payable at the date of such dctcrmh1ation, and shall notify the parties of the sum awarded. If either of the parties is dissatisfied with the award of such officer, such party may, within fourteen days of such notification, appeal to tlie Minister, whose decision thereon shall be final, unless he shall direct that the matter be determined by arbitration, (3) The sum awarded by the Commissioner, or when there has been an appeal, by the Minister or arbitrators, shall be paid by the holder of the prospecting right or exclusive prospecting licence to !he Commissioner; for transmission to the persons entitled thereto, within fourteen days of the date on which the amount of the award 1s notified to the holder of the right or licence. (4) If the sum awarded is not paid within the time specified in subsection (3), such sum may be paid out of any money deposited by th(· holdc:r of the right or licence under scclion 12 or st·ction 11, or if" 1111 mo1H·y or insullicient money has hec11 dql0sit1.:d, 111.iy lw sued for liy the persons entitled thereto. The }vlinister may suspend the prospecting right or exclusive prospecting licence or the person in default until the amount awarded has been paid, and until the holder of the right or licence has deposited with the Accountant-General or the Commissioner such further sum as security for any future payments as the Minister may demand, and if such payment and deposit is not made within such time as the Minister may consider reasonable, the Minister may revoke the prospecting right or exclusive prospecting licence of the person in default.

21. In the case of any breach by the holder of a prospecting Revocation of prospect- right or the employer of a holder of a prospecting right or the ing righu holder of an exclusive prospecting licence, or by any. attorney, and licences. agent or employee of such holder of any of the provisions of this Act, or of any rule made thereunder, it shall be lawful for the Minister to call upon the holder or employer or the holder of the right or holder of the licence, as the case-- may be, to show cause within a time specified by the Minister why his right or licence should not be revoked, ~nd should he fail to comply with $uch order within the time specified, or should the cause shown not be adequate in the opinion of the Minister, the Minister may summarily revoke the said right or licence and thereupon all privileges and rights conferred thereby, or enjoyed thereunder shall as from the date of such revocation cease: Provided always that the fact of such r.evocation shall not in any way affect the liability of such holder, employer; attorney, agent or employee, in respect of the breach of any provision of this Act or of any rule made thereunder committed by him before such revocation.

22. Notwithstanding anything in this Act or any rules made Power to grau,t spcd;u thereunder to the contrary the Minister may, hi special circum- cxclwivc stances, grant an exclusive prospecting licence for a period excecdiqg pro:.pocling licern;es, one year, and over an area exceeding eight square miles, upon such special terms and conditions whether in accordance with the provisions of this Act and any rules made thereunder or not, as he may think proper. PAWL' 111. I\ l!N!M, f.fo1in!( 23. l,,,fining shall lie lawful undi-r a mi11i1Jg ri1~lit or miuing lease. wlwn lawful. Pending the grant of the mi11i11g lease or rniuing right, the ?i.1in, istcr may grant permission to the applicaul lo mine on the area applied for on such conditions and subject to such restrictions as the Minister may think fit. Such permission may at any time be with• drawn by the Minister. As lo lh<: 24. (I) A mining right may be granted by the Minister on behalf grant of a mining right. of the Crown to the holder of a prospecting right or to the holder of an exclusive prospecting licence, provided that in the latter case the mining right applied for lies wholly within .the boundaries of that licence. {2) The provisions of section 13 (2) and (4) and of section 14 shall apply, mutatis mutandis, to an application for and grant of a mining right. (3) Mining ~ights may be granted in respect of such areas as may be prescribed, and the Minister may grant or withhold a mining right at his discretion. · (4) A mining right shall remain in force for one year from the date thereof, but mav be renewed by the Minister for further terms of one year. Rights 25. (I) · A mmmg right shall confer UP.on the holder thereof conferred hy mining the right to enter upon the lands in respect of which the mining right, right is granted, and the exclusive right to mine thereon the minerals specified in the right and to take and dispose of any such minerals obtained, subject to the payment of the prescribed royalties; and, for and in connection with his mining operations, the holder may exercise all or any of the rights conferred by section 35 ( l) on a mining Jessee, (2) The holder of a mining right shall pay rent (hereinafter called surface tent) at such rate per annum as shall be determined by the Minister for all land included in the area of the mining right. (3) The provisions of subsections (3}, (4)) (5) and {6) of section. 35 shall apply, mutatis mutandis, to a mining right.

26. (1) The holckr of a nmung right shall ro111i11uuusly and of Oblifr,,,iori hc1kh.:r ,t<leq11,lldy carry on 1ni11ing operations 011 thC' lands the subject of n1i11\ng right. 0 f die miui-11g right lo the satisfaction of the luspcelor of !\J"incs, ,tn<l shall furnish sudt reports .1lld n:tt1rns a]l(l shall keep st1d1 hooks as may be prescribed: Provided that the Minister may, on the application of the holder and for good cu.u~ shown, suspcn<l the ohligation imposed Ly this subsection as regards the mining operations to be conducted for such time and subject to such conditions as the Minister may think tit. (2) The holder of a mining right if not personally resident on or near the 1and the subject of his right and in charge of the mining operations being conducted on such land shall al all times have a responsible agent in charge of such operations and shall forthwith notify the- Inspector of Mines of every appointment of an agent and of any change in such appointment. ·

27. Th.e provmons of sections 16, 21, 36, 37, $8, 39 and 40 Appli~ation of section• shall apply, mutatis mutandis, to a mining right. 16, 21, 36, 37, 38, 39 and40 to mining righl

28. Whenever the Minister shall be satisfied, on the report of When I h c I -nspector of M'ines, that t h c mmera · 1 b carmg · , o f t JIC l an d mining · qua 11t1cs holder of a rlgh• a or of any porti_on of the land included within the area of mining may.be right are such as to justify the holder of the right being called upon :~it;'r~r 10 to take a mining lease or leases in respect of all or any part of such mining least land, he may by notice served on the holder of the mining right revoke the mining right in respect of the whole area or any specified part of the mining right as from a date not being earlier than one month after the date of such notice. On such revocation the holder of the right shall have a preferential claim to a mining lease or mining leases on the area of the revoked minirtg right, provided that application for such lease or leases is made within two months of such revocation: Provided that the holder of tne right revoked under this section shall have a preferential claim to a mining righ.t in respect· of any portion of the area of the revoked right for which no application is made for a mining lease within twelve months from the revocation of the right. Till" irrant 29. (I) The Minister may 011 lwltal/' of ii w C:rown grant a mining or~\ {~1.inlug k.i"'· lease to the holder ofa prospecting rigf11 01 ol".tH exclmive prospect- ing licence who has hy himsdf 01· hi.~ ;igntl carried 011 b1ma fide prospn:1iug operations on the an:.1 ,1pplicll t"i:11, prnvidc<l that in the. latter case the mining k:1sc app!i{·d l-i,r !ih,ltl lie wholly within tho boundaries of that licence, or to lite holder of a mining right in rr.:spect of any portiµu of the area of his right, or, subject to the provisions of section 28, to any person in respect of any lands included in the area of a mining right which has bel'n revoked under that section. (2) The holder of an exclusive prospecting licence or of a mining right who shall have fulfilled all the conditions attached thereto shall be entitled, subject to the provisions of this Act, to the grant of a mining lease for any mineral for which he was authorised to prospect or mine, io, respect of any portion of the area included in the licence or right: Provided that the Minister may, for any reason he may think proper, exclude from the operation of the lease any portion of the area for which the lease is applied for. (3) Application for a mining lease shall be made in such form as may be prescribed. (4) The :Minister may on behalf of the Crown offer and grant in such manner as he may think fit mining leases in respect of- (a) any mineral in respect of which a notice prohibiting pros- pecting has been issued under the proviso to section 9; (b) any area) not included in the area of an ex.chisive prospecting licence then in force, in which minerals in apparently pay- able quantities have been discovered or are known to exist, if no application for a mining lease in respect of such area has been made by a person to whom the lease could be granted under subsection ( l) or subsection (2); (c) any area in respect of which an application for a mining lease has been made, if the application has been refused or has bce.n withdrawn; or (d) any area in respect of which a mining lease has been granted, if such lease has been forfeited or surrendered or has expired. (5) If application is received for tlw same arra or for over- lapping areas from t\\'O or more pcrsc;ns ancl there should aris1· any doubt as to which of dwm has priority for his claim, the decision o/" the !\-finistcr thereon sh;t!J be final unks~i the MiuisttT shall direct . tlwt their claim shall be referred to arbitrntiou: Provided that when an application has !Jccn made •in respect of an area no application by another person covering the whole or part of such area shall be considercc.l as being in dispute with the first application unless lodged with the Inspector of Mines within a paiod of twenty-four hours of the receipt by such officer of the first application. 30. .The Minister . . may require an applicant for a mining lease to Apptlica mu.r; 1 nt SJ.OW show to his satisfaction that he possesses or commands sufficient sufficient working capital to ensure the proper development and working of capital. mining operations on the area applied for, and may require any report!\ on - the matter made by prosp_ectors or engineers to be sul,mitted for his information. In the event of the applicant failing to satisfy the Minister as aforesaid, the Minister may refuse the application, but the applicant may make a new application at any time,

31. (1) A mining lease may be granted for such term, not ofD1.1ration lease. being more than twenty-five years, as the Minister may think proper. (2) If at the expiration of the term originally granted the lessee Renewal. ~hall be carrying on work in a normal and business-like manner, and the lease shall not at that time be liable to be forfeited under any of the provisions of this Act, and the lessee shall have given to the lnsp~ctor of Mines six months' notice in that behalf, then the lessee shall be entitled on payment of the prescribed fee to obtain a renewal of the lease for ~'Uch further term not exceeding twenty-five years as the Minister may approve upon the conditions which are then generally applicable to new mining leases_, but without the right to a further renewal of the lease. (3) A mining lease may be surrendered at any time after six Surrend~ c mining months' notice in wridng has been given to the Inspector of !\.fines ie,-..,..e. of the intention to surrender, if the sanction of the Minister be cndorsccl in wdting thereon and Oil p;•~'IIH'lll ur 1111· prescribed fee, hut not nlhcrwisc: Provided that such ~urrenckr :;hall not affect any liability incurred by the holder before such ~11rre111kr shall have taken effect. >-io transfer 32. The holder of a lease shall nol transfer or assign his lease or of lea.'IC · without any of the rights conferred thereby without the consent in writing C'OllS('lll. of the Minister signified by endorsement on the instrument of assignment. Kiml'I of 33. Mining leases shall be of ,iuch kinds and shall be granted mining leases and subject to such covenants and conditions and in respect of such conditioru areas as may be prescribed, or, if not prescribed by the rules, as rdating chereto lo may be directed by the Minister. he prescribed by rules. Rights under 34. A mining lease shall confer upon the lessee the right to enter a mining 1.-ase. upon the lands the subject of the lease, and subject to. the rules the exclusive right to mine on !IUch lands, and the right to remove and dispose of the minerals specified in the lease on payment of the prescribed royalties. Surface 35. ( l) In so far as it may be necessary to the lessee or to the dghu of mining applicant for a lease to whom permission to mine has been granted IL'SSCI!. under section 23 for or in connection with his mining operations and subject to the provisions of this Act and to the rules, the Jes.see or such applicant shall have on the lands included in his mining lease or in th'e area on which permission to mine has been granted, as the case may be, the following rights- · (a) to make aU necessary excavations; (o) to erect, constn.1ct and maintain houses a,:id buildings for his use and for the use of his agents and servants; (c} to erect, construct, and maintain such engines, machinery, buildings, and workshops and other erections as tnay be necessary or convenient; (d) to stack or dump any of the products of mining; (e) to lay water-pipes and to make watercourses and ponds, dams and reservoirs, and to divert any water on or flowing through the land; (/) 10 construct and maintai11 a 11 such lra 11!\V,1} s, ro,uh, \"()ll1- nn111ications, and conv('nienccs ,ts may lw H('tTS~ary. (2) The lessee shall pay rc11t (lll'rci11illin called surfocc rent) al such rate per amnull .is shall be determined by the !vli11isfr1· r;_n• all land occupied or used by him for any of the pHrposcs mentioned in subsection ( 1},or otherwise for or in connection wiih Iris mining operations. (3) Before granting a mining lease, the Minister shall, if practic- able, cause the owner of any land included within such lease to be info1;mcd of his intention to grant the lease, and require such owner to state in writing, within such time as the Minister may determine, the rate of the annual surface rent which he desires shall be paid to him by the mining lessee for any land occupied or used by him for or in connection with his inining operations. Jf within. the time specified the owner of the !and shall state the rate of the rent which he desires shall be paid, and the Minister is satisfied that such rent is fair and reasonable, the surface rent payable in respect of the land of such owner shall be at the rate stated by him. · (4) Subject to· the provisions of subsection (3) the· Minister shall fix the rate of the surface rent payable under this section and · shall cause the mining lessee to be notified .of the rate so fixed before or as soon as conveniently may be after the granting of the mining lease: Provided that-- (a) the rate of surface rent, whether fixed by the O\-rncr or by the Minister shall be subject to revision by the Minister at intervals of seven years; (b} in fixing tl1e surface rent payable the Minister shaH not take into consideration the damage which may be done to the ~urface of the land by the mining or other operations of the lessee, for which compensation is payable under section 38 (2). (5) The s~rface rent payable under this section by a m111111g lessee shall he paid without demand half-yearly to the presci·ibcd officer, who shall pay the same to the owner of the land. (G) If any question shall arise as to the extent of the lands oc- cupied or used by a mining lessee, or as to the date on which lie con1rncnc·ctl or ceased to occupy 01 w;,: any Lrnd, or as lo the pro- portion of the ~ttrfacc rculs pay;d,k 111 1lw persorn; 1·1ilitkd to receive auy portion tltcn:of: th4.: d, 1-i>1io11 or Hl1: Commissioi,cr shall be final and binding on all persons, St1hjcct only to an appeal to the Minister. · All expenses incurred by the Govcnuncnt in surveying, measuring or otherwise ascertaining the extent or value of the land in respect of which surface rent is payable under th.js section shall be paid by the mining lessee. (7) The acceptance hy m on behalf of the Crown of any surface rent shall not be held to operate as a waiver by the Crown of any forfeiture accruing by reason of the breach of any of the provisions of this Act, of the rules or of any covenant or condition, express or implied in any lease granted under this Act. Mining 36, A .mining Jease shall not authorise the lessee to occupy under towns and villages, or mine on or under land occupied by a town, village, market, and near historical mQnumncnt or burial ground, .or land habitually used public l>uildings, or occupied for sacred or ceremonial purposes, or to occupy or etc., prol.J- bited except mine on or under any land within one hundred yards of any Gov- with the .ernment or public building or works, or any town, village, market, consent of historical monument, burial ground or place used or occupied for tl1c Min\Jler. sacred or ceremonial purposes as aforesaid, or public road without the consent in wrhing of the Minister first obtained, and subject to the conditions, if any, imposed by the Minister. Righi of 37. A mining lessee may, on the lands included within the area minfog lc,isc<: fo cut of his lease, cut, take and use any tree when necessary in the course ll'eet<, of mining operations · or when required for mining or domestic· purposes, pmvided that he shall not. cut or take any trees in a forest park or any protected tree except with the consent of the Forestry Adviser or before paying the fees and royalties prescribed under the Lands (Provinces) Act, or the Lands (Bathurst . and Kombo Saint Mary) Act, as tile case may be. (?oinpcnsa• 38, {l) The mining Jessee shall pay compensation to the owner uon for damage to of any buildiug, or of any economic trees. or crops removed, des- buildings, troyed, or damaged within the area of the lease by the lessee) his ct,c. agents or workmen: Provided that conipcnsatiou shall 1101 bi'. pa y.1 hie iii rnprct of any building creeled or tree or crop pl,111tcd on land i11 n:sp(·ct of which surface re11t is paid hy the lessee under section '.15 after the date on which such rent commenced to be payahk. (2) If by reason of the mining or otlwr operations of the mining lessee the surface of any land is darnaged, the mining lessee shall pay compensation for such damage to the owner of such land. (3) If the person claiming compensation and the lc:isce are unable to agree. as to the amount of compensation to be paid, the matter in dispute shall be determined by arbitration, except whe11. the 'claimant, being a Gambian, requests the Commissioner to assess and determine the compensation, in which case the decision of such Commissioner shall be final and binding on all parties, subject on!y to an· appeal to the Minister whose decision shall be final, unless he shall direct that the matters in dispute be determined by arbitration. Notice of such appeal shall be given to the Commissioner within fourteen days of the date on which his decision is notified to _the party desiring to appeal. (4) The compensation awarded by the Corfl.missioner or, in the case of an appeal, by the 1Vlinister or arbitrators, shall be paid by the lessee to the Commissioner for transmission to the persons entitled thereto within fourteen days of the date on which the amount of the compensation awarded is notified to the lessee,

39. ( 1) Whenever, by reason of the grant or existence of a mining Compens; lion to be lease, the Minister resumes possession of any lands occupied under paid by a Crown lease, or licence, the mining lessee shall pay to the Govern~ mining le on r<:sum mcnt the amount of the compensation paid by the Government to tion of la the Crown lessee or licensee by reason of the resumption of posses- leased by the Crow sion; {2) Whenever, after the grant of a mining lease, a Crown lease or llights UI Crown k licence shall be granted in respect of any land included within the giam._-d l area of the mining lease and not occupied prior to the grant of the a mining 1~..:ie-. mining lease, the Crown lessee or licensee shall not be rntitlcd to compensation under section 38. lti<:hl of 40. ( I) 'fltc ks,;ce o/' ;I llll!lJllg' 11•;1~1: wlt•J ~li:dl h,tVC paiu all !c·:;~t'l' j() r\-1\"'IOVt. rent&, royalties and other paymc11li; ,,, lw 1J1;1d1· I,)' him under this !l--.:titrr~. Act or unckr tlte terms of his kas1· 1,1,,y, wiil1'1n 11111· HJOnth ;1fter the expiration 01· other detcr1J1in:1tfon ol l,i.s lc:,sr, 1T11111v1: all or ;my of the plant, buildings or other prop,Tt y ,,r tlu· ks,,c,·. h'lwn (2) In the case of any lessee who oa the expiration or deter~ j:,rnpcrty of lhe 1,-ss~e mination of his tease is in default in lhc p,tymcnt of ,my rent, lx,c,:iru.1:5 royalties or other payments, and iH the case of a lessee who has not V<!$t<:d itl the Govc.,rnrncnl. removed hi.~ property within one. month as aforesaid or within such fmther time {if any) as the ,Mjnistcr may allow, all t11e plant, buildings and propeity of the lessee on the land the subject of the mining lease shall become the property of the Government and may be dealt with and disposed o(' in such manner as the Minister may direct. Forfcitute 41. 1f there shaJJ be a breach on the part of the lessee of a mining for br,,ach of rulei, <"le, lease of any conditiun or provision of this Act or of any rule made thereu11der, or of any of the terms, covenants or conditions of his ease, and if the lessee shall not make good such breach within such period, not being less than one month, as the Minister ~ay decide, from the date of receiving notice in writing from the M.inister so to do, or if the lessee shall wholly discontinue operations under the mining lease during a continuous period of six months, without the consent in writing of the Minister, then the lease may be determined by the Minister, without prejudice to any claim against the lessee which shall ,drcadv have accrued. The decision of the Minister determining the 1e~sc shall be. sufficiently notified to the lessee by its publicatio11 in the Gazette: Provided that the 1\-tinister may,' in lieu of determining a lease, order the lessee to pay a penal rent of such amount not exceeding three times the amount of the rent payable under the lease, as the Minister may dctcrrnine, from the date on which the breach com~ menced until the same is made good. Such penal rent shall be in addition to the rent payable under the lease, and shall be paid monthly without dernand and shall be recoverable as rent. Power 10 42. Notwithstanding anything in this Act or any rules made grant spc-cial mining the1·cimder to the co11trary the Minister may, in special circum~ lea.s,.-s. stances, grant a mining lease upon such speci.;i.l terms and conditions whether in accordance wi Lh the provisions or this Art a11d ;111 y rn ks mack tl~ercundn or not, as he may think proper. PART lV.--PrHWISCONS l{t;(;ARIHNt; W,\TER

43. No person shall in the course of mining or prospecting l'ol!uiion water of CIJ)crations or in any works connected therewith pollute or permit prohibited. to become polluted the water of any river, stream or watercourse. Any person contravening the provisions of this section shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding one hundred pounds, ancl in the event of the offence being continued after conviction, to a fine r1ot exceeding five pounds ·for each day during which the offence shall be continued. · Altera.tioru

44. ( l) It shall not be lawful for any lessee of a mining lease or hi water dte holder of a mining right to make or permit any other person to supply make, without the permission of the 1vlinister, any such alterations prohiLited. in the water supply of any lands as may prejudicially affect the water supply enjoyed by any other person or lands. (2) Whenever any such alteration shall have been made, the mining lessee or the holder of the right benefited thereby shall, in the absence of proof to the contrary, be presumed to hav~ made it. (3) Any person contravening the provision of subsection {1) shall be guilty of an offence and liable to the penalties provided in section 43.

45. Any person who offends against any of the provisions of either Action lo be taken to of the last two preceding sections may by order in writing be prevent required to take such action as may be directed to prevent a con- continuance or recurrence tinuance or recurrence of the offence and within such time as may of offence. be directed in the order. Such order may be made by the Minister or by such officer as may be prescribed. A.ny person who fails to comply with any such order shall be liable, on summary conviction, to a fine not exceeding ten pounds for each day during which such failure shall continue. J\-fi11isrt·t 46. (]) If it shall appear 111·r1s.•,;n y liir llu· proper working uf U1~!)" g:r.-mt ,l li~T!u·,~ lo Ihe area compri~l'.d i11 any miui11g lc.;,.\c 01 rni11wg- rig-ht the 1'vii11islcr l:'Lkl"' \v· .• frr may, 011 such t('rms as lie may l11111k prop,-r, 1!;1,mt lo the ks.,cc of or fnnu ~Lny riv,·r, r·t,c, holder of a rniniug riglil. over 1/w 111illt11g arm ;1 licence (which shall and ;1i;:·ro.:..s be known as a wat1·r right) to oh1ai11 and c:,1nvcy from any river, :my l:m.l.s. stream or watercourst' outside I.he mini11g area such volume of water as may be required for the purpose of mining within the same and for such purpose to occupy such land as may be required for a dam, reservoir or pumping station, aud for the conveyance of such water to the mining area by the means of pipes, ducts, flumes, furrows or otherwise: Provided that- (a) no such licence shall be granted until after the expiration of one month from the date of which notice of the application for the licence has been published in the Gazette and posted in a conspicuous place at the office of the Inspector of l\llines; (b} no such licence shall be granted if it is shown to the satis- faction of the Minister that the exercise thereof will pre- judicially affect any existing right in or over the Water supply to which it relates, ·unless the applicant shall pay to the person whose rights will be prejudicially affected such compensation as may be agreed upon between the parties or as may be determined by arbitration; (c) the provisions of section 35 (2) (3) (4) (5) and (6) and the provisions of section 38 shall apply, mutatis mutandis, to- every licence granted under this section. Provl$ional (2) Pending the grant of a water right for which application pi:rmission ,o mewal,,t, has been made the Minister may grant to the applicant, on such terms as. he thinks fit, provisional permission to exercise and enjoy the powers and rights for which such application has been made: Provided that no such provisional permission shall be granted until after the expiration of one month from the date on which notice of the application has been published and posted as pre- scribed. Pmv1)Uonal (3) When a person has made application for a mining lease or water rights. mining right in respect of any area and it appears that, in the event of such mining lease or mining right being granted, the grant 0 r a water righl under this section will be nc,·rssary fm the pr"pcr wurking of tl,e ;uTa, the l\;[inistcr 111ay, 011 such 11·r111s as hl: tli.iaks fit, grant Lo the applic111l a provisional w:1!cr right nmli-r this scrtion--- Such provisional .water right--· (a) shall not become operative unless and u11til a mllllllf{ lease or mining right over the said area shall be granted to the applicant: · Provided that, if the applicant has been granted pennis- sion under section 23 to mine on the area prior to the grant of the lease ~r mining right, the N1inister may, subject to such terms as he thinks fit, permit such provisional water right to ·become ope~ative at any time after the expiration of one month from· the date on which notice of the application for it has been published and posted as prescribed; and (b) shall becom~ null and void unless such mining lease or mining right be granted to the applicant; and (c) shall be subject to the provisos set out in subsection (1), save tJ1at the paymellt of compensation required by proviso (b) shall nof be required to be made prior to the granting of the provisional water right; and {d) shall become operative and have the same force and effect as a water ;right granted under subsection ( 1), upon the applicant p<tying the compensation set out in proviso (b) to subsection {l) and receiving a grant of a mining lease or mining right over the said area.

47. Every application for a water right shall be in the prescribed Applicatiozu for wat"" form. rights.

48. The holder of a water right shall not transfer his right or Tra.n><for ofwc.ter portion of his rights granted thereunder without the consent of the dght•. Minister signified by endorsement on the instrument of assignmeut. The transferee of a water right shaII be liable for all rents and obligations which 1:"ay have accrued at the time of transfer.

49. A water· right may be surrendered at any time after one Surr,:11dcr ,,fw,iter month's notice in writing has been given to the Inspector of lVfincs r1ghl-'I. of the intention to surrender, if the sanction of the 1vfinistcr be niiniug kase, or water ri~ht, or cm'rrf'd hy 1(w applic1tion, if' such diversion is made e111irdy wi1hin 1h1· area l1dd by •ir :,pplinl li,r by hilll and is alig-11('cl and 111aintai1h:d to lh1· s;11d:I! tirni ofthv lusp.-ctnr .,f .\ tiucs; aud on the coudusicm of' 11111ti11g or prospn:tiug •1pcrat iuc1.~, or opcrnlirms under the water rjgJit, ;~ffri..:ti11)\ s11c.h public path, it sh.di, if required by the Inspector uf M.mcs, b1: rcmadt· a,; and where it was ucforc Sl!Ch iutcrforence.

53. (I) Jf the holder of a licence, or mining lc,isc, or a person Acquisition of right of lt:,ving permission under section 2'.3 to mine on an area the subject p:-ts;,ngcwi,y. of an application, is desirous of obtaining _a right of passageway over l,111ds outside the ai·ca covered hy the licence, lease or applica- tion, or if the holder of a water right is desirous of oLlaining a right of passageway for the purpose of such w~l!cr right, but is unable to ob1ain consent to such right, or on such terms as he considers reason- ahle, from the owner or occupier of the land over which the right is desired, he may apply to a magistrate of the first class for an order granting such rjght of passageway; and for the purposes of such application the holder of the licence, mining lease.or water right, or the person having permission under section 23 to mine, may authorise in wTiting a land surveyor, together with his servants and workmen, to enter at all reasonable times on any land after giving to the occupier thereof not Jess than three days' notice of the date upon which such· entry is proposed to be made; and· any damage done by such st1rveyor, his servants, or workmen, shall be deemed for the purposes of sections 20 and 38 to be damage done by such holder or person in the course of prospecting or mining operations. (2) If on any application under subsection (1) of this section the magistrate is satisfied- (a) that it is necessary either for prospecting or mining optrations or for the transportation, treatment, processing or storage of any mineral mined, that the applicant should have the right of passageway; and (b} that it is reasonable for such right to be granted over the particular land which is the subject -of the application; he may make an order granting to the applicant the right of passage- way and shall determine the compensation to be paid to the owner or occupier of the land over which the right of passageway was granted. J-GVI (3) 111 asscssi11g lhc co111p1·n•::d 1,", p;1 va hk under lh is section t!a· magistrate sh:tll have n·::;,ni 1r, 1l1t· di.•.1trrli;11at· orsurEin: rights :llld Lo any clam.igt'. done, or lik, Iv lo lw d,mc, lu the surface of the la11d atl(I shall inclwlc in ~ltcli asscs'.;Hw11I Ilte s11r11 due r;w rcutal of any l.11ul occupied 11ndcr s11('h right ol' p.tssag-cway. (4) A copy of such order shall be forwarded by the Registrar of the Supreme Court to the Inspector of Mi,ies. · Dur;tlion of 54. Any right of pas~agcway acquired under section 53 shall right of pa.~:1gewc\y, expire when the liccuce, mining kasc or water right is terminated, or the permission to mine is determined, as the case may be, and thereupon the holder shall comply with the provisions of sections 40 and 81 in so far as they arc applicable. u~eor 55. The holder of a right of passageway who has constructed a mining road. road under such right shall not hinder or prevent any person over whose land such right of passageway exists from having access to or using such road: Provided that- (a) where any such person uses· such road in such a manner as, in. the opinion of the holder, to do appreciable damage thereto, or to enhance substantially the cost of upkeep thereof, the holder may call -upon such user to contribute to the cost of upkeep; (h) where any such pcrso:n uses such road in a manner as to interfc1·e materially with the free use and enjoyment of such road by the holder, such holder may call upon such user to limit his use of the road so as to cease such interference. PART VI.~DREOGlNG FOR :MINERALS 1>nxiging in 56. It shall not be lawful for any lessee of a mining lease or the river to be- licen.'lt-<l. holder of a mining right to dredge or permit any other person to dredge.any river, stream or watercourse without a licence from the Minister. Any person contravening the provisions ofthis section shall be guilty of an offence, and shall be liable, on summary conviction, to a fine not exceeding fifty pounds for every day during which the offence continues.

57. Before any such Jicencc lo dredge is grantt·d, scnirity sl\all Sn:urilyln lw n·!111ih?j· be given in such terms and to such amou11l as lhc MiuisLn may in each particular case din·d.

58. On every licence to dredge, there shall be endorsed such Condition~, • etc., on conditions or restrictions as the Minister m his discretion may think dredg:iflg fi t. licences.

59. Any person who shall act in contravention of any such Penalt}' for contravcn- conditions or restrictions endorsed on a licence to dredge shall tion of be guilty of an offence, and shalJ be liable1 on summary con- c ~ a viction, to a . fine not exceeding one hundred pounds, and the ~edging on holder of the licence shall be Jiable for any damage which may licence. have arisen in consequence of such contravention. In this. and the following section, n~n--compliance with any lawful order, direction or notice given by the Inspector of Mines under and by virtue of conditions or restrictions endorsed upon the licence shall be deemed a contravention ofsuch conditions or restrictions.

60. When in any prosecution under this Act it is proved that the Cancellation ofdn:dging conditjwis or restrictions endorsed on a dredging licence have been licence. contravened, the court may, subject to the approvaJ of the Minister, catu;el sqch licence iii addition to imposing any penalty prescribed by this Act. . PART VII.-SuRVEYS

61. Before granting a mining )ease or an exclusive prospecting Surveyors. licence, the Minister. shall require the area of the land to be in-. eluded to be surveyed by a Government surveyor, or if no Govern- ment surveyor i, available then by a surveyor approved by the Minister, and the cost of such survey shall be paid by the person applying for the lease or licence in accordance with the prescribed scale! Provided that in the case of an exc1unve prospecung ucence the area may be exempt from survey on the recommendation of the Inspector of Mines. 62. ln the event of any :1rc:t~, tlll' .•;i1l1j,-n t,J" ,Lll)' leases, rights or liccuccs. umkr this ,\c-1 h1·i11~{ fi,i11,.f l,i m', 1 Lq,, the land in dispute i;/r.dl be <'.IJltsidcn·d lo he witlii11 !I..- ;m·.1 " ' llw k:i.~c, right or licc11cc lir:;L grnntnl, .ind 110 compc11:,;1ti .. 11 :d1.Lll lw ;dlownl i11 n:specl thereof to the lessee or holder uf l Iii~ right or licence Sll l>scqucntly grant<::d, but a rcd11dio11 in (TII( shall then:aftcr l.,e allowed iu propcwtion to the reduction of the area or sudt lease, right or licence: Provided tl1at if any lease, right or licence shall have been granted in ignorance of the prior cbims of any other person, or ii" for any other reason it shall appear to the Minister that the grant of any lease, right m· Jiccnct: w;ts incquitabk, having regard to the mining or prospecting operations being conducted by any other person, the Min~stcr may, by notice served on thelessee or the holder of the right or licence determine such lease, right or lkence either . as to the whole or any portion of the land included therein at any time within three months of the grant of the same; Provided that if the determined lease, right or licence shall have been granted after survey and the lessee or holder of the lease, right or licence shall have accepted the lease, right or licence in ignorance of the pdor claim or the mining or prospecting operations of such other person, he shall be en~itled to receive from the Govern- ment compensa1ion for any loss or damage suffered. The amount of such compensation, if not agreed upon between the parties, shall be determined by arbitration. PART VIIl.-PossEsSioN AND PURCHASE oF MINERALS Meaning oC 63, For the purposes of the provisions of sections 64 to 71 inclusive, " mi111·rt\l~ " for purpose~ the term "minerals" shall mean any minerals to which the Gov- of sections ernor-General may, by order, apply the said sections. &Ir to 71. l'<J>S<';,sion of 64. No person shall possess any mineral unless he is the lessee min~r:Lls. of a mining lease, or the holder of a mining right, exdusive pros- pecting licence or a prospecting right, or of a licence granted under section 68 ,.... the duly authorised employee of such lessee or holder. Pt:milly fur 65. Any person who, being folmd in possession of any mineral, u,ilawful p,..st,ssion or does not prove to the satisfaction of the court that he obtained such 1uiner.:1t~. mineral lawfully shall, independently of any other liability, be guilty of an offence and liable- la} 011 sununary conviction, tn a line 11ul t·xn·cdi11g lwo lrnndrcd pounds or lo impriso11mc11t:, with or without h;trd bbo11r, ii)r a period 11ol cxcc1:ding twdvt· rnoull1~ ur to liotlt suclt line ;rnJ impri~onmcnt; or (h) on conviction before the Supreme Cuul'L, lu a line uot exceeding six hundred pounds or lo impriso1111wl!I., with or without hard labour, for a period uot exceeding three years, or to both such fine and imprisonment.

66. On the conviction of any person, whether summarily or Forfcilurc of minerals on on information, for an offence against section 65, any mineral in conviclii.Jn~ respect of which such offence has been committed shall unless proved by some other person to be the property of that other person be forfrited to Her Majesty and shall be sold or otherwise disposed of as the 1\.finister may by order direct. The proceeds from the sale of any such mineral shall be paid into general revenue.

67. (I) No person shall purchase any mineral unless he is the Purcll.'.lse of minerals. holder of a licenc,e granted under the next succeeding section. (2) Any person contravening the provisions of this section shall be guilty of an offence and liable~ (a) on summary conviction, to a fine not exceeding two hundred pounds or to imprisonment with or without hard labour, for a period not exceeding twelve months, or to both such fine and imprisonment; (b) on conviction before the Supreme Court, to a fine not ex- ceeding six hundred pounds or to imprisonment, with or without hard labour, for a period not exceeding three years, or to both such fine and imprisonment.

68. (1) The Minister may issue a licence in the prescribed form Licence to purchase ;1nd on payment of the prescribed fee authorising the person named minerals. therein to purchase minerals. (2) The. l\llinister i:nay refuse to issue any such licence without assigning any reason for his refusal. (3) Every such licence shall expire on the 31st December in the year in which the licence is granted. (4) A licence to pmch.1\\1: mi1u·1,,h :,11;1II 1101 ht· tramfrrred with- out the consent oftl1c '/vli11istcr. JJu1y of 69. (1) No pcrsou shall sdJ ;wy miw:rnJ 1mlcss he has first steller of mir,erals 10 satisfied himself thal the purcl1asn is tlw holder of a licence to sati5fy purchase that mineral. h i,n.s,·lf 1hat purchaser is licc.ust:d 10 (2) Any person contravening the provisions of this section slrnll buy. be guilty of an offence and liable, on summary conviction, to a fine not exceeding two hundred pounds or to imprisonment, with or without hard labour, for a period not exceeding twelve months, or to both such fine and imprisonment. Holikr of 70. The holder of a licence to purchase minerals shaH not pur~ licu1cc to satisfy chase any mineral unless he has first satisfied himself that the seller hiwsclf that is authorised to be in possession of such mineral ,and to dispose of tin; sdkr is aurho,-iscd 10 the same. possess:md di~pose of the num,rals. Duty of 71. The holder of a licence to purchase minerals shall- Jic,:n!l('e, (a) keep books showing- (i) all purchases made by him and the nature and weight of the minerals: purchased; (ii.). the date of each purchase; and (iii) . the name of the vendor and his tide or authority to .be in possession of the mineral; and (b) pn)duce such books for the inspection of any Government officer whenever required to do so. J'rJ1alty for 72. The holder of a licence who shall commit any breach of the c-ontraveni.ng sectio"s 10 provisions of either of the two last preceding sections, or of the and 11. conditions of his licence, shall be guilty of an offence and liable to the forfeiture of his licence and- (a) on summary conviction, to a fine not exceeding two hundred pounds or to imprisonment, with or without hard labour, for a period not exceeding twelve months or to both such fine and imprisonment; (h) on conviction before the Supreme Court, to a fine not C:<{:cc<liug four humlrc<l po1111Js or to irnprisu11mcnl, with or without hard labour, for a pc.-iocl not cxc,:l·di11K lwo y,·.irs, or lo l)(Jtlt StJch fine alltl imprisonment. PAR1' I_X.---1\11sc1tLLAN1Wus Prwv1s10N:-:

73. (J) \Yhcncvcr any land in respect of which a mining kssce L:uu1 ~"\l\\\fC<I. Ii>£ is payiug surface rent under section 35 is required by the: Govcm- public nwnl for any public purpose, the 1\-Iinistcr sJrnll give notice to the purposes. miuing lessee who shall remove therefrom any buildings, p!a11t or other property of the lessee. ln any such case the mining lessee shall be entitled to receive from the Government compensation for any interference with ways, works, building and plant belonging to the lessee on such land, but not for interference with his mining rights. The compensation payable . 10 a mining lessee under this section shall, if not agreed between the p;1r1ks, be determined by arbitration. (2) Subject to the provisions of the preceding subsection, a lessee of a mining lease, the holder of a prospe;cting right or of an exclusive prospecting licence, or of a mining right shall not be entitled to any compensation from the Government when prevented from the exer~ dse of any right on the land the subject of a mining lease or prospect- ing right or licence or mining right, by reason of the land being required for a public purpose. (3) The grant of any lease, right or licence under this Act shall Rights subsequently not prevent the Minister from- granted. (a) granting any other lease or licence (not being a mining lease or mining right or exclusive prospecting licence) to any other person in respect of the whole or any portion of the area the su~ject of a minin,g lease or right or prospecting licence: Provided that in the case of lands whlch are the subject of a mining lease or mining right or of an exclusive prospecting licence, any person to whom any other lease or Jiance is subsequently b'Tanted shall not be entitled to receive any compensation froin the Government for any disturbance of any rights under such lease or licence by reason of the exercise by the mining lessee or holder of lilt: mining ·right or prospecting licence· of any right confrrrccl by ~uc;h lease, right or licence; 1'.!alnials (b) t:tki1114 from lhl' land th, •;ul,j1•,·1 of' 1111' IP;1sc, ri~ht or licence n·,p1i1nl l(~r 11\1bl~\· -..,·tlr'k:-.. auy t11all·l'i:1ls rrqni1nl t.,1 IIIO' n,11:;lruc1io11 or railways, 10:1ds, bui!diui;s or ollll'r p11hlic wnrkl,; (i:) usi11g or ,tulhorisi11g llw 11~c ol' ,lllY 1·0,u.L co\l!;(ructcd {)II llw area covered by tlic gra11t: Provided that the Mini~tC'r may, hcfon~ authorising the use of such road for vehicular traffic by pen.om other than Government officers or servants, require any person desiring to use the road for such purpose to p:iy to the person who shall have constructed the same such sum as the Minister may consider to be a fail· contribution to the cost of con~tn1ction. Penalty 74. Any applicant for or holder of a prospecting right, exclusive where false information prospecting licence, mining right, mining lease or water right who is given by wilfully or recklessly gives false information as t9 any of the matters applicants. in respect of ,vhich information is or may be required to be given under this Act shall be guilty of an offence, and shall be liable, on stunmary conviction, to a fine not exceeding one hundred pounds or to imprisonment, with or without hard labour, for a period not exceeding six months, or to both such fine and imprisonment. 1:rautlulen I 75. Any person who shall place or deposit or be an accessory depo~it of metal 11,nd to the placing or depositing of any metal ore or mineral in any fraudul.,nt spot or place. for the purpose of misleading any person as to the .ampli:ng, r,tc. nature, quality or quantity of the mineral naturally occurring at such spot or place, or who shall mingle or cause to be mingled with any sample. of metal, mineral or ore, any valuable metal or any substance wluitsocver which will increase or decrease the value or in any way change the nature of the said metal, mineral or ore, with intent to defraud any person, shall be guilty of an offence and shall be liable to a fine not exceeding one thousand pounds or to imprison~ ment for a period not exceeding five years or to both such fine and imprisonment. fraud L,y 76. Any person who rep1·escnts that he has obtained the grant· applicant for .,:xdw1i\•e of an e>:clusive ·prospecting licence or mining right or mining prospecting lease, and thereby induces or attempts· to induce any person to licence, or mining right invest capital in any company or syndicate connected therewith, or kaa,.-, before he has obtained the grant of such exclusive prospecting licence, ,;,i 11 i11 g right or lca•w, shall lie liabk to liirli·it auy d.,i1u to !111- .1-:r;i11t , f ~1p·h (·.,dusiv,· pn,spcc1i11g lin·11n: or 111ini;1i;· rigi,1 tJI" !,·:,-;,·, .tnd ;J Ii,· 111· :d1r;,dy the liultkr of .i pn1!;Jw.-ting ri~;hl or ,111 ,·~dusiv,· 1111 ,~pn·tiug li,:cncc or miniug right ,11· kase, ,h:dl lw liable tn h:t\'l' l,i, lirrucc or mi11ing right or lease rnnh•ll: ·· Providul tha.t nothing in this sen ion shall relieve any person frurn liability to civil action or a cdmiwtl prosecutio11 in rcsp,•ct ,.f tlw said 1-cprcsentation.

77. (I) Ir an accident shall occur iu any mine or in connection Accident., to be reported. with the mining or prospecting operations conducted under a lr;tsc, rigill or licence granted under this Act involving loss of life iir serious injury to any persori. the lessee or holder of the right or licence shall report the same as soon as possible to the Inspector of Mines and to the Commissioner. In this subsection the expression "serious injury " means an injurr likely to result in the injured person being incapacitated from doing )tis usual work for at least fourteen days. (2) In the everit of any such accident the Inspector of Mines Holding of or, in the absence of the Inspector of Mines, an Administrative Ptm·erinquiry. to OUiccr or any other officer appointed by the Minister in that award com- behalf shall hold an inquiry into the cause thereof and if the person pensation. killed or injured isa tributer- (a) if it is shown that the lessee or the holder of the right or licence or any agent of such lessee or holder has been guilty of negligence, or has not taken all reasonable and proper precautions to prevent such accident; or (b) if the person killed or injured is an African employed in the mine or in connection with the mining or prospecting operations, and the lessee or holder shall fail to satisfy the oificer holding the inquiry that the accident is attributable to Lhe serious and wilful misconduct of such person; may award such compensation as he may deem to be just to such rd a lives of the deceased as he may think fit or to the i1uurcd person: Provided that the amount of any compensation awarded un<lt·r this section shall not exceed that which would have uc.;11 , l'\::ovcrablc under the ·workmen's Compens<1-tion Act had the person Cap. 19G. kilkd <.Jl" injured been entitled to compensation under that Act. (3) The decision of the ollii:n l111Jdiu1~ die inquiry sha]I be sc11t to the Minister, and a copy d1,·1 n,1' i:h;1IJ lw scnl to the lessee or chc holder ot the dghl ar Hccnn- as Hw r;i,•;,: m;1y be. (4) If any person to whom the compensation is awarded is unwilling to accept the amount of I.he cornpcns:1tion awarded in full settlement of all claims which he may have by reason of the accident against the person ordered to pay the same, he may refuse to accept the same :u1d take against such person such proceedings, if any, as may be opc11 to him apart from this Act. If the person who i$ ordered to pay compcnsati011 ;.~ dis.satisfied with the decision of the officer who has held the iriquiry, he may, within fourteen days of the date on .which he has notice of the award and is informed that the person to whom compensation has been awarded will accept the s:ime, appeal to the Minister whose decision shall be final: Provided that the Minister may, if he thinks fit, direct that tl;te matter in dispute shall be determined by arbitration or in the courts. (5} If there has been no appeal to the .Minister within the time specified above, or if there having ~een an appeal compensation is awarded, the person directed to pay compensation shall pay the amount awarded to the officer who held the inquiry or to his successor in office for transmission to the person or persons entitled thereto, and if the same is not paid within such time as the Minister may think reasonable, the Minister may, after notice to the lessee or holder of the right or licence, revoke his Jease, right or licence: Provided that nothing in this section <;ontain~d shall relieve any person from the liability_to be proceeded against for any offence committed by him. Powe~ to {6) The Inspector of Mines, an Administrative Officer or any 1u1nmon witnesses. other officer appointed by the Minister shall, for the purpose of any inquiry under subsection (2), have the powers of the Supreme Court to summon witnesses, to call for the production of books and documents, and examine witnesses and parties concerned on oath. All summonses may be in the form set out in the schedule hereto, and shall be served by a police officer or by such person as the officer issuing the same may direct. _71 .-\ny person sum1nc111cd to :lttcnd or In produce- l,rn,L ,,1' ,:. h11111c11ts a~ ;dlHTSai<l, aud n:fosiug or w·glcc.tiu~ lo do :.i,_. or : dmi ng 1<1 ,rnswt:r any q u L'slion pul lo him by or wit 11 ti w 1:on- 1 ,in <'nrt· of the ulliccr holding th<.· i11quiry, shall he guilty of a11 ,,1kun: aml liable, on summary conviction, to a fine not 1·xn:cding lilly pounds: Provided th:tt no person shall be bound to iucrirnin:lte himscll: .rnd r:vr:ry witness shall, in respect of any evidence given by hi1-:1 at UH.la iuquiry, be entitled to the privileges to which he wou,ld have lir.n1 entitled if giviug evidence before a court. (S) \Vitncsses attending at the request of or upon summons by .m o!licer liolding such inquiry shall, subject to any order made by 1111d1 officer, be entitled to the_ like expenses as if summoned to ,Htl'ncl the Supreme Court in a criminal trial, and payment shall ·lw m,1de in such manner as the Minister may direct. (9) Any interested party may appear at any inquiry either in 1}(:rso11 or by legal representative and may question the witnesses . and call witnesses on his own behalf on all matters relevant to the sul<lcct of the inquiry; Any person who.man interested party desires to call as a witness on his own behalf shall be summoned by the oflic(•r holding the inquiry to attend the said inquiry and give c-vidcnce thereat. ( 10) -Where after an inquiry has been held under this section any person is aggrieved at the finding thereat (other than in respect of any amount awarded as compensation under subsection (2)) rnd1 person may apply to the Supreme Court for the inquiry to be n·opcned and the Court, if satisfied that there arc good and sufficient ri·;1sons for doing so, may order that the inquiry shall be reopened lwforc itself or any magistrate, that any additional evidence thal is av:1ilable shall be taken and that the original finding shall then be rnnfirmed or a new finding substituted therefor. ( 11) Where the death of any person immediately results from auy accident in any mine or in connection with the mining or prospecting operations, the place where the accident occurred shall, aflcr removal of the injured person or the body as the case mny be, he left precisely as it was immediately after th.e accident until the I 11spcclor of Mines or the Commissioner has inspected it: Provided that work may be resumed at such place with the prior approval ofth,· Inspcclor "' fl.lines 01· if ils disnmtinuancc m.iy ('tHlang-cr the live~ of r>lhcr pcr:;un:; or :;nic,11,;/v 1111p1·1k die working nf the mine. Govnnmc:111 78. No person whether civil or iuilitary, while in the service ull'.kcrs pruh ibitetl of the Government of The G:nnbia, shall directly or indirectly froin acquire or hold any right or inlcn·st under auy prospecting right, a<equiring rigl,!s. exclusive prospecting or miniug- right or mining lease, and any licence, right or lca:-w or oth~r document or transaction purporting to confer any such rig-ht or intert'St on any such officer shall be null and void. Penalty for 79. Any person who without lawful authority shall wilfully injuring boundary break~ deface or remove, or in any other way interfere with any marks. boundary mark, beacon, pillar or post erected for any of the pur- poses of this Act or under any rules made thereunder, or remove or alter any such mark, beacon, pillar or post after it has been delin- eated on a plan or survey shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred pounds or to imprisonment for a pi:riod not exceeding six months or to both such fine and imprisonment. ·· Right of 80. ( 1) Any Commissioner, Government medical officer or mtry ;inJ in~p,·cii1.,n. officer of the J'dines Department, Survey Department or Labour Department may enter upon any land on whiGh mining or prospect- ing operations are being conducted, or which is the subject of any lease, right or licence under this Act, and inspect any prospecting or mining operations or any works in connection therewith. (2) The Inspector of Mines may inspect and take copies of or extracts from any books, papers, plans and documents dealing with the operations of the mining Jessee or the holder of any right or licence under this Act and required by this Act to be kept. (3) _The Inspectm· of Mines may at any time take samples, make surveys and perform any operations that he may deem neces- sary for the purpose of making a report on any land. Open sl1a.f1s, 81. The holder of a prospecting right in respect of any open ck., to ht" fenced. shaft made by him, and the lessee of a mining lease, and the holder ,.,I ,,. r.1i11iug rigLt or cxclmivc prospcctiug liccttcP and llu: applic:mt !car ,1 111i11i11r: kas1· or a mir,ini~ ri~hl to wltoin pnrnission In 111inc ti.,~ hn·11 ~r:111Lnl under s,:dton 2B, on the arc;1 c,I" wl1o~c IC';1::,., ri1:·ltt 111 li,ntC\'. ur prospcuing liccun: or ri~ht any 01H·11 slJ;11l 1,r 0[)("1,-.·:1st ni~t,, sh:111 w;1kc and m.iiutain suflicicnt fences or other sait·i~uards l,,r I he prulee1iun uf nia11 and beast, and shall WJ in ;di dis11S1'.d. shaHs uulr:;s otherwise ;mthoriscd in writing by the Inspector of1\1ines. l"rcservat i1.)n

82. (I} The l nspcctor of Mines may in his discretion by order and in writi11g require the lessee of a mining lease or the holder of any r<'~toration of bnd used for 1 ii:ht or licence granted or held under the provisions of this Act mining, elc. ur of any other Act relating to prospecting or mining to take such a·.tsottabli: measures for the prevention or reduction of soil erosion r;iusc<l by his operations or reasonably to restore any area used for prospecting or mining operations by the replacement of the surface soi I, the filling in of worked area, the removal of any tailing or other dumps or heap~ caused by such operations and such other metl10ds .as may reasonably be required and, upon service of such order, the provisions thereof shall be deemed to be covenants and conditions of the lease, right or licence concerned. (2) An order under this section may be issued either before or after the commencement of the prospecting or mining operations hJ which the order reJates. (3) The kssee of a mining lease or holder of a licence or right 1hat is the subject of an order made under this section shall have the right of appeal within three months against such order to the ~IinisttT who may vary, revoke or confirm the order, the Minister's <kcisiun being final. (4} An order made or decision given under this section may be sent by post to the lessee of the mining lease or the holder of the right or licence concerned, or to the agent of such lessee or holder. (5) Where compensation is to be paid by the lessee of a mining- lr.isc or the holder of a right or licence under the provisions of t!1is .\ct in respect of damage done to the surface of ,my land, any rt·s\oration effected in accordance with the provisions of this section shall Le taken into account in the assessment of such compensation. i JJ~putes 83. Any mining lessee or li11ldtT of ;1 ritht or licence who con- lwtw1•l'JI h!_.J,dt·.-.. ,,( sidns himself iujuriomly aff1:1 In! 1,y tlw mining or prospecting _ ri~ln, ;h to operations of any 0L11cr pcrso11 mar, lt;1vi111.~ giv(~11 fourlccn day~' 111ining: or p,n:..~J•t'C:li1i~ notice of his intention to the othir party, submit the matter through oix·r~ti.i<,.ns. the Inspector of Mines to llH· Jv1 inistcr for decision. The decision of the 1vfinister shall be final and bimling uclwcen the parties, unless the Minister shall direct that the matters in dispute shall be decided by arbitration or in the courts. ,\tbilrations. 84. The Arhitrnt.ion Act shall apply to every arbitration under this Cap. 5. Act, with the following modifications and additions- (a} unless the parties shall otherwise agree in writing, the reference shall be to two arbitrators, one to be appointed by each side, and the arbitrators may, if necessary, appoint an umpire; (b) ·· ,✓ hen requested by a citizen of The Gambia, being one of the, parties to an arbitration, the Minister may appoint an arbitrator on behalf of such citizen and in such case may fix the foe ..vhich shall be paid to the arbitrator, or,, when the· arbitrator is· a person in the service of the Govemmentto the Government for the services of the arbitrator. l'et\,~lt y for 84. /\uy person who- interfering with mining, (a) interferes with any mining or prospecting operations author- rte. ised by or under this Act; · (b) ohstructs any person in the exercise of any right conferred by or under this A-ct; (c) interferes with any machinery, plant, works or property established on, in, under or over any land in exercise of a right conferred by or under this Act; · (a] commits any breach of any of the provisions of this Act for which breach a penalty i~ not expressly provided; shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred pounds or to imprisonment, with or without hard labour, for a period not exceeding six months, or to both such fii:ie and imprisonment, !Hi. All\' oflic:cr of the 1\-fiucs Departnwnt, police ollin-r 01 IJ,Hlgc Pr,wc·r ta 11 ;,i~1·11~n: may witlio11t warrant arrest ;1ny person whom h,~ m:i.y .....:!lhll,J.j_ 111 ,d n,111mitti11g, or whou1 he 111;1y rcaso11ahly st1,p1T( or l1avi11!{ h·an.:.i.ut. r,,1,o1nt1t(·d ;ttt}' o!fr11Cl' agains1 this Act: J'rnvided that the person arrested shall be taken, with as little cfd.iy as pnssiL!c, before a magistrate lo be dca1t with according to L1w. 87, Whcnc·vcr it is proved to the s,1tisfat:tio11 of any court having Liahi!ity ol employer f. Jiuisdir1io11 that rm off~ncc against this Act has been committed by olfcm.:i:s .1ur rnina, workman or other person employed by the holder of a committedhis servant ptospcc1i11g right, exclusive prospecting licence, or a mining right, or a mining lessee, such holder or lessee shall be held to be liable for s11ch offence and to the penalty provided therefor, unless !11.~ shall prnve to the satisfaction of such court that the offence was com- miucd without his knowledge or consent, and that he had taken all H·asouablc means to prevent the commission of the offence: Provided that nothing in this section contained shall be deemed to exempt such miner, workman or other person from the penalties providl'd for the offence committed by him.

88. Every mining lease, mining right and exclusive prospecting Registratia lirc11cl', ni1d every instrument by or under which the rights, or any portion thereof granted by such lease, right or Jicence shall be lransfcrrcd, assigned or surrendered, shall be registered both in the vllkc of the Registrar-General and in the office of the Inspector of ~fines within six months of the date thereof, or. within such further time, if any, as the Registrar-General or the Inspector of Mines, i1s the case may be, shall allow and if not so registered shall be null ;.ind void.

89. Where under this Act the Inspector of Mines is required to Service of notices, et• $Crve, or in his discretion desires to serve, any notice, demand or other communicationt such notice, demand or othc1· communication ,hall be deemed to have been duly served if sent by registered post to the last address in The Gambia (furnished to the Inspector of ?-dines) of the person upon whom such notice, demand or other rnmmunication is required or desired to be served. . \1>1,1;~';11irn1 ~uul tT\ j1v1-r;·

90. (I) All lt:cs, rculs a11d r11yo11ii1·~ itnpnst•d 1111dcr Lliis Act sh:tlf of k,-~;. ~"•l-1iC;-i frlrm part of du: public rrv1:n111·: :111d 1t\r;.l1L1· ..... PnH'idl'd lhal in tht· t::isc ."I :;11(:11 fr,.,.,, reuts and royalti1·,; paid in respect of any right, licctwc or ko1~c: 1·x.1:rciscJ on land which is subject to lhc provi~ious of the I.ands (Provinces) Acl the Minister may at the end of every year or such other period as he may from time to time prescribe cause to be remitted to the District Authorities owning a particular piece of land in respect of which such right, . licence or lease shall have been granted such proportion of the fees; rents and royalties n:ccivcd therefrom as he shall consider proper. (2) The fees, rents and royalties payable. under this Act or re- served by any lease may be levied or recovered under the authority of and in the name of the Inspector of Mines 1 in like manner as such fees, rents· and royalties are or shall be leviable or recoverable by law in cases where private persons are concerned. l'uw~r of 91, The Minister may make rules for all or any of the purposes Mini,ter to make following~ · ruk'!I. (a) the mahnt:r in which applications for prospecting rights, cxdusiv(; prospecting licences, mining rights and mining leases shall be made, and the forms to be used; (b) the information to be supplied by the applicants; (c) the fees, rents and payments to be paid for any lease, right or licence granted; (d) empowe1:-ing the 1-finister to invite persons qualified to apply for exclusive prospecting licences, mining rights or mining leases, as the case ma.y be, or any of such persons as the Minister may select, severally to state what financial con• sideration of a kind which the Minister shall specify (in addition to all fees, rents, royalties or other payments required by this Act or the rules made thereunder) they arc prepared to pay to the Government in consideratfon of the grant of such a licence, right or lease {according as such invitation shall specify) in respect of any area in any tract of land in· which any mineral may have been, or after the commenccil').cnt of this Act ma.y be, dis.covered by any person searching for minerals on behalf of the Government, but without imposing any obligation on the Minister to grant .lll\ ~11d1 lice1tC(', right or k:is!" I() ;111r pcr,111} \('ll(kriii:!; in 1npo11se to such i11vitatio11 or to ;1ccqit tlw lii.:.:h.-st t1"11dn, ,111d witlwnl olht·1·wisl: ldh'ring 1l11: l'vlinistl:r's ,ihsolute disn1·tirn1 to gr.1111 or to withliuld th!' grant of snch a lk1·Jln·, right or lease, as the case may be; empowering the Minister to revoke-· r i) any exclusive prospecting licence, mm1qg right or minin~ kasc granted in consideration of au offer of the payment of any financial consideration withiu the rne:rning (Jr the last preceding paragraph, or any renewal of such <·xclusivc prospecting licence, mining right or mining lease or of a part thereof; or (ii) any mining right or mining lease lying within the boundaries of such exclusive prospecting licence and sub- ~cquently granted to the holder of such exclusive prospecting licence or part thereof (including any renewal) or any renewal uf such mining right or mining lease; or (iii) any mining lease lying within the boundaries of any such mining right as is referred to in sub-paragraphs (i) and (ii) of this paragraph subsequently granted to the holder of such mining right (or. renewal thereof), or any renewal of such mining lease; in the event of such financial consideration not being paid or 1li1•re being any cessation in the payment thereof; the shape of the area over which exclusive prospecting licences may _be granted, and the areas in respect of which mining rights may be granted; (,x.:) the size and shape of the areas over which mining leases may be granted; (Ii} the manner in which areas and boundaries shall be surveyed, marked and beaconed and the fees payable in respect of such survey; (i) the working conditions to be applied to mining leases; (i) the construction and use of passageways. 1:k) the construction and erection of houses, pits, shafts, m:.Khinery and other works to be used for m_ining purposes; (/) tlic fencing off or n-11dc1 i11g St'('llre of any of the works co11stnu.:lcd, iT<·ctcd rn· 111.1,k li,r prospecting or mini11g purposes; (m) the gr::iziug of c,tttlc or other anini,ds, and the cutting down and use of timber for 1he purpose uf carrying on prospecting and mini11g operation:.; (u) for securing the safety and welfare of persons employed in mines, and for the ca.rrying on of mining operations in a safe, proper antl cffoctua I manner; (o) restricting or prohibiting the employment of women and children in mining operations; (p) the renewal, transfer, assignment and surrender of rights under licences, rights and mining leases; ( q) the rcg·istration in the office of the Inspector of Mines of minir1g leases, mining rights and I exclusive prospecting licences and instruments under which any right or interest thereunder is transferred or surrendered, and the fees payable on such registration; (r) the returns to be rendered and the accounts, books and plans to be kept by mining lessees and the holders of mining rights and of exclusive prospecting licences, and the furnishing by such lessees and holders of any information required by the Inspector of Mines; 1s} the amount of royalty payable to the Government and the form and manner in which such royalty shall be collected and paid.; (t) regulating the disposal of sludge and tailings and declaring any waterways to be sludge channds; (u) for determining what proportion of any precious mineral per ton an ore may contain without coming under the definition of precious minerals; (v) the granting of leases and licences for surface rights and the covenants arid conditions thereof; (w) prcscrH>ing the procedure on an appeal to the Minister; (x) prestribing the fees to be paid in respect of any matter or thing done under this Act; and (y) generally for the carrying into effect the purposes of this Act. !i2. r I, I II regard to m111111,l\ operat.io11s for 1>rn·io11s 111i11crals l'owcr :,r Mi:,i,t.cr th, \lt11is1cr 111;1y 111ak1: ruks liir the folluwi1tg purpo~1·:-; w rn,tb· speci.d ,"J ('lllJ)<>Wcring the holder of a mining lease, 1lli11i11g right fl'~:~rd rule, i11 u, or t•xdusivc prospecting licence to demarcate by a li:ncc, or tllU\ll\g <,pcration~ l,y pillar:, or posts, any one or more portions of tltC area fol' prc·ciou~ i11dudcd in his lease, mining right or exclusive pr<Jspccting mim,rals.- licrnce not exceeding in each case one thousa11cl /c'.d square or suclt lesser size as may be pn;scribcd, hut not including any dwelling house or the g·round attached thereto without the occupier's consent, and to keep such portion or portions so demarcated while mining operations for precious minerals arc actually in progress thereon; (b) empowering any holder of a mining lease, mmmg rig;hL 01· exclusive prospecting licence who has complied with the provisions of auy rules made under paragraph (a), to prohibit and prevent any persons, other than those absolutely or conditionally exempted, from entering such demarcated portions as aforesaid; (<) prohibiting any persons, other than those absolutely or conditionally exempted, from entering any town, village or cump which is situated within the area of a mining lease, mining right or exclusive prospecting licence and the whole or the greater part of which has been built or set up by the holder of such mining lease, mining right or exclusive prospecting licence or his predecessors in title; (d) conferring on such persons as may be specified therein the power of searching persons, buildings and articles within such demarcated portions and such towns, villages and camps ,\S aforesaid. {2) Rules made under this section may apply to the whole of The Gambia, or to any particular mining lease, mining right or excl.usivc prmpccting licence or to any particular town, village or camp.

93. ( 1) The Minister may, by notice in the Gazette, declare any Restcictc<l · rnmcra I to be a restricted minera1. mint'rah. (2) No person shall pm:;pn:l Ii,, .,,. 111i11c ;111y rcRtricled mineraJ without a special licc11cc from tlH' 1111,pn 1,1r· o! .Mines. (3) lf any restricted miucra/ i.~ di:;cuvncd i.11 Ilic course of pros~ peeling or mining, the person prospccti111r or mining shall im~ mcdjatcly notify the Inspector of Mi11cs of such discovery. (4) No restricted mineral shall be removed from the l~.nd on which it is discovered without the consent of the Inspector of Mines. (5) No person shall export any restricted mineral from The! Gam~ bia unless he has obt,tined a licence from the Minister for such export. s. 77 (6). SCHEDULE SUMMONS TO Wrrm~ss To A.B. (name of person summoned and his calling and reside:nce, if known). You are hereby summonea to appear before the undersigned at ........................... upon the ............ day of........................... ,, 19 ... , at ............ o'clock and to give evidence at an inquiry being held into an accident at ........................... on the ............ day of................. 1 •••••.• , 19 ... , and you are required to bring with you (specify the books andidocu- ments (if any) which the person summoned is to produce). GtV\.'.N lhi.s ............ day of........................... , 19 .. .. (Ji'gned) ...................................... . l11spector of Mines or Commissioner N.B.-Disobedience to this summons may on summary conviction :entail a fine not exceeding fifty pounds.