Minerals Rules (Cap. 121)

2. In these rules, unless the context otherwise rcquircs·- Jntcrprcta• lion. 11 mining area .. means the area of a mining lease, mining right or exclusive prospecting licence; " mining title n includes a mining lease, mining right, exclusive prospecting licence or water right; 11 boundary beacon" or "permanent beacon " means a beacon constructed in the manner prescribed by rule 57 (I); 11 tt·mporary beacon " means a beacon construct~d in the manner prescribed by rule 5 7 (2). PART 1.-FEES, RENTS AND ROYALTIES

3. ( 1) A fee of five pounds shall be paid for every prospecting Fee fo, prospecting right. right. (2) The fees set out in the second schedule hereto shall be paid in Miscel- laneous fees. respect of the matters. and things specified in that schedule. Second ~chedule.

4. ( 1) The following rents shall be paid- Rents for mineral rights. (a) by the holder of an exclusive prospecting licence, for every Exclusive prmpcc:ting square mile or part thereof of the area included in the licence, fa:cnce. five pounds per annum; (b) by the holder of a mining right, other than a dver mining Mining right. right, the ren.t specified in the mining right; (c) by the holder of a river mining right, for every hundred Mining river yards or part thereof along the course of the stream in respect right. of which the mining right is granted, one pound per annum; (d) by the Jessee of a mining lease, the rent specified in the lease; Mining lriase. (t) by the holder of a water right, a rent calculated on the Waler right. volume of water the conveyance of which is granted by d,c right at the r!'te of one pound per annum per cubic foot per second: Provided lh•~t till: 1\fini:-lt:r w lY, 1i,r J<P(HI ami sufficient canst, reduce !Jw rt'11l pay:d,lt- by tlw h11ld1 ,. of .111 ("Xdw,-ivc prospccting- li.n·1u:e or inini11g right t"ftlin tnnpor,11 ily 111 /or the.: rcmaind,:r of the term of such li(:c11c1· or righl. \\}wn :md (2) The rents payable under this ndr shall he payable annually wlwrr p:l','i~LI,•. in advance without demand, awl shall be p.iid to the Accountant- GcncraJ, and shall be in addiliou to auy royalties or to any rents payable for surfat;e rights. Royaltirs. 5. (I) The following royalty sh«ll be paid- On titauifcrous ore or mineral, zircou and staurolite, mined in and exported from The Gambia, a royalty of two and a half per cent on the -market price. (2) If it is intended that any mineral shall be exported from The Gambia the Minister may permit the royalty to be collected in the form of an export duty payable upon exportation at the Customs port through which the mineral is exported; (3) When a lease or mining right is granted in respect of a mineral the royalties for which are fixed by rule at the date when the lease or right is granted, the_ royalties payable under such lease or rigltt shaJl be such rovalties as may from time to time be fixed by rule. !'ART II.-PROSPECTING RIGHTS l'owt'r of 6. Prospecting i"ights may be granted by the Inspector of Mines, lnsprctor to gn\llt and shall be in the Form I in the first schedule hereto. pmspcc·tir1g rights. First !>Cht-dule. f'orrn L Applinuion 7. Any person desiring to obtain a prospecting right shall make for prU'ip1..-t- ing: rig:lit. application therefor in the Form VII in the first schednle hereto Form VJ!. to the Inspector of Mines, and shall give the particulars required in the said form. PART J.U.-~XCLUSIVE PROSPECTING LICENCES Sh:i.pe- of !\rea 8. The area the subject of an exclusive prospecting licence shall t}w ·s:iUjrct of .1.nel<.du:;\'l!<e be rectangular in shape with a minim\\m width of not less than one• prn:.pccting third of the length: iiCt'llCt"'. Pruvickcl . thal the Supcriutcud«.·111 of Survey~ may i11 his di.•,rretion allow an area fo be other 1h~111 1Tclang11lar if ilw 111inimu111 1rn,mg-u\ar :H·~·a required under the 1\n is uo, :n•;1ilahh· or !{,r 11\hcr L'ood came. \Vhcrc it is dc~in.-d lhal ;1 lirn111dary shall lw id1·n1l\'al ~~,ith the bonndary of another an·a lhe shape may be made w i"lllJfonn with such boundary. In either of such c.ascs the rni11imwn width may be· lc!ls than one-third of the length.

9. ( l) Before an application is made for an exclusive prospecting Rc:lcons tu be c>rccu-d lice-nee, beacons shall be constructed and Jines of stones made or beforl! trt.'nchcs dug in the following rnanncr--- application. (a) a temporary beacon shall be erected at one corner of the area. Such beacon shall be known as the location beacon; (b) the remaining corners of the area shall be marked with temporary beacons which shall be known as corner beacons; (c) where both of the boundary lines radiating from the location beacon are more than one thousand feet in length, a tempor- ary beacon, which shall be known as a direction beacon., shall be erected in a prominent position on one of them at a distance not less than five hundred feet if possible nm.· ·more than one thousand feet from the location beacon and so as to be visible therefrom: Provided that if either of such boundary lines is identical with a boundary line of an area which is held ·under an existing mining title, no direction beacon shall be required; (d) a line of stones shall be made, or a trench not less than one foot deep and one foot wide shall be dug, for a distance of not Jess than ten feet, from the beacon at each corner on the boundary lines forming the corner. (2) An intending applicant for an exclusive prospecting licence may clear the boundaries of the area in respect of which he desires lo obtain such licence, subject to the following provisions- (a) the boundaries shall be cleared for a width of four feet on each side of the actual line; (b) no part of a forest park shall be cleared unless the applicant has first given notice to the Forestry Adviser, and no trees in a forest park and no protected trees shall be felled nnkss the felling thereof is necessary for the survey of the boundary line and the applica11t has p:1id Ilic I(,·:{ awl rnyallies payable 1hcrdOr; (c) tile provi:siuus of section a (I) 111 llu- 1\lt11nals Acl sh;dl, nmtalis mutmu/is, ,1pply. i\pplic:1tion 10. (I) Any pcrsou desiring to ubtaiu :111 t·xclusivc prospecting for an cx.clu- siv<" prospcd- licence shall apply in wril i11g lo the Inspector of i\fincs. i~g lin·nc1'.. ,\p1>li1·;uiom (2) Applications shall be made in quadruplicate in Form VIII lob,· in quad- ruplicate. in the first schedule here-to and shall give the particulars therein Fonn VIII. required. Plans (3) A plan of the area applied for drawn on tracing doth or n·quin·d from stout paper, to a scaJc of not less than J/25,000 and executed, in applicant. the opinion of the Superintendent of Surveys, in .a draughtsman- like manner, shall he forwarded in quadruplicate with. the application and shall show- (a) the relative positions of the location, direction and corner beacons with outline of the boundaries; (b) the approximate magnetic bearing and distance from each beacon to the next beacon; (c) the approximate position of ihe chief local objects; land- marks, and any other beacons in the neighbourhood; (d) the topographical features, such as the courses of rivers and the position of villages, within or adjacent to the area; (e) the pc1sition of the area in relation to a boundary of an existing mining.area if there is any such within half.a~mile; (f) the position of all beacons erected under these rules within one hundred yards of the area at the time of the erection of beacons by the applicant, (4) Applicants for licences sl1all in all cases quote approxi- mate magnetic bearings, and the word " bearing " in every appJica• tion shall be held to refer to the magnetic north only. Depo.,it. (5) When making application the applicant shall pay to the Inspector of Mines a deposit to cover the approximate charges payable for survey under these rules. If the actual expenses arc less than the deposit the balance shall be returned to the applicant, and if the deposit is insufficient he shall pay the balance before the application is granted. {6) \\'h.cn the survey of :.m area., oi, which an applicatio11 f<1r an t"xdusivc prospecting licence J1as hccn madt', is dispensnl with, da· deposit fix survey required 1111clt-r the pn-c1.:di11!~ paragraph ~h:dl be rctaim·d during the currency of llH· exclusive prospct·.i iug linncc and used to meet any charges nuclcr rule 15 (7); any bal;mcc ln·ing returned on termination of the lin·nt:(". 11, (I) Upon receipt of tile application, the Inspector of Mines Applicant to point out ur the Com.missioner may require the applicant or his representative area. 10 meet him or such officer as he may non1inate at such time (not being less than fourteen days after the intimation of such require- ment) arid place as he may determine and to accompany him or such officer to the area for the purpose of inspection. (2) The applicant shall bear all expenses occasioned by sud, meeting and inspection 1 including the cost of transport and carriers, and shall pay for any delay occasioned by him at the rate of four pounds per day. 12, The Irtspector of Mines shall forward one of the copies of hAppl;c••·on . • receive • dfirom t h e appIicant, toge th er WI'th a written . 1 owdeat lI1c app11cation with. report by himself as to whether there is to his knowledge any objection to the grant of the licence applied for, to the Minister, ,vho 1 after consideration of the application and report, may authorise tl,e survey of the area or any part thereof. 13, (1) On receipt of the authority the Superintendent of Appi,cant to Surveys shall, as soon as may be after satisfying himself that the ~:yor on ilcposit has been paid and is approximately correct, appoint a area. Government" surveyor to survey the area, ·or, if no Government surveyor is available, the Superintendent of Surveys shall inform the applicant that a surveyor approved by the Minister under section 61 of the Act may survey the area. The surveyor so ap- pointed or approved shall notify the applicant of the time and place at which the applicant or his representative shall meet for the purpose of ,showing the area beaconed. Such notification shall he made on Form XII in the first schedule hereto: Form XU. Provided that when approval has been given for the survey of an area by a surveyor on behalf of an applicant or his agent the survey shaH be complctc<l wi1hi11 Ji111r rnoulh!-t frolll tht" date on which tJJe applicant is informnl that lii:,i applkation l(Jr an ·exclusive prospecting licence is approved. The applicant or his rcprcscnlall\'C 111ay be rcqufrt:d to remain with the survey party during the imrvcy of the area. Clearing (2) The surveyor may in his discretion either require the appli- boundari"s, cant to clear the boundaries under his direction Or clear the bound- aries himself at the, cost or the applicant. (3) The plan made by the surveyor shall show the boundaries, boundary beacons, and the topographical features lying on the boundaries. All plans shall be graticuled to meridian 12 • West. Charges. (4-) The following charges will be made by th.e Survey Depart- ment and may be made by the surveyor approved by the Minister under section 61 of the Act- (a) a preliminary fee not exceeding five pounds, for each separate theodolite survey, except in the case of surveys of two or mOrc adjoining areas for th~ -s~me person at the same time, when only one such fee will be chargeable; }'ees ror (b) a fee for the survey of a boundary per mile or part thereof, survey or boundaries. which sliall not be in excess of that prescribed by the fol- lowing schedule- SCHEDULE A. Open country, or lines cleared to the satisfaction of the surveyors. B. Thick grass or patches of small trees. C. Light forest. D. Heavy forest. E. Scrub. F. Scrub with heavy timber or mangrove awamp. A )) C \) E F 'Jl1eodolitC" P'" prr 1wr (rn;irknl line) .. mile mile- '"" mile milr pt't" mile . "-•--- --·--- Jll'-! mile' ,. J. ,. d. ,. d. £ .,. J,' ,. d. £ ,. d. ......... i34. lO00 000 44 15JO0 000 55 150 00 ,, 0 "·0II IIJO 00II 000 20rnw JO00 000 l.rnl l\ruken ... ... i ¾0 0 6 13 4 II R (I kug){nl ... All lines necessary for the survey will be charged for .. The decision of the Superintendent of Surveys as to the character of the country surveyed shall be final. (c) the applicant shall be entitled to one tracing of the plan Plans suppH-ed lo on· linen which shall be attached to the licence, and three applitam. sunprints on canvas backed paper or linen at the following rate- La, Larger than Oemy Im~rial than Dciny 22" by 17" 30., lf 22-"' Imperial FinWled drawing on rnounted £ .. d. £ ,. d. £ ,. d. £ ,. d. paper ...... ... ..... . ..... . 0 lO 0 I 0 0 I 0 0 2 0 0 Tracmg Siinprint ... ...... , .. ... 0 7 6 0 5 0 0 10 0 0 7 6 0 15 0 0 IO 0 I 0 0 0 15 0 Further copies .of the plan will be charged for as follows- La, Larger than Demy lmperial than Deroy Imperial J-'ini,hed drawing on mounted £ S, d. £ ,. d. £ ,. d. £ .. d. paper .,,. ... .. . ... .. . ... ... I 0 0 I IO 0 2 0 0 3 0 0 Tracmg ... 0 12 6 I 0 0 I 10 0 2 0 0 Sunprint ... ... ... ' ... 0 10 0 0 15 0 l 0 0 . I 10 0 (d) an additional charge for each beacon, the position of which has been fixed by the surveyor, as follows- Beacons.-Ten shillings each at principal corner,_ five shillings each on line. If supplied by owner, seven shillings and sixpence at principal corner, two shillings and sixpcuce on line; (t) the followi11g charges i11 rcspct:1 of 11·;111sport transport of s11rwy matcri"I j>>ior '" ,·ornrncnct,rncnt of work, 1.wt excn-di11g live pmr11d1-i pn ila)1 ; delay to survey ocGtsioncd hy ,1pplica111. tlur'ing survey or demarcation, not rxcccding fi:,ur poumls per day; expenditure 011 guides, canoe liirc, ferries, etc., at actual cost. Beacons. (5) At the time of the survey permanent beacons shall be placed at the angles made by the boundaries. lloundary beacons shall also be placed at points where main roads, telegr:1ph lines, or water- courses cross the boundaries: Provided that where for any reason it is impracticable to comply strictly with these provisions, the surveyor may authorise the placing of beacons at- such other points as may in his opinion most conven• iently define the boundaries of the area. Form XII. (6) The applicant shall state on Form XII whether he intends to provide all- beacons or materials or wishes all such beacons or materials to be supplied by the Superintendent of Surveys. (7) A line of stones or a trench not less than one foot deep and one foot wide shall be made along the boundary lines for a distance of eighteen feet on each side of a boundary beacon. (8) All beacons shall be erected before the surveyor leaves the property. Arca to (9) The area as finally marked and beaconed under the direction conform with area of the surveyor shall conform as nearly as possible with the area heaconcd beaconed before application for the licence, the beacons erected before applicatiQQ. before such application being acljusted by the surveyor where necessary. Any ruling as to the position of beacons given by the· Superintendent of Surveys, or by any officer appointed by him to settle any dispute between the applicant and the surveyor as to the position of beacons, shall be final, The area of the land covered by an exclusive prospecung licence shall be accepted as determined by the survey, and the plan made by the surveyor shall be accepted ·as the correct plan. Rcd~ct1on or ( IO) If the area of the land in respect of which an exclusive e:nlatg~c-nt of area. prospecting licence has been applied for is found by the surveyor to be greater than the area allowed by the Act, the Superintendent of Surveys shalJ, stihjcct to the provisions of paragr~lph ( l l) of this 1ulr, have entire discretion to cause the position of tltc lwan,11s l<> lw .dtn cd i11 order lo bring the area within the limit allowed. ( 11) The surveyor shall report to the l\.finislcr thruwrJi the Cn~•··; iu . ·s . . d ent of urvcys 1'f l I1c area app ,.1cd ,or S11penntcn r cannot b c 1'd"' cnt1'/jlt'{l fees wluch .survey may be on chc ground by mea:ns of the plan and the beacons erected, or if forfeited, the area beaconed exceeds by 20 per cent the maximum allowed by the Aci, and in either of such cases if the application for an exclusive prospecting licence is refused, the survey fees deposited shall be forkitcd in whole or in part as the Minister may think fit. Survey of ( 12) Wl1ere in the case of applications for two exclusive prospcct- common iug licences made by the same person the areas applied for have a boundary boundary common to. botl~, the Superintendent of Surveys may, in lines may be dispensed his discretion and to sllch an extent'as 11e may think fit, at the written with in request of the applicant or his agent, dispense with a survey of the ccrlain cases. common OOU.rtdary line and with the erection of any boundary beacons thereon : Provided that the Superintendent of Surveys shall not grant .;my such di_spensation until the applicant or his agent has glven an undertaking to the Superintendent of Surveys that, in the event of the applicant. desiring to transfer to another either or both of such exclusive prospecting licences or any portion of t11c rights granted thereunder, the applicant will, if required by the Super- intendent of Surveys,"- pay into the Treasury before such transfer such sum as the Superintendent of Surveys may consider sufficient to cover the cost of a survey of the common boundary line and the erection of any boundary beacon thereon. ( 13) If the bouudary of an area in respect of which an exclu- Survey or other sive prospecting licence has been applied for is not a common boundary boundary with an adjoining area in respect of which such a licence lines may b( dispensed has been granted or applied for the Superintendent of Surveys within may, in his discretion and· to such extent as he may think fit, at the cert~in ciu~. written request of the applicant or his agent, dispense with the survey of the said boundary line and with the erection of any boundary beacons thereon other than those at the terminals: Provided that the Superintendent of Surveys shall not grant any such dispensation until the applicant or his agent hus given :in undertaking that, in the event of the said boundary becoming a t·ommon houudary with an acljoi11i11g arl'a, or i11 the 1:vcnl of any dispute arising with a District Autl101it)', 1h1· applicant shall, if so n:quircd by the Supcrintcnclcnt of Survey,.;, p,1y. iulo the Treasury in the first event such sum as the S11pniutt·ndn1t of Surveys may consider sufficient to covn half the cost of a survey of the common boundary line and the erection ol' lwaco11s thereon, and in the second of the said events, the full cost of the same: Provided further that the cost of surveying and fixing the corner beacons of an area where one or more boundaries are not surveyed, shall not exceed the max.imum cost laid clown in this rule had all such boundaries been cut and surveyed: Provided further that the cost of any additional survey which may be required pursuant to the provisions of this paragraph, shall be assessed in accordance with the provisions of paragraph (4) of this ~~ . Finandal 14. The applicant for an exclusive prospecting licence shall, if b"lla,rantcc. required by the Minister, furnish a guarantee approved by the Minister of a suni not exceeding two hundred pounds per square mile, within six weeks, or such further time as may be allowed by the Minister, of the date on which he has been notified by the Minister that his application. is approved. If the applicant shall fail to furnish such guarantee, his applica- tion shall be refosed, and if any expense has been incurred by the Government in con·ncction with thC survey of the area applied for,. the survey fees deposited by the applicant shall be forfeited to the Government in whole or in part· as the Minister thinks fit. Preparation 15. (I) On completion of the survey a licence shall be prepared. and r.xecution of in duplicate in the Form II in the first schedule hereto and a copy licmce. of the plan of the area shall be attached to each copy of the licence .Form JI. and the licence shall be forwarded to the Minister together with the application and all reports thereon. (2) Where the survey of an area, on which an application for an. exclusive prospecting licence has been made, is dispensed with, a licence shall be prepared in duplicate in the Form II in the first schedule hereto and a copy of the plan of the area supplied by the· applicant attached to each copy of the licence and the licence shall bc forwarded to the lVIiuister together with the applil'ation .i n<l all 1<·purts thereon. (3) lfplans are not supplied by the applicant the Supcrintcndc11t of Surveys shall make copies of the plan accompanying the applica- tion and charge for them at the rates laid down in rule 13 (4) (c). (4) If the Minister approves the grant of the licence the two copies shall be executed by him. Of the executed copies one shall be sent to the applicant and the other shall be filed in the office of the Inspector of Mines. (5) When the applicant or any person acting for him under a Registration in office of sufficient power of attorney. acknowledges in writing on the copy (m,pector.of filed in the office of the Inspector of Mines that such copy is a correct Mine5. copy of the licence sent to the appJkant, the licence shall be deemed to have been registered in the office of the Inspector of Mines within the meaning of section 88 of the Act. (6) In the event of a dispute arising regarding the boundaries Disputes a!! to bowtdarit:S of the area on which application has been made for an exclusive where survey prospecting licence for which survey has been dispensed with, the di~nsed with. Inspector of Mines may require both parties to deposit a.sum esti~ mated ·to be sufficient to cover the cost of survey. He shall then cause the beacons on the boundary or boundaries in dispute to be est- ablished on the ground in the position shown on the plan attached to the licence and may- require the boundary line or lines to be surveyed. (7) The cost of the establishment of beacons and survey of the Cost of survey on line or lines shall be borne by the parties to the dispute in proportion dispute. :o their respective errors as assessed by the Inspector of Mines and :ubject only to appeal to the Minister whose decision shall be final. 16, All beacons shall be kept in good condition and repair by Maintcnauce of be-acorn he holder of the licence, and the holder of the licence sball at all and imcs at each corner beacon, and at Cach beacon on a main stream, bo1.mdary liJlt"!I • .eep the boundary lines for a distance of fifty yards in each direction ut and cleared of vegetation for a width of six feet, and shall, if equired by the Inspector of Mines, clear of vegetation all or any or l,e boundary lines specified by the said Inspector. 17. \Vitl1iu thn·c montJ1s of the issue· 11f an cxclw;ivc prospcclin!{ HthjKT(ill!{ Jicct1cc the hokkr shaJI_ clearly pai111 011 nc, )' lwanm on the sidt· rrn1,·1·loli1• faring outwards from his ;uTa rhc ofl11 i;d 1111111!,,·r ,,f sud, exclusive ·,ai11tnl 1111 w;tn111~. prrn•pccliJJg Jicc11cc. :·:.xprnditun; 18. The expenditure by the holder of an exclusive prospecting licence for alluvial miner~1ls on African wages for prospecting alone shall be at the rate of nut less Lhan £'.50 per square mile per annum except where the Minister, in his absolute discretion, approves any other obligation whether monetary or otherwise. Avplication'l 19. Application for the renewal of au exclusive prospecting Rir rcnewa1. licence must be made through the Inspector of Mines at least one month before the eJ<pirati<m of the licence. PART IV.-APPUCATION BY HOLDER OF PROSPECTING RlGHT OR. ExcLtJstvE PROSPECTING LJCENCE TO RETAIN OR D1sP0s£ OP MINERALS Application 20. The holder of a prospcctmg ngnt or ol an eJ<clusive prospect- by holder of a prospecting ing licence who may desire to retain Or dispose of any minerals right or raised or obtained in the course of prospecting shall make applica- licence to retain or tion in writing to the Inspector of Mines, and shall in such applica- dispose of tion state the kind and quantity of minerals in respect of which the m.inuals. application is made and the situation of the Janel from which the minerals were obtained, and shaU furnish such other information as the Inspector of Mines may require. Con.~cnt of 21. ( l) The Inspector of Mihes shall not grant leave 10 an U1e lnspec;:tor of Mines• to applicant to retain or dispose of any mineral in respect of which the the refmtion royalty is not prescribed by rules for a perio<l of four months or until or disposal of minerals.. rules prescribing the royalty in respect of such mineral have been sooner made. (2) The consent of the Inspcctqr of Mines to the retention oi- disposal of any mineral by the holder of a prospecting right or an exclusive prospecting licence shall, be in writing and shall specify the kind and quantity of the minerals which may be retained or disposed of. PART V.-1'1INJN(; RIGHTS 22. \Vhcn there is reason to hl'licve thal lilt.' miucral bcari11g Mining wln:u righl qu:.ditics of the land arc nol such as to justif}' au ;1pplicatio11 for g:r.intt:1.!. a mining lease, a mining right may he granll'd.

23. (I) In the case of a river mining right, not more than 880 Area of river mining right. yards measured along the course of any stream shall be included within the area the subject of one mining right. (2) Before application is made for a river mining right, temporary · llc:aconing of area before beacons shall be erected to mark the highest and lowest points on application. th~ i::tream in respect of which the mining rig-ht is required. Application

24. (I) Any person desiring to obtain a mining right shall apply for a mining in writing to the Inspector of Mines. right. (2) Applications shall be in quadruplicate in Form IX in the Form IX. first schedule hereto and shall give the particulars therein required, so far as in the opinion of the Inspector of Mines is possible. Plans accom- (3) Application shall be accompanied by a plan in quadruplicate panying dra\Vn to a.scale of 1/5,000 which shall show- application~ •) in the case of river mining rights, the position of the stream in respect of which the applicatiori is made; b) the position of the temporary beacons erected by the appli- cant; (c) the approximate magnetic bearin,ar from one beacon to the .other; (d) the approximate position of the chieflocal objects, landman,, and any other beacons in the neighbourhood; (<) the topographical features, such as the courses of rivers and the positions of villages within or adjacent to the area covered by the application; (f) the position of the area in relation to a boundary of an existing mining area if there is any such within half-a-mile; (g) the position of all beacons erected under these rules within one hundred yards of the area at the time of the erection of beacons by the applicant. B,-;srini,..._. ('l·) Applicants shall in all cases quote approximate magnetic bearings, and the word " bearing" in t'Vffy application shall he fll'ld to refer to lhc magut"tic nortli 1.11.-ly. (:>) \.Yhcn making applic.ltion the ;lpplicaul sh~11I pay to the Inspector of Mines a deposit to cuvcr the ~lJ>prnximatC charges payable for survey under these rules. If the <\t.lna.l expenses are lc$S than the deposit, the balance shall be l'cturncd Lo the appJicant; and if the deposit is insufficient, he shall pay the hali.mCe before the application is granted. Applicaiion 25, (I) An application for a mining right shall be dealt with in of rule 12. accordance with the provisions, mulatis mutandis, of rule 12. (2) (a) In the case of river mining rights, the, portion of the stream in respect of which the application is made shall be surveyed and demarcated by means of two beacons erected abbve flood level at the upper and lowe_r boundaries respectively; Method of (b) the survey of the stream shall be by chain. and compass survey of stream, traverse and fixation of the traverse to a permanent beacon or natural feature as shall be directed by the Superintendent of Surveys; Fee for the (c) the Superintendent of Surveys ·or a surveyor approved by iurvey of stream. Government under section 6 l of the Act may charge a fee of £5 for the survey of the stream; Charges for (d) the Superintendent of Surveys or a surveyor approved by fix:ation of !UJ.r\.'e)' of Government under section 61 of the Act may, if the fixation of the stream. survey of the .stream is by theodolite, charge the rates laid down in rule 13 (4) (b). If the fixation is by chain and compass, half these rates may be charged: Ckariugnf (e) all lines necessary for the survey of the stream and fixation lines by applicai;it. thereof, if not cleared by the applicant, will be cleared by the surveyor and charged for at cost. l\ppJication (3) The provisions of n1!es 13 (4) (c) and (,), (5), (6), (7), (8),. o(rulel to minl11g (9), (lO) and (11), 14, 15 (I), (4) and (5), 16 19 and 36 shall apply, rights. mutati. mutandis, to mining rights. · (4) Beacons erected in connection with the survey of a mining right shall be as laid down in rule 5 7 ( l). 26; Reasonable charges rnay be ma<lc hy auy Govcninu·nl Ch:irw·s for rxamini;l~~ Department for examining and measuring the an~.i the subject area. uf ·an application for a mining right, an<l shall be paid by the ,tpplicant at the time of application to the ofliccr to whom the ~lpplicallon is first sent. If the applicatio1~ is H'.fuS{'d, llu~ charges thv.s paid shall not be reli.mdcd to the applicant.

27. If the l\liinister approves of the grant of a mining rightJ the Pow1;r 10 applicant shaU erect, and during lhe continuance of the right :ti:n of mainta-in, temporary beacons at the upper and lower extremities of bearons. the length of the stream covered by the mining right: Provided thatJ when prior permission to mine has been granted or the title issued, the number in the office of tl1e Inspector of Mines of the application or title shall be painted on a board or metal plate attached to the beacon post, together with the date when prior permission to mine was granted or the title issued, preceded by the letters P.P.M. or M.R. according to whether mining is authorised by prior permission or· title. PART VI.-MrntNG LEASES 28, Mining leases .may be of such different kinds as may be Different kinds of min- hereafter prescribed by rules. ing leases.

29. The area ol every mming lease shall be as may be hereafter Arcao lea=. prescribed by rules or, if not so prescribed, as may be specified in the Jcase,

30. The area. of a. mining lease other than a lease granted in Shape of area. respect of an area previously the subject of a mining right shall be cither- (a) rectangular, in which case the width of the rectangle shall not be less than two hundred yards or one-third of its length, whichever is the shorter; or (6) a polygon of not less than four nor more than ten sides, in which case no point on a given side shall be less than two hundred yards distant from any other non-adjacent side: Provided that, whl'11 it is ,ksin-c.l that a boundary should be r11;1(k to couform \Vilh tlw ho11111L,rv 111 annllwr ;11ca, lfic Supcr- i1tl1·1Hknt of Survey:-. m:ty, l11 hl:,; tli:.1·11·1i.111, .illt>w ;1 tlep;trtnn.· l'rorn 1lw.,(' provisioru.

31. AIJ mining lc;tscs sJiall lu.· d<.·cmcd to lw limwclcd l>y vcrtfcal planl!s from the surfacl' houndary tinc·s draw11 downwards to an unlimited depth from the surface. R<.".1\l, 32. The lessee of a mining lease shall pay rent at such rate as may be specified in the lease. Minerals 33. A mining lease shall confer upon the lessee the right to mine which may be tll.ined and dispose of the minerals specified therein: under lease. Provided that the Minister may in the case ot any lease permit th~ lessee to mine and dispose of any· minc·rals found on the area of lease. Such permission shall be endorsed on the lease. form: or 34. A mining lease shall be in the Form IV in the first schedule lease, Form IV. hereto or as near thereto as circumstances permit: Provided that the lease shall contain such covenants and conditions as the Minister may direct. Asiignmcnt 35. An assignment of a mining lease shall be in the Form V .ind surren- der orJease. and the surrcnclcr thereof in the Form VI in the first schedule forms V hereto or as near thereto as circumstances permit. and VL 'J"rihuting: 36. It shall be JawJuJ Jor the lnspector of Mines, whenever in may be wohibi.ted. his opinion it may be necessary to secure safe or economic mining of an area covered by any lease, to prohibit that form of mining which is of an indiscriminate nature wherein the miner I who is paid ac.. cording to the quantity or quality·of the mineral won by him, may choose his own working pl Nnn-rcfldent 37. The lessee of a mining lease who 1s 11u1. n;;1:1.1ucu1. 111 .1.n... tO \:et-p k.-:k..'t' Gamhia and in charge of the mining operations on the area of his :i. r~i1h;.t agcot, lease sh:tll at all times have a responsible and qualified agent 1t•siclc11t fo Tl1c Gam/,ia :rn<l i11 charge of /,is mittiug opcr:itio11s, ,lll<l shall forthwith uotify the lnspt•t.'.lor.or i\lim~s of nrt•ry appoi11l- \\\\'nt ,\tH.\ dungc in tht· appoi.utmc11l ol' :H1d1 agcu\. 36-. tkforc. an application is ma.de for a .mining l1·c1sr the applicant An-a lo fp• bc.11:un,:d ~h.1ll mark out the area over which lJc desires a k:tsc in the manner l,cforc prescribed in rule 9. .nv1,1icati(1n. 39, ( l) Any person desiring lo obtain a mining lease shall follow Application for a mining the procedure laid down regarding the application for an excJusive tea...e. prospecting licence, and the application therefor shall be dealt with and, subject to paragraph (2) of this rule, the survey made in ac- cordance with the provisions of rules 12, 13, paragraphs (l) to (11), and 14. Applications shall be mane m quactrupucate in the Form X in App1ica.ti:oll to bc,iu quad- the first schedule hereto and shall give the particulars therein re- ruplicate. quired and shall be accompanied by a plan in quadruplicate on PJan to accompany one of the scales prescribed in paragraph (2) of this rule, and shall application. give the information concerning the area applied for in the same Form X. manner as laid d?wn in rule 10 (3). (2) The plan made by the surveyor shall show, in addition to the details laid down in rule 13 (3), all topographical features in the area enclosed by the boundaries, and the scale of such plan shall be l :6,250 (3) Rule 15 (l ), (4) and (5), mutatis mi,tandis, shall apply to mining Jeascs.

40. (!) Notwithstanding anything in these rules to the contrary, Spcci~I . wh en appI.1cat10n . .is rna d e r,or an a11uvrn ' I . . mnung P"'"'"°"''" Iease and t h e regard.to Inspector of Mines is of opinion that the configuration of the area application< , of th e propos.ed lease warrants a mo dification o_f the method ·of for alt.uvial leases.· application and survey as provided by niles 38 and 39, then- (a) the streams lying within the area of the proposed lease shall be beaconed by the applicant in such manner as the Inspector of Mines shall direct: (6) application shall be made in quadruplicate in such form as may be required by the Inspector of Mines; (c) such application shaU b~ :tccomp1111~cd by a plan in quad- ruplicate drawn to scafo of J : H,?.50, whkh shall show the. outline of the boundary of tlw prupo:,wd h:;t:'it: with the mag- netic bearing ~tnd length of c.ich .-;itlc awl in addition the . details required by rule 24 ('.l); (d) the survey shaU J>e caf'ricd ow· iu .accol'dancc wfrh the provisions of rule 25 (2) except the proviso thereto. (2) Should the Inspector of Mines at any time thereafter consider it necessary or desirable that the boundary or any part therof should be demarcated on the ground, he may direct that such boundary or part thereof shall be cut, surveyed and demarcated at the cost of the lessee, and in respect of such cutting, survey and demarcation the provisions of rule 13, mutatis mutandis, shall apply, and in addition to the charges prescribed by the said rule, charges in accordance with rule 4 l (c) sJ,aJI be payable. 41, The following charges will be made by the Survey Depart- ment and may be made by a surveyor approved by the Minister under section 61 of the Act- (a) a preliminary fee not exceeding five pounds will be charged for each separate theodolite survey, except in the case of two or more adjoining sµrveys for the same person at the same time, when only one fee will be charged; (b) rule 13 (4) (<), (d) and(•) shall apply to mining leases; (e) charges not exceeding the following will be made for the survey- 5 acres to OvC\" 50 acres Over 100 &crd Ovct 200&Cl'Cl 50 acres 10 100 acres to200ac= to 300 acres {;. 10 fs fo Ov« 300 0,\.-r 4-00 Ov~ 500 Ov«600 0-vtt 700. ac~to· . ac=to acre, co aero to acres to 100 ...... 500 B(ttl 600 acies 700 acres 800acrc, £ fo £ {; 40 60 fo 80 Each of these maximum charges if subject to an increase of a certain percentage in respect of the chan.1ct.cr of the country as 1(1111.JWS--- TIJick grass or patches of sm'all trees 10 per ccul Light forest 10 ,, ,, Heavy forest : .. 25 >> H Scrub or mangrove 50 ,, ,, Scrub with heavy timber 80 ,, ,, 42; Rules 13 (5) and (7) and 16, mutatis m,1/andis, shall apply o£Rulc:i Application to a mining lease. 13 (5) and (7) and 16 to mining lease. 43,( l) Before the expiration of the first s,x months of a mining The =~m, • off of land lease the lessee shall mark off with temporary beacons such parts over whic:h of the land included within the area of his lease as he may desire d 1.,,,.,. immediately to use or occupy for any purpose in coiinection with ~1:ciM;to his milling operations, and shall when required 'bY the officer surface rights. appointed on that behalf show such officer the area of land. so marked. Such officer shall cause the lands marked off as aforesaid to be measured and' shall inform the lessee as to the rent which is payable by him under section 35 of the Act in respect of such land, and shall notify the Commissioner of the amount so payable. (2) The mining lessee shall not use or occupy for any purpose in connection with his mining operations any land other than that marked off and measured by the appointed officer without first notifying the Commissioner of the extent of the land and the purpose for which he desires to use or occupy the same and the date from which he will use or occupy the same and pay rent therefor. (3) The rent payable by the lessee of a mining lease under section 35 of the Act shall be paid at the office of the Commissioner or to the Accountant-General. (4) The holder of a mining lease shall not demand or receive any rent from any person residing on or Qccupying any portion of the area of such mining lease. PART Vll. 'l'1'.Nm1,1t:. 1;0R l•:xt:1.,,s1v1-: Pnos1•1•:1:T1Nc; Lu:1mc1-:s, A,ft;,.:1Nn lf1mrrs ANU 1-11NIN<: LJ~N;K-.; 1r-i R1,·sp1,·cT OF ARt.:As IN A 'J'RAC:T tW ),,\Nil IN \,\11111:11 ,\NY /\'111-:1-.1-:,\I. lfA," llEEN Dzscov1-:1rnu uv ( :ov1-:ur~~nN·1 Tt:11Urn for 44. (I) \Vhcrc in any l!'act of laud any mim:rnl has been, or may Jirrnc...~. rights and hereafter be, discovered hy any person searching for minerals on kas<'s in behalf of the Government, the Minister may, if he thinks fit, cause r,,;spect of land in tl,e whole qr any pai·t of such tract ol" land to be divided up into which any areas of such sizes (whether equal or uncqu◄\l) and shapes as .would mineral has been allow of the·grant in respect of them uf exclusive prospecting licences, Ui.scovered by mining rights or mining leases, according as the Minister may GQvemment. specify. (2) The Minister may thereupon invite any person, .or such persons as he may select (being in either case persons qualified to apply for the grant of an exclusive prospecting licence, mining right or mining lease, as the case may be), severally to state ~bat financial consideration of a kind which the Minister shall specify they are prepared to pay to the Government in consideration of the grant of an exclusive prospecting licence, a mining right or a ~ining lease (according as such invitation shall specify) in respect of any such area. (3) Any financial consideration so tendered shall be deemed to be in addition to any fees, rents, royalt_ies or other payrp.ents required by the Act or any rules made thereunder and in force fot the time being. (4) The Minister shall· be under no obligation to grant an exclusive prOspccting licence, mining right or mining lease in respect of any such area to the person whose tender is the highest, and may grant such a licence, right or lease to a person who makes no tender; and nothing in this rule contained shall in anywise fetter the absolute discretion of the Minister to grant or to withhold the grant of such a licence, right or lease as he may think fit. (5) Any financial consideration tendered under this rule shall be paid to the Accountant-General at such time or at such times as the same may become due, (6) The Minister may revoke- (i) any exclusive prospecting licence, mining right or mining lease ~rnnlt·tl in nlnsitkration or an olfor or the paymn1t of any financial consideration within the mt·a11i11g- uf this ruh-, or ;111y rt'nnval of st.1d1 i'Xcl11siv<' pn):-.pccting licn1n·, 1niui11g 6ghl or mining- lease or of a part tht·n·of; or (iij any mining 1·iglH or mining Jcasc lyiug witl1iu the houndari<~s of such prospecting licence and sul)s1.·qucn.tly granted lt) tlH~ holder of such exclusive prospecting licence or part thereof (including any renewal), or any renewal of such mining right or mining leas_c; or (iii) any mining lease lying within the boundaries of any such mining right as is referred to in sub-paragraph (i) or sub- paragraph (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 e~ent of such financial consideration not being paid or there being any ccssati?n in the payment thereof. (7) The provisions of this rule shall be deemed to be in addition to, and not in substitution for, the rules in Parts III, V and VI of these rules. PART Vlll.-WATER RIGHTS

45. (1) vVater. may be diverted and impounded for the purpose Water rights of mining operations without a water right by the holder of a mining when required. lease or mining right or an applicant for a mining right to whom permission to mine has been granted under section 2S of the Act: Provided that the diverted water is returned to its natural channel and that the points ofintake and return of the diverted water both lie within the _area covered by the land included in the mining lease or mining right held or applied for, and that both the original watercourse between such points and the watercourse to which the water is diverted lie wholly within such area. Save as above provided, or as otherwise provided in the Act, water shall not be diverted or impounded for the purpose of mining operations except under-a water right or a provisional water right. (2) An application for a water right or a provisional water right forApplication \Vlltcr shall be made in the Form XIII in the first schedule hereto, shall give rights. the particulars therein required so far as, in the opinion of the Porm XIII. In:-pcctor of Mines is possible, ancl sl1all he se11t in quadruplicate to che Inspector of ]\.fines. (3) The application shall h<· an:Hrnp;111io1·d hy ;t plan in quad- ruplicate drawn to scale which sh;1II show I.hr po~ition of the pro- posed watercourse from lhc point of intake to llic point of entry in the lease or mining right of the applic;mt, also the site of any dam, reservoir or pumping station required. which is situated on ground not held under lease or mining right by the applicant, and an adjacent village, The scale of such plan shall be- When the total length of the water right applied for does not exceed one mile . . . I : 6,250 When the total length of the water right applied for exceeds one mile but docs not exceed five miles .. . l : 25,000 When the. total length of the water right applied for exceeds five miles l : 62,500 Form of (4) A water right shall be in the Form XIV in the first schedule water right, Form XIV. hereto. ! Beaco11s fOJ' wat.c-r rights. (5) Whenever a _water right lies partly outside the area of a mining lease or leases or mining right or rights held or applied for by the holder of the water right, such holder shall erect a per- manent beacon at every point where such water right crosses the boundary of such area. The provisions of rule 57 (I) shall apply to such permanent beacons, provided that the information given thereon shall be as follows- (i) the name of the holder _of the water right (abbreviated if necessary) ; (ii) the letters W.R. wjth the numbet allotted; (iii) the magnetic bearings and distance in feet of the adjacent beacons. Bridge,. (6) Bridges shall be constructed and maintained by the holder of a water right, at all points where his watercourse crosses roads or paths, to the satisfaction of the Inspector of Mines or the Com- missioner; Filling jo · (7) On revocation of a water right the holder shall, if so required upon frvocaiicn. by the Inspector of Mines, fill in at his own expense such part or parts of tl1e watercourse as the Inspector of Mines may direct. PART [X.-MISCELLANROUS PROVISIONS

46. (I) 11 Tailings " means all gravel, sand, slime, or other l)q11~il ul" tailings fn}r1 .~111>s1;11JcC whkh is the residue of bona fide mining opt-r,ttions. m;1..-ing OJ>t"'tu.tinn". (2) A mining lessee or the holder of a mining right, if the area covered by his Jcase or right gives access to a natural watercourse, may, within such area, deposit in the watercourse tailings from mining operations upon such area: Provided that the Minister may, by order published in the Gazette, prohibit the deposit of tailings in any watercourse, or any part thereof; or may limit the extent of such deposit in such manner as he may think fit, and in such case may prescribe the manner of disposal of tailings from mines having access thereto: ProvidCd further that no $uch order shall come into force until two months. after the date of the first publication thereof, unless the Minister shall, for special reasons stated in such order, otherwise direct: Provided further that a mining lessee or holder of a mining ofPollution water. right sh:ill not, except with the consent of the Minister, deposit in any watercourse or permit to escape from the area of his mining lease or right any chcmicaJ or other substance deleterious to animal or vegetable life. (3) When tailings are not deposited in a natural watercourse the mining lessee or the holder of the mining right may be ordered to retaiu all, or any specified class of tailings, within the area limited by his lease or mining. right, or within such other area as the Inspec- lor of Mines may direct. Non-

47. Every lessee of a mining lease and every holder ofan exclusive resident pro~pecting licence or mining right when not personally resident in lessee to The Gambia, or when the lessee or holder is a syndicate or company appoint attorney an with its head office elsewhere than in The Gambia, shall appoint resident in and at all times have an attorney resident in The Gambia with full The Cambi powers to represent the lessee or holder in all matters relating to his lease, right or licence, and shall as soon as possible after making ai,y such appointment or any change in such appointment send to the Inspector of Mines or to such officer as the Minister may direct, a copy of the power of attorney and of any document by whic!, any such power of attorney is altered.