Mining Regulations
صدر في 1931-08-05 · النص بتاريخ 2026-10-01
القانون العام والإرشادات الرسمية منشورة بوصفها أبحاثاً. ليست مشورة قانونية أو ضريبية أو مالية.
البحث نفسه مكتوب بالإنجليزية. العناوين والوسوم مترجمة؛ أما النتائج والاقتباسات فغير مترجمة.
عن هذا القانون
- اللغة
- English
- النوع
- لائحة
- المنظمة
- Amazon Cooperation Treaty Organization
- الدولة
- غيانا
- الموضوعات
- Mineral resources, Water
- الكلمات المفتاحية
- water rights, waterworks, mining, authorization/permit, exploration, concession
- الفئات
- metals-base, metals-precious, minerals-critical
أين تقرؤه
لا يوجد رابط مصدر مسجل لهذا القانون.
النص
نص القانون نفسه، مادةً مادة، كما هو محفوظ. لكل مادة رابطها.
2. Interpretation. PART I ls.st:, Qr PnosFt:CTIHG L1Ct:NCli3 ANO LoC"'-TINO 01" CI.AlMS • .3. Req~siles of application for prospecting licence,
4. Issue,; etc., of prospecting licence. S. Keeping of rei:ord of particulars relating to prospecting licences, UX·A't INli Ot-' CL,\.lM
6. Pn.,,.Pe.:iing for and localing of claim. PARrll ~iAJI. ...Jt,;G OF 801.'NOAR.U::S, ISSUE OF CLAIM LJCENCcS, .tTC, "/. Markjng out of limits of claim.
8. Rules.as to marking out of boundaries.
9. Ma.terfal for markirtg, 10, Keeping open of boundaries and penalty for ·destruction.
11. Whcni li1,;i:m:c n:rnkt'U ur claim abandoned. beacon and boards to be desuo:,ed. S1zE AND SHAPE OF CLAIM
12. Length and breadth of claim. 13, Shape·.ot claim. '.\OTICC Of LOCATION AND Af>l>LIC'ATION FOR LICENC!i 14. ti) Gl\ing Mlice of localing and application for licence. 111 ralllug u; i;hc 11uLli.;c ur Jui.:aLlon am.l application W1tll1n tne p.rcs.crlbed period and altering date or location. Minillf Jwt11la1loll.$ [Subttdia RE(HJLATION
15. Recording of notice and application.
16. Rule of decision as to first applicant.
17. Claim located by employee.
18. Publication of notice of location.
19. R..igl1l lo guh.1, etc., ublaim.nl by pruvisiomd war.king ofcluim.
20. Location null and l'Oid if not in accordance with regulations. 0DJECTJON TO IssuE OF LICENCES
2J. Making of objection to grQ.nting of olairn li«'nco ISSUE OF LICENCES 22; (I} Restrictions on issue of licence, etc. (2) Verification of clairo.
23. General rights conferred by licence. Right of way. DURATION, ETC., Of LICE_NCE 24_ Revocation of licence_
25. Duration of licence. 26 (1} Lht of claims in ex.isJence at the .end of each year. (2) List of claims on which rent has not been paid. (3) Claims deemed abandoned fot non-payrilent of rent. (4) Voluntary abandonment of claims. RENT PAYABLE IN RFSPECT OF LICENCES
27. Fees payable for licence. PART HI REWARD CLAIMS
28. (1) President may grant reward claims. (2) Oumtion of reward claims. (3) Sub-letting, etc., of reward claims. PART IV RIGHT OF CHALLENGE
29. Conditions under which claim rna.y be challenged.
30. Procedure in case of challenge. :, 1. Mines Offu:er may challenge a claim.
32. Claim forfeited open to location.
33. Successfully challenged claim forleited,
34. Failure of challenger to locate. PART V ExCLU::uvi: PLa:,113.110N3 TO t:xl'LOl\1'.: 35, President may grant exclusive permission,
36. Conditions of exclusive permissions in special cases. 37, Application for exclusive permission, B.£GULATION
38. Advertisement of application for oxclusivo permission a.nd oppo,, sition tbercto.
39. Reply to objootion. 40, Refusal of exclusive permission.
41. Issue of exclusive permission. PART V[ CoNCE.SSlONS (OTI!ER THAN A PERMISSION OR AN EXCLUSIVE RlOHT TO EX'PLORE UNOU PART V OP TH.ESE REciUUTIONS) AND l.EAsES 42, Application for concession or lease. 43, Rent )Xl.yahlo for 1;on<:esd~v-
44. Adverti£Cmtnt of application for conocssloa and opposition. lhcrcto.
45. Survey or concession. 46, On failure or appl.icant to have survey madp application shall ho abandoned.
47. Fc,rfeituro of concession or lenso and socurity,
48. President may refuse to grant concession or Jaa.50.
49. Boundaries of concession or lease. PART Vil Pul\Cff,\SC ANl> 'fM.NSFWl Of CONCESSIONS, Lwss ANO Ltc.eNcas.
50. General- right to transfer licences, ~tc. !H. Requisites of putch&c and transfer.
52. Sd.le of concession, lease or licence in execution.
53. FCC upon transfer. 54, Fae payable on transfer. PAnT VJII WAtfR R.Joms
55. Ext1.mt of claims which may be held on. water--coursc. 56, Determination of navigability of wa.ter..course, ::n. :;:ivlug; vrrtgln vr 114vii.,,1fo,111.,
58. U~ of water-course passing through or neat' claim. S9. Prohibitio1l of flooding of claim.
60. Ucence fot construction of dam, ~\<:.
61. Rules .as to construction or dam, e:te., on lands oreupiM by elaim- ho!dcr or vacant.
52. Construction· of dams, etc;. on lands not occupied by the claim• holder.
63. P(mnitting dredge to cross claim.
64. Right to use of channel, of river or cr«ik.
65. Prohibition of damage to race, cte.
66. Power to cancel licence. 61, 1.'rotoctioa. of eJaim...holdor from deposit of earth, etc. TIMBl!R RIGHTS
68. Rfaht to use trees on claim. aoouunoN 69, Removal.of tree foUed on road, etc. P,<,_1>.TiX OccuPJ.TION OP LI.ND FOR RFSIDENCll, MrLL, Etc.
70. Occupalion fonpecified purposes of land in vicinity.
71. Permission to construct railway or tramway, PARTX SutwE'ls
72. Defraying of costs of survey. to
73. Power Commissioner to direct survey. 7i. Modification of boundaries on survey.
15. Con,ce!lllion not to be granted till !lurvey is mado.
76. Survey not ncces~ary in. e1;rtain cases. 77, Area of concession. '78, Boundary ma.rks.
79. Posilion of boundary Jines. :80. Survey fees. PART XI DETm\MlNATION 01' DISl'OTllS
81. General prevision as to determination of disputes in first iri,s1ance. :sz. Making of complaint. 1!3. Filing answer; '84. Filing of reply. '85. Plaeo for filing documerits. 86i Enlarging of time for filing documents. 111; Giving notice of hearing. "60, llollrini;, 119: Proof of document. -9{), Place of s.itting, etc. '9L Power to require survey, etc.
92. Procedure at hearing. '93. Giving of (lccision. '94. Dct~mination of licences alf~ted by decisiolL '95. Enforcement of decision. '96. Right to copy of proceedings. 97., Appeal.
98. Poweno Commissioner or mines officer to order work to ceas.e,
99. Consequence of refusal or neglect to give efr¢Ct to order, ·
100. Fees. PART XU SA.NlTARY REOUUUONS 101, Provision of latrine, etc., on claim.
102. Di~po,al of refuse rpntler, 103, Removal of refuse matter, J 04. Burial of d"ad animal. REGULATION 105, Keeping land around shop, etc., clean. 106, Esiablishment of graveyards, 107, Reservation of creek for drinking water.
108. Causing. water to become conta.min.ated. \09, Drainage, etc., of land near dwellings,
110. Power of entry to abate nuisance, etc. PART XIII REC!l.lLATlON Ol' Mun:.t'.. 11 L Commissioner to declare mine. 112, Appointment of mining ma1:1ager.
113. Restrictions on employment o( women and children.
114. Regulation a~ to cml)luyuumt ur Wyb. 11 S. Limitation of working hours of person in charge of steam machinery
116. Power to authorise entry of surveyor, ere.
117. General rules to be observed in working of mine. l Ut Rl'l'.trictions. ln drivin,a nf tunnel. 119, Provisions as to keeping plan of mine.
120. Right of entry and examination.
121. Inspection and safe working of mine, etc,
122. Giving of notive as to danger or defect in mine. 113. ln'ilcstlgation of complaint made by miner.
124. Ne,g:ligence or rninins: manager, 125, Reporting or serious accident in mine.
126. Liabilitv for breach of regulations of Part XIII, PART XIV USE Of POISONOUS SUUSTANCES ON MINES
127. Use or cyanide.
128. Fencinl of poisoned water.
129. Escape of poisonous water.
130. Orinking water.
131. Carrying away of fumes. 13-2, Stc:>ring of cyanide. l33. Reg\Mer of pobmn.
134. Separate keeping of poisons,
135. Removal or poisons.
136. Cya1>ide antidote:,
137. Cleaning !}malnam. 138, Vaporiza1ion of mel"(:ury. PAarXV Ro\'At.T"'i PAYA.Ht.EON OOLD, SILVER AN'.D PR£Ctous STOSES
139. Amount of royalty on gold. and silver.
140. Amount of royalty on precious stones.
141. Royalty on other valuable minerals, etc.
142. Royalty on gold, silver and precious stones. PART XVI L1,s3r:c:. ANO TRlflUTOR8 R£GULAT10NS.
143. Sub-letting claims.
144. Permission required to be on a mining claim.
145. Applieation for mining pri\lilaae.
146. Mining privilege not to exceed 12 rnot\ths.
147. Claim~holdet to endorse mining privilege when tributor arrives.
148. Effect of endotsOJJlent of mining privilege;.
149. Tributor may work on other claim for unexpired period of mining privllege. , 150, Penalty Qu refuliin& or negkcting to endorse ruining pdvile&e. l.51. Mines Officer may endorse mining privilege.
152. J.,ist of tributors to be forwarded to mines officer. fS3, Pons.Icy on rduaing to Joavo cfo,im, 154, Officer may order any pet$Qn to bo tem1.Wed from a claim.
1SS. Penalty on not produci_ng a licence or mining privilege when requestod by officer. I56. Llconce ma.v be cancelled for breach of above re1n1latioils. PAl\T XVII EMPLOYMENT OP PERSONS.IN :tvflNINO .DtSTRJCTS 157. fower to employ labourers. JSS. (1) G«ineral rule as to rosistra.bon, @) Exception as regardii Ame_rindians.
159. Oeposit _or ~n:d may be· ·tcq\Ured. i_l\. case of cOmpaniOs: ;and ·.*o- part.nersbips.
160. Pen.alt)' 'for violating_provisions. rel_ating to tegistr_ation. 1411. *a.king Of aPplic"a,tion for; reglstrlition. I~. Renewal- of contract wi.th9'1t registration,
163. (l) Powet to refuse· registration. · ~) Raider and others may be debarrc:d from registration by coul.)llililiiunor.
164. Certificato of registration. 165, Fee payable for re&l"raiion.
166. Registration of dlscharge(i la:bou·rer.
167. I{ eeping nf r~ord .of pAfflciri§. reaiste.red.
168. Certificate of completion of contract. 'REGIS'l'Ell Of Sat'IA'ti'tS l!MPLO"i'W 169, J<i.eepinJ ·Of register of persons employed on claim. 170. f<iQc:piog of-coginc:t of trJhutor,.
171. Employment of Amerindians.
172. Payment of Amerindi1ms.
173. K~ing on. claim of book relating to wages. 17d P""nAh)' fnr f'oilur .. tn rnmjlly with r~qnlatinn<:. <l'il tn WAS"'Q
175. Wages of decea!ed employee, DUTIES OF EMPLOYERS
176. Keeping of medicine, etc., on claim. REGfJLATIONS l 77. Sending of sick scnvant to hospi1al. 178 Sen.ding down (Jf time-expir,..d servant
179. Pra<:edure in respect of death on claim.
180. Procedure in respect of death on way to or from claim. PART XVlll K1:1cr1:,,:o 01' Rt:COkO 01" COLO, VAU.lAl'IU! MtNt:ft.AL3 ANO rn.t:CtOlJ.3 Sl'ONEs.
181. Book to be kept on claim showing goki, etc,, obtain(ld,
182. Claim-•holder to keep book showing gold, etc., received from tributor. ISJ. Power or officer ,o require pr..:,duction of sold.
184. Penalty for not keeping book. etc. PART XtX COSvtYANCE Of 'Gol:o, VALUABU:' MINERALS OR. P1u:c1ous S'J'.ONES
185. Restriction as to right to convey gold, valuable minerals or precious. stones. lS6. Mode of conveylrig gold-, valuable minerals or precious st'ones. 187. ca~e ofless gold or-valuable ffiin;Crals or precious stones:: received tho.n 3l11.ted-in porm.it; fAYM(;Nr or ROYALTY ON GOLD, VALUABLE MIN[R.AL!I OJt ·fRECIOUS StOi(IES
188. D\sposa,1-_of ·gold,. t:fo,,:a,;td· assessment. o( royalty -thereon•. 1'89'. Eft"ec't or ·receipt.o_f royalty. l9Q, P'.c_rialt1/ on .pers•tri _fral)_dU!entlY.'wo~k_iltg·raW g_Qld·. 1?':f,ENT10i:: ·_QF 0()t_l;i_, :vALU:AhLE ¥1~1rR~i.S 'OR _PRECIOUS _S_roNl!f \'~i-; t·D·•~'n.tie:n.: ,;:if_s?-,1-<i_.' .v~h_•!l,hl!' rttl~'"-""Jc:.'' l"!t:''fltl"ri.f!.1•<; c:.t"i,~- .~11·<1,J"I~-'~ · · to-'be improperly''Qbl~Jned, · · i:,i.· DeliVery of gold, valUabJe mineral_S-~r {>r«:ioui;_ St'~ne~:deta.it\ed. PAaTXk .SAl,t i\r,;u l"UN.I...NJ\1)1:- Ut Q,;.,1.,1.,, V;U..UJ\tll.~.MB~CI\AL:I hl~O t'icc1ov.J Sm1>1r::i,.
193. Restriction on 11ale of gold, J ~4~: ..Restriction on purchase of gold or precJous ·HO.ne$. \95:~ 'PCrm\t \O be prod.uccd. \;eforc p;o\d., ett-., i'S·f)ll.tc~'SeO; , 196'.1 Ke8ping of bo6kll by ,Ht!ensed·tr~der· in/~Ohl Oq'Jrooious 9.tone~. 197,' Production of gold by trader,
198. Disposal. of gold, etc_.;_ elsewhere' than in Oeorgetown1 Nc-w Amsterdam or Bartic:i, ·or. in any place within ten miles of either such town or village.
199. Licensed trader to notiry:p1ace cifbµsiness and affix notice board. 200, Purchase and sales to be in.the premises-licensed. PART XXI F,'iPORT OF PR.FC'IOII'- STONES
201. Export of precious stones to be through. local bank in Georgetown unless with written pcrmis-sion of Minister. REGULATION
202. Declaring stones before export.
203. Sealing of receptacle containing precious ston·es.
204. If weight of stones wrongly declared, stones liable to forfeiture.
205. Penalty for breach of regulations. 206, Power to cancel trader's licence. PART XXJI THE AMWUNDIANS
207. General saving as to Amerindians.
208. Occupation of land bv Amerindians.
209. Protection of person lawfully occupying claim,
210. Prohibition of obtaining gold, valuable minerals or r>recious stones from Amerindian.
211. Forfeiture of gold, valuable minerals or precious stones obtained thruugll Amctimlian, , 212. ,Disposal of gold or p'recious stones obtained by:Amerindians. P.-TXXIH .M'.1,scELLANEOus l)ispqsal of fQrfeited Gold, Valuable Minerals or Precio,a Stones 'li3',· Salf,(~f·~qrf¢ited g_ol_d, Val1,1~ble rninetals: or.Prec~OuS stone~. -~AFfTY OF CLJ\l!,lS ,214. -:·Commi:!13ionor m.ny- order work tO eou3c ~-n 'j:l:tin~rous clilim;l; 2l5, Absence of.c\>,mmissioner. · ,,~tTNir!tft5Z:,itt1~:~n,..,;. MINING .REGULA'I10N$ made under s.ectfon 1'l' PRELIMINAR'V ' l,. These RegulatiOns may be cited-a.s:;th¢ Minif!_2]Reiulations. and Cit "sha11_. appJy to gold and precious stones and valuable .qlinerals and :p~ ,·punerals_..ii_nd metals, their ores and comp·oundspi,hef. tha:n'-bauxite ,and'.mip,Ol'al oil,.asphalt, coal and other substarices-bfa like nature. C1o1p. 6S:0l IO\¢[\:'fl'l\~li1m. l, In these Regulations- (Keg:. 11/19,4 "claim" means the area of State land in respect of which a con- ll/llJ.53 I of 1972) cession j:,; granted or a lease or licence is is-sued, and includes any claim located whether a collcession, lease or licence has been issued in respect thereof, or not, and includes the area of any land or water in respect of which a dredging concession or river location licence is granted; hCommissioner" means the Commissioner of Geological Surveys tmd Mines; "concession" means and includes any permission, exclusive right, concession ,:ir grant, in rnpsect of any portion of the State lands of Guyana under Part II of the Act; f'gotd" means raw gold and includes any substance or thing contain~ ing gold or of which gold forms a part whether it has been smelted or not, upon which the payment of royahy is not admitted by the Commissioner and shall include g:old won by mi1ling or dredging and gold imported into Guyana; "licence and claim 1icence" means any licence to occupy any portim, of the State lands of Guya1,a. for the purposes of mining: "river location licence" means a licence issued undet Part III of the Act in respect to any river or portion thereof; and "river location" means the area of any land or water in respect of which a river location licence is issued; "metals" includes ores or compmmds of metals: ''m.inerals" includes ort.!s or compound:- of minerals; "mining distl'ict" means any porlion of Guyana declared to be a mining district; "officer'' means and includes every district commissioner, assistant district commissioner, mines officer, officer of the Department of 0-c::ulugkal Survey, and Minca, cuatoms officer, all ranks af the Police Force, every othe< public officer or justice of the peace specially appointed by the Minister to act under thtse Regula* tions and, when specifically referred to in any particular 1cgulation, rural comtablcsj ''mines officer" means any officer appointed by the Minister for the purposes of the Act and of these Regulation~ to be mines officer of a mining district; "precious stones licence" means a licence for the purpose of mining or working for preciou$ stones only: "precious stol\ts" means rouglt and uncut precious stones only; Mining Cap. 65:01 41 Mi11{11fl RrcularioM (Subsidiary) "servant" means any person who has entered into and is subject to a contract of service, to be performed on or in respect of any claim and includes a registered labourer; "valuable minerals" means anv mineral containing gold, silver, platinum or any of the rarer metals or any c01nbinatio11 of them together with some other metal or mineral matter in such {)ro• portion that the gold, silver, platinum or rarer metal or com~ bination of them is or was of greater value than the baser metal or mineral matter in which it is or was contained. PART 1 Issui, OF PROSPECTING LICENCr:S AND LOCATJNG OF CLAIMS CL!\.lMS
3. (I) Every person who desires to prospect for the purpose of Requisi.,es locatin~ ~!aims shall. apply either pers~nally or in. writing to the ~~!Pf..1:c;;.,._ Comm1ssmner or mmes officer for a ]1cence, hereinafter called a specting prospecting licence, to do so. ~~~3/!954 3/1955 (2) The applicant shall give- t of 19'721 {a) the full name and address of each person tor whom the prospecting licence is desired; (b) the name, style or firm, if any, by which it is intended that the nrosoectine and workinu is to be carried on: (c) a permanent residential address in Guyana called a "regis'tered address" at which ~II notices and other process necessary for the purposes of these Regulations may be .served; and (d) a statement that he is not under twenty-one years of age. (3) No prospecting licence shall be issued in the name of any firm, syndicate or partnership, unless the name or names and addresses of the persons constituting such firm, syndicate or partner- ship are stated to the Commissioner or mines officer, and such persons shall, for all purposes, be subject to all the obligations imposed by these Regulations on the holders of $uch licences. (4) Where a licence is applied for in the names of more than one person, the licence shall be granted to one of such persons only for and on behalf of himself and the other persons named in the apvfo.ation. (5) The Commissioner or mines officer shall not issue a prospecting licence t-o any person known to be a minor. and if any ~uch Licence is issued to a minor it shall be null and void. 42 Cap. 65:01 Mining (6) The Commissioner or mines officer may refuse to issue a prospecting licence to any person convicted of :m offence against the c. 9ll:Ol Labour Act, or for any othcl' rca.-wn he may think fit, but where the Commissioner or mines officer refuses to issue a licence the applicant may appeal to the President whose decision shall be final. (7) lt shaU not be lawful for any person (other than a tributor) while he is employed on or in respect of a claim to apply for, receive or hold a prospecting licence except for and on behalf of his employer. (8) Subject to paragraph (9), a prospecting licence or an authority to prospect under a prospecting licence shall not be issued- (a) to any person who is the holder either in his own name or for and on behalf of himself and other persons of a valid prospecting licence; (b) to any person who is the holder of a valid authority to prospect under an existing prospecting licence. (9) Paragraph (8) shaJI not apply lo any company duly n:gis- c. 89:01 tered under the provisions of the Companies Act. {10) Any prospecting licence or authority to prospect under a prospecting licence issued contrary to paragraph (8) sha11 be nu11 and void. Issue, c1c., 4. (1) lf the application is granted the Commissioner, any officer of prospecting !icen~. of the Department of Geolo,zical Surveys and Mines appointed by !Reg. 51/19.JS the Minister for the purposes of this paragraph, or the mines officer I of 1972]. First shall, subject to regulation 3 (4), thereupon issue a prospecting licence Sct>.cdu!e. to the applicant in Form I in the First Schedule. Fann I. (2) There shall be payable in advance for the licence the sum specified in the Second Schedule. (3) The licence shall continue in force for twelve months from the date of issue. (4) It shall be lawful for the Commissioner for good cause at any time to revoke any prospecting licence, subject to an appeal to the President whose decision shal1 be final. (5) Subject to Regulation 6 (I), a prospecting licence shall entitle the person to whom it is issued to prospect and locate claims in every mining district, but under and subject to these Regulations. l 11) A pru!:ipt"i..atng 1i1.:t"n1.:t:: b~Ut'l.l tu any !)t::I MJI\ :i,l\<lll, uutc:.::, lhl; location is 1111/1 and 1'Did or he is informed by the Commissioner or mines officer that his location is disallowed or is ordered to suspend -\lining Mi11/1/lf Regulalir>11S (Subsluiar; work, be deemed to entitle and to have entitled him to work the ground located thereunder from the date of location until his applica. tion for a claim licence can be published and such licence either issued or refused: Provided th::i.t notl1ine containerl in this Regulation shall he held to make valid any location made by a person who has not previously taken out a prospecting licence,
5. (l) The CnmmissinnP.r nr mines nffir'er shall file !'Inti preserve K.,,.,pinu of the particulars . of all prospecting licences issued and on receipt of recrtord pa 1cu1ars °' any nollce of change of address shall endorse thereon the date of relating to receipt and shall file and keep s_uch notice with the particulars of the rrospecting 1 prospecting licence to which it rehite~ (~~~1:21. A certified copy of the particulars relating 'to any prospecting licence shall be given to any person demanding the same on his Second paying therefor the fee specified in the SC!;cond Schedule, Schedule. (2) The mines officer shall without delay report in writing to the Commissioner all prospecting licences issued by him and the Commissioner shall file and preserve such report. (3) A registered address shall not be changed until notice in writing of such change has been served on the Commissioner or mines officer by the person or all the persons if more than one who applied for lhe licence. (d) nf'lliv,,.,-y nf' 11ny n.-itirP ,.,,,. r-rnrP<:.<: -rPquirMl hy th.-<:t" ijP-J!II~ lations at a registered address for the time being shall have the same effect as personal service. (5) The information contained on a prospecting licence shall be prima facic evidence that such information was given by the person whose name appears on the licence. (6) The production of a copy certified by the Commissioner to be a true copy of a prospecting licence issued to any person shall be pwuf lhat U1e pro:,;pt:cting lk:em,;e wa~ i:;:-.uc,J tu llu; pe.-sun name~l therein on the date stated thereon and that the particulars therein given were furnished by the person to whom it was issued. LULAIINl.i Of- CLAIM
6. (l) A person on obtaining a prospecting licence may, personally Prospecting or by some other person who is authorised by him and who acknow. f~~i~ or ledges such authorisation, with the approval of the Commissioner, claim. any officer of the Department of Geological Survey and Mines ~~/liii611 n. appointed by the Minister for the purpose of this paragraph, or the 2/1961 mines officer in writ:ng in Form 2 in the First Schedule ,prospect for }g~ 9{ 41 and locate claims subject to regulation 37 on any of the State lands L.R.0. 1/l· 44 Cap. 65:0J Mining in Guyana provided such land hiUi nol pa:viou1ly ~u lawfully occupied or lawfully located or mesvfd by notke published in the Gazette, or is not a landing place, or a creek set aside by the mines officer for drinking purposes. or building site necessary for use by otllers or Situate Within three hundred yards of the Ianu buwwmy ur Guyana. Any location made contrary to this regulation shall be n11ll and w,id, (2) When a licence has been granted to one person for and on behalf of himself and other persons, as provided in regulation 3(4), only the pen;on authorised under such licence to act on behalf of lhe other persons named in lb& licence, or some person duly autho- rised by him in writing in Form 2 in the First Schedule, shall be entitled to enter a mining district by virtue of the licence so granted or to prospect or locate c1a.i.ms under such licence. (3) The name of the person to whom it is desired that the licence should he gmntr.d. shall be stated to the Commissioner or mines offi.cec, at the time the application for the licence js lodged. (4) Any oftker& may require any person exploring or prospect~ ing or searching the ground to produce his licence or authority so to do and it aha.U not be llOOCISGa1'}' for auoh officer to pl'ove that such person wa& searching for gold or pn:cioUJ stones. (5) A»y peroon exploring or prospecting or searching the ground (except in the case of private lands) without a licence or - autbol'it)' or rerustng or neglecting to pru«lut:e Wli liccawc u1 nutliudty wbcn required by 11ny officer shall be ply of a breach of these Regulations. PAllT ll MAR.KING OP BoUNDAIUE8, lssUE OP CU.IM UCl!NCES, IITC, M~out 7. Every person locating a claim shall, in the presence of two ollimiUol witnesses, distinctly mark 011 the ground the limits dosin,d, so that claim. the boundaries may be readily traced. Rubuto 8. All boundaries shall be marked as follows: ~ (,1;1) by a. tree or by a corner post or beacon., not ie,s than out of bouDdarica. three inches square and in the aw of a river location, nQt less Olea. IJ/1954 12Jlffl) th&u six ioclw& ill diamctor, and not less than five feet out of the ground.1 at each comer oftJio dtl.hn, and by line, &futioctlj dcllncd from corner to corn.er by a. path not less than four fccc wide, and (b) on each tree. comer post, or beacon there shall be sccurely f'aatcacd a bt,ard or other objoct. not less than nine io.ctle& by six tnches and. in the~ uf • rivar 1ucatiou, 11ut Mining Cap. 65:01 45 Mining &gulations (-] less than three feet by two feet called a location board, on which shall be plainly and permanently marked- (i) the name of the person for whom the location is made; (ii) the date or the location; (fu) the number of the prospecting licence under which the location is made; (iv) the na.mo of the crook, hill, or flat on which the location is made; and (v) within three months after the issue of the claim licence, the number and date thereof.
9. No paper or other material attached to a board or other Mawial for object which may be liable to be washed off shall be deemed a proper muklna. marking.
10. (I) Eveey.holder of a claim whether a licence has been issued K,opmg or not shall keep the boundaries of his claim distinctly marked out as ~ provided by regulation 8 aod shali keep his location boards in proper order and in default of his doing so the claim may be fr.:._ and= challenged: [I of 1972} Provided always that any person holding a group of contiguous claim11 for which a concession or lease has been grant.ed or licences have been issued shall not be bound to keep the boundaries of each claim distinctly marked as aforosaid, if the external bouodaries of the whole group are kept distinctly marked and the location boards in proper order as provided by regulations 7 and 8, (2) Every person who destroys, defaces, injures, or removes, either wholly or in part, any tree, post, beacon, location board, or other marking of a claim, whether in the exercise of any right as regards such claim or otherwise, or procures any other person to do so, shall be deemed guilty of a breach of these Regulations: Provided, however, that a person shall be at h"berty to alter the boundaries if he has the permission to do so in writing of the Com- missioner or mines officer. 11, It shall be lawful for the mines officcl'- (a) where a licence bas been revoked by the President under WMn section 31(1) of the Act; or =.i., (b) where the President has ordered ll!lder section 31(3) t':i•=, ot the Act that a licence shall not be issued; or a!cJ boards n (c) whoro notioo ot rovooo.ti.on ot a li~o. hl\a "'"°n. pub-- We.~~• lisbed in the Gazette as provided in regulation 26(3); or 11 of 10121 L.R.O. 1/191J 46 1-l (d) where a claim h.. been ahan.ru>ru,d undm regulation 16 (4); or (•) where the period for filing notice ofloi:ation has expired without a notice having been .filed; or (f) whore iu tho opinion of ilio tninos officer the ®te of location has been altol<d with intent to deftawi; ot (g) where a claim h.. been re-located without the permis- sion of the C.Ommissioner or mines officer1 to pull down, destroy or obliterate any beacons, boards or other marks erected to demarcate !f~boundaries of any c:1aim. $1ZB AN[) SHAPE OF CLAIM - Lensth and ..-...W,Q( 12.. No claim other than a river location located for the purpose of mining for gold or precious stones or valuable minerals, or [Rea- 11/1954] minerals OT metals, under a claim licence, shall be more than l,SOO feet Ion• or 800 feet wide: and no river l0<ation shall be tonger than one mile measuted along the bank of the river or creek as the case may be. ....... Shape of [ - 11/1954 a
13. The side-lines and the end-JJnes of the surface boundaries of claim shall, as far as possible, be run in parallel lines. except where l oft9'12:J. prior locations or natll1'al features proven! this being done, in which """° the ciaim shall be of ouch shape as may be approved by tho-- Commissioner or by the mines officer, subject to the approval of the Commissioner, or by a surveyor making: a survey under these Regulations. (2) The side-JJnes of a river location shall be fixed at the low water mark on each 'ballk of the river nr ereek as tno and the end•lines by straight Jines between Comer marks. ""'° may bo Nones OF UlCATION AND .Al'PUCATION RlR LICENCE -- Giviaa 14. (1) Ew,ry person who locates a claim shall within a reasonable time after such location, and in any case not more than three months """"'"' 1-and lheroafter. or in localities where tho mlnoi oftker"s oftlco is roadily tor- accessible. such shorter reasonable pmod as the Commissio~r may I-of •972) IJ/19S4 declare by notico in the Gazette, file or cause to be filed at the office of the mines officer or at the office of the Department or Geological Surveys and Mines in Georgetown, a notice in duplicate in Fann 3 or in the case of a river location, in Form 4, in the First Schedule, stating the name of the person for whom the location is made, the name of the pel'S(ln actually locating, the names of the Witnesses In whose presenco the location was made, the date of the location and such a description of the ground located and its situation as will enable the claim to be identified by the mines officer, together Mining Cap. 65:01 47 MJninG Rqulalk11u with an application in writing in Form 5 in the said Schedule for a FQtm s. licence to mine for gold or to mine for precious stones, or to mine for gold and precious stones as tbe case may be, and shall pay for filing such notice and application the fee specified in the Second Schedule Second together with the tt,e for a claim licence and if such application and SdJQd1,1W, notice be not filed as required with the amount payable, the location shall be null and void and thereafter any person may locate a claim in respect of the same land : Provided that the person whose location is annulled by this regulation shall not re-locate the c1JUJ1l without the permission in writing of the Commissioner or mines officer previously had and obtained. (2) Every person who, having located a claim- Failing to • llivc notice of (a) alters the date oflocauon on any location board; or focatlonnnd {b) without the per.mission in writing of the Commissioner or mines officer previously had and obtained, re-locates such P ~ bed ~fl1J:':~ • ""' 00 cIaim, altem'IJI:... date -shall be guilty of an offence. of I<.W.ati1:m.
15. (I) The mines officer or Commissioner on receiving such =~ notice in duplicate and application, shall mark on each of them the time wben it was received, shall file and preserve the same, and give cf of 1972). of ~::ain. t.-.. thA ~ n n filine: thP. .in~nml'!flNI. st rP.rJt,iJrl' ln thP. Ponn ~ in thP! J.'nrm t. First Schedule. · (2) The mines officer shall file in his Office one copy of the notice and shall forward tbe other, together with tbe application, by the :first vpportunlty to the vffice or the Conmtlsl:liont:r, 11.nd :shall at the aame time furnish to the Commissioner such information, if any, respecting such location and application as he may think requisite.
16. Where any dj5Pule ari1:1,W as repfWI. the pennm who .US W be, R~. Of deemed the first applicant for a licence, the person who first lawfully ::.on~Ji. locates the claim in accordance with these RJ>gulations shall be ....,. deemed the first applicant.
17. Where a person employed as described in regulation 3(7) c1aun applies for or locates a claitn by virtue of a prospecting Urence of :;r::!Y which he is the holder during such employment such application or · location lfhull be \leemod to be ma\11,;: on behalf or bl:; c;u1ploy,:;r.
18. On receiving the notice and application, the Commissioner Publk:ation shall, subject to regulation 6, cause the same to be published in the ~~: of Gazeire tor three successive Saturdays) in onlw lo a11uw or any 1 J.' () 1/IO?l 48 c.,. 65:01 MUIMV Rqalolton, opposition to the issue of a lioenoe therefor being made, in the manner hereinafter provided. Rlal" to 19. All gold or precious stones or valuable minerals or minerals .o1.~1,:-1,y ob or metals obtained by any person from any land, pending the isiue =.~ claim. of~ licenco, after locating a claim, shall be subject to the same regu- lations and shall be recorded and dealt with in all res).)C<!> as if it or -: ~ they had been obtained after the issue of a licenoe. lll. {I) Too - I>'! lho C<,mmi,>i01i0t <>t m!UC> <>ffu:tt or """""' notice of location and publication thereof shall not affect the validity --· Vok/.itllOt of the location and no tocalibn shall be deemed to be valid unless it bas been made strictly in aoc:ordance with these Regulations, ca... 2111941 l Of 1972} (2) When any loea.tion iR deemed to be null and vnid under this regulation neither the fee paid on filing the notice of location nor the amount depositx::d or paid as rent iit respect of the- location shall be rel\Jnded. ........, obja:tioo to l,Ytllnfint OBJBCJ'ION 'IO ISSUE OP LICENCES
21. (I) Any person who desires to object to the issue of a licence shall file at the office of the Commissioner his reasons of opposition otewm in writing in duplicate on or before the last &tun.lay on which the Uceot:o. application is required to be published, and shall deposit at the same time a sum of twenty-five dollars in respect of each licence to whlcli objection is made. to meet expenses other than those of the officer who decides the ease, such sum to be dealt with iUi t.uch .offlc:er may decide: Provided that where more titan one lioenoe is objected to by the same person, the Commissioner in bis discretion may reduoe the amount to be deposited in respect of the second and Ollb<eqUent licences. (2) Every such person shall be bound, within three days after s.ueh filing, to ltP.rVf! at the reeistered address of the applicant for the licence a cx,py of SQ.Ch reasons; and the procedure shall, mutatis mutandls, be in accordance with Part Xl. JssUE OF LtCENCES --· Restrictions
22. (1) If there is no opposition to the issue of a licence, or if there '""'"'or may is opposition but it is decided in favour of the applicant, a licence be issued for the land so located in Form 7 or in !he case of a rrt: li11!il41 rivet tooation. in Form 8, iD the Finst S4.lbcdulc.-. (2) Every applicant for a claim licence whoo required by the Vcri&adct4 ordaim. warden to do so shall either by himself or by some other duly Minb,g Cap. li5!01 4! Mlninl Regu/11,1/0IIS authorised person deputed by him, point out to the mines officer the JX)3.ition and boundarica of the cl.nim for which a licence- ia sought, and if such applicant fails to have such claim pointed out •nd verified within six weeks after the mines officer has notified him of bis readi~ ness to verify the location, the application for the same shall be cau~UCU aml 11 uolice tu this cff~t ~ball be µulilii;hcJ by the Com- missioner in the Gazette and thereupon the location shall be null and void and the land open to location by any person. (3) A licence shall not be issued to any person known to be a minor, and if any licence is issued to a. minor it shall be null and votd: Provided always that where the right to obtain a licence devolves by will or on intestacy to a minor, a licence may be issued to the guardian of such tninor, and such guardian shall thereupon become subject to all the obUgations imposed by these Regulations on the holder of a licence. (4) The Minister ,nay direct that a licence shall not issue to any person who has been convicted of any indictable offence, or of the larceny of gold or of any offence under the Act, or against whom any unsatisfied judgment for labourers• wages exists, or against whom any judgment or sentence for any ill~treatment or neglect of any labourer employed by him has been given, and thereupon the location shall be void, and the land open to location by any other person. (S) No lie.cnce shall be issued in the name of any firm, syndi- cate, or partners.hip, unless the name or nawes and ftddres.ses of the persons constituting such finn 1 syndicate, or partnership are stated in writing signed by such persons to the Commissioner, and such persons shall for all purposes until transfer of the licence, be subject to all the obligation impnsed by thMe re.guta.tion..<t on the holtiat'& of such licences.
23. A licence, so long as the holder thereof complies with the Act, Ococral .slu~ll, subject to it& tcrnu, confer the right to the use and ertjoym.cnt :;:..':mxt b of the surface incl,ided within the boundary lines of the claim, and """"'· ' to all veins, lodes, ledges, and deposits below such surface and of all the metals, minerllls, or precious stones covered by such licence within the vertical plan~a in which the aurfnoe bounda.rle3 lic: Provided always that, the occupotioo of all land for the purpose of Rl8hl or being worked under these Regulations shall be subject to the rli!ht of - · any person 10 pas, through or along any road or path on such land which gives access to any land beyond, to which such person detdres, and is entitled to go and to the rights of any person duly authorised to out timber or tm forest produce, also to the right of any grantee, letsee or coneessionaixe, with the appnwal of the Commissioner first L,R,0, 1/197J 50 Cap. 65:01 Mining 1$,l,,ldluJ) had and obtained in writing, to convoy across such land any rnaclul\eT)I, eq,1ipment, materia.lr;i or !l;t01'ru; required for mining pur~ posos, and to construct any road, l'llilway, tramway or cableway and to erect and maintain any pipo-line, telegraph, telephone or trans- mission line or other contrivance in such manner and on such condiclons as th• Conunisaiollel' may approve. DURATION, BTC,1 OP L1CBNCB ....... .,""'"'"'""" 24. (I) The President Dl3Y revolre a licence issued; Provided thu.t nu licenu:; shall be revoked wltH tht: boldc;:r of the licence has bJld an opportunity of being heard either personally or by COUR$Cl and showing calJ,.N\ against such revocation before the President (2) Where upon the complaint or any person who desires to obtain a licence for the same area, or any part thereof, the ntines officer certifies that the area included in any licence is not being efficiently worked and upon such certificate such licence is cancelled it shall be lawful to grant to such. complainant a licence for s:uc:h area or any part thereof.
25. Subject to the Act, every licence shall continue in force so long as the rent payable in toSpect lhereot IS regularly pa1a.
26. (I) On the third Saturday in the month of January in each year the Commissioner shall publish in the Gaze//• a list of all claims in existence on the 31st December or tnc prev1ous year. (2) On tho tblrd Saturday in the month of April in ea.ch year the Commissioner shall publish in tho Gmelte ~ fod of <::laims on which rent has not been paid up to and includins the 31st March in ---"' that year. (3) All claims on which reJlt has not been paid Utl to and """"" ,.,_ •be I including the 31st March in any year •hall be deemed to be abandontd for non-payment of rent, and the lands upon which such clalms were located shall be open to location from the 1st April next following: Provided that nothing In thill p - p h ,hall prohibit the Com- missioner from publishing any subsequent list of claims abandoned. (4) Every penon who dosires to abandon a claim shall send written notioo to the Commissioner or mines officer of bis intention to abandon sw:h daim. 'fbe Commissioner shall publish in tho Gazette a notice of every_ such abandonment for three successive Saturdays, and the land upon which ,uch claim was Jr "lted shall Min/Jt.t lutulation.r l!il11hddlary] after the expiration of one month from the date of the first publi.. cation, be open to location. RENT .PAYABLE IN RESPECT OF LICENCE'S
27. (I) There shall be payable in advance for each. lli:ence tl\e • ..,..,,."" rent specified in the Second Schedule, or any regulations for the for licence. . t 1me be"utg u1 • ,orce, " Scoond Sohodulc, (2) The Commissioner or mines officer may deiain any gold or [I of 19721 precious stones obtained from any claim in case such payment has not been made and sell the same and deduct from the proceeds of such sale the amuuut due tu thi:: Ouvc.::rmncnt for i,ucll nml. PART III Rl1wAIU) CLA!Ms l8, (l) When any PQfSvu locates in aci;;ordaucc with these Rcgu- f>mi<111m lations, one or more claims not less than ten miles. from an existing =1'Jlml working claim, and proves, to the satisfaction of the Commissioner or claims. mines officer, that such claim contains gold or silver or precious C1 of 19721 stones or valuable mlnt::rals in commercial ljUautiU.c!i, the 'P1~idcnt may grant to the holder of the prospecting lieeru:e under which the claim was located a claim licence free of any fees payable under these Regulations for such period as the President may decide, and such claim shall be known as a n::w,ud 4,1fo,im; Provided that- (a) a reward claim shall not entitle the holder thereof to exemption from the payment of any royalty payable under these Regulations: (b) not more than six reward claims sh.all be granted to = one person in the same locality. (2) Rew 14Ni 014.brui "hn.11 Ntmn.in i11 io,1c:isi.tP.nl'.r. «n lnne: as they numtion of are worked to the satisfaction of the Commissioner or mines officer by the grantee or his lessee. · (3) Reward claims may be sub,.let or transferred in accordance Sub-lettins, with these Regula.tiOJ\S but When a reward claim is transferted it ~ shall cease to be known as such and shall beoome liable for annual claims. licence fees from the date of transfer. PAllTIV RloHr OF CHALWNGE
29. If a claim is left unworked for a period of one year. or if the Con.ditioiu boundary lines are not kept reasonably clear and the boundary :1: ,:~:!c marks erected and marked in accordance: with these Regulations for a. i:hall,rnp,i, period of six months in any one year, or if the atea located is greater tl\an that allov ' by these Regulations, any holder of a prospeeting L.R.0. J/197:J 52 Cap. 65:01 Mining licence may challenge the right of the.holder of the claim to continue in occupation thereof_ 3(1. (I) Such challenge shall be mad< in writing setting out pre• cisely the grounds on which it i& baaed and shall be lodged in dupli- •k. with tho Commi.GGionoa- or miaott offloor with 4 6.llog f111l> ot fin)' cents and a deposit of twenty-five dollon for each claim challenged to cover the cost of inspection by the Commissioner or mines officer or other officer thereto dollliled by the Commissioner or mines offi1Xor ot Ally otru,\,t" go;)t.) i n ~ by Oo-v-onunottt Apo.:tt f'r.om. tho costs in the case and a copy tl!£roof sbllll be served by the challenger on the claim-holder in the manner laid down in these regulations for filing complaints and the procedure thereafter ,hall. mutotls muuzndl1t1 b¢ that pteseribed in Piu-t XI for tho hearihg of oOmplaints. (2) H, upon the facts, it appc..-s to the satisfaction of the Commissioner, minea otlicer or other officer appointod that there has beco on the part of the claim-holder a bonu-f'uie au.mpt to work the claim or to comply with the regulations as lo the marking of boun- daries, as the case may be, and that the 110n-obsorvance of the fo!Dllllities of those reglllations is not of a cha....iet calculat<>d to mislead other pcnon, desiring to locate claims in the vicinity, or that the ex:cess in size is small and that there was no intention to deceive or defraud on the part of the locator the Commissioner, mines officer or other offioer may hold that the failure on the part of the claim- holder to work or to observe the regulations as aforesaid shall not be deemed to have invalidated his holding and the Com.m.isstoner, mines officer or other officer~rnay grant time not exceeding six months to the claim-holdet to reotify his omission or reduce the size of the claim. (3) If the claim•boldcr fails to teClify his omission or reduce the siu of the claim within the time pilled to him to do so, or if on the facts it appears to the satisfaction of the Commissioner, mines offi(!I01' or other officer that f'ailme to lll(lrk the c1aim or M keep the boundary lines clear and marked is due lo wilful neglect or is calcu- lat,d to mislead othtn desiring to locate claims in the 'liciniey, the C.Ommissioner, warden or other officer shall declare the claim forfeit, n.nd if notioe t>f appeal is not: giwn a.ad rec(l8Jtisan.c.e entered into in the manner and withio the periods laid down by the Act may permit the challenger to IOQltc Ibo claim. (4) H any chllllcnger, prior to the detcnnination by the Com• missioner, mines Qffi• or other officer of the matter Ul quc,stfon- (a) enters upon the challenged claim for anv purpose whatever; or JVJ,nmg Mini"8 Regulalfons (b) does any act which interferes with the working of the challenlltld claim. he shall be guilty of an offence and shall ipso facto forfeit his right to challenge the said claim.
31. Any mines officer may challenge the right of a holder of a Mines officer claim to remain in occupation thereof on the grounds laid down ::':~llcnge in regulation 29 and the procedure shall be the same as in the case of u ori~121 a challenge by the holder of a prospecting licence except that the matter shall be heard by the Commissioner in Georgetown or by an officer appointed by the Commissioner, 32, In the event of a claim being declared forfeit as a result of a Cta"!l challenge by a mines officer the claim shall, after the period allowed t~~:1 for appeal and if no appeal is lodged, be open to location by any looatlon. holder of a prospeeting licence on the Commissioner so notifying in ft of 19721 the Gazette,
33. If the occupation of a claim is successfully challenged the Successfully licence under which such claim was held and occupied shall become :1~~ absolutely forl'eited and the Commissioner shall so advertise in the teifed. Gazette, together with the name of the challenger. 34. lf the SUOCCS$fi,tl challenger fails to locate the claim and to file Failu~ or location papers and pay the fees within two months of his being foha~n:':r gr11J1ted pennission to do so then the forfeited claim shalt be open to · location by any holder of a prospecting Hcence. PARTY I!XCLUSIVB l'sRMISSIONS 10 I!xPLoRB
35. (I) Under section 13 (I) and (2) of the Act, the President may p.,.;<1,n1 issue an exclusive permission to occupy temporarily any unoccupied =:t 'f"°'r St.ate land and during such period to explore for the purpose of pe~n, testing the v2lue 1:heN-of. (Reg. 9/1966A,] (2) Such permission shall not confer the right to work the area for profit or to give out any portion thereof to lessees or to tributors. (3) The terms and conditions of such penrussion shall ordi- narily be as hereunder set out, but the President may if he think fit in a particular case vary the terms and conditions in such manner as he may consider expedient: (a) The permission shall not be granted for a longer period than three years on the first instance. Renewals or extensions thereafte• iall be for not longer than one year at a time. L.R.O. J/1973 54 Cap. 65:01 Mining (b) The area shall in no case be less than 500 acres, to be defined by natural features where practicable, or as pre.. scribed by regulations 1, 8 and 9 as to the marking or t1oun- darie11. (c) An annual rent of ten cents per acre shall be payable during the fuat three ycu.ra a pctmisGion io in foNO, Jf tho perml,sion Is .-.newed or extended the rent payablo shall be increased to twenty cents per acre or the fourth year and to twenty-five cents per acre for any and every year after the fourth yc;;.-r, The fi.rat instalrn~nt of th~ annual rent shall ho payable in resepct of &lw period intervening between the date on which the applicant is notified of the approval of hls appli• cation and the 30th June or 31st December next following as th~ Wl:K. m.s1 LA., Q.lld tb~~klr tho t'Ont oholl ho PA)'Qb)o io two equal instalments half yearly in advance on the 2nd January and the 1st July, and the permission shall remain in force only so long as the rent is in arrear. (d) All mining claims previously located within the boundaries of such area shall be excluded from a permission and the ex.tent of such claims from the acreage for which rent is payable. (e) The holder of an exdusive permission may from time to time abandon. any part or parts of the area. held under such permission, provided that he demarcates such part or parts (')n the ground and deposits the eiitimated oott of inspec,. tion and when the area to be abandoned has been ascertained by tlu: inspecting officer no l\lrther rent shall be payable in respect thereof and any ditl'e.-.nce between the amount deposited and tho actual ~Qi;t of inspection shall be refunded to the holder or paid by him as the case may be, (f} During the continuance of an eKclusivc pennisaion to occupy and e,plore, the holder shall be at liberty 10 mark off in the manner laid down by these regulations such areas as be may desire to have the right of .working for profit and a con.. Ct:$fon or lease for working the same may be gi'ICn to him under Patt II of the Act, or he may locate claims within the area in the manner set out in these Regulations and he shall be entitled to an abatement of rent under the exclusive per- mission in respect of the area so taken up under concession lease or licence. (g) Such portions of the area held under an exclusive permission as shall be abandoned by tho ho' , or not AlinlNfi lJap. (II~ iU.1. JJ {-eyJ allocate,ct t~ him ~ a ~ g concession or claim licence at the expl!'ati?n of his exclus1ve permission, shall become open for application and location by others.
36. (I) In special cases where properly organ.ised geological aud Condi11om of mineralogical surveys or diamond drilling or other tests of a scientific C1:Cl~iv~ ' 1 nature mvo or tech ruca ' . cons1"derab le outlay are to be under- m 1vmg pemu$$com special taken, the information and results obtained from which would be (:UC:;, ndvantngeow to Guyana and tho applioonto lltO prcpn.rcd to ~4n• tee an annual expenditure thereon to an amount approved by the Minister, the Minister may in consideration of such expenditure and of all information and results obtained being furnished to the Oovc;mmc::nt at times to be agreed upon together with ma.p:t to a suitable scale, waive or reduce the rent ordhlarily payable. (2) Such guaranteed annual expenditure shall not be less than the amount of rent waived or reduced unless the Minister is satisfied that a smaller expenditure may be accepted in consideration of the value to Guyana of the work contemplated.
37. (1) Every application fot such an exclmive penni11;sion shaU Applicatii?ll,'S be in writing signed by the applicant and shall be addressed to the Commissioner for transmission to the President. ·[Rte, 17/19461 =::::.." (2) The application shall state the name and nationality of the person for whuire bc:ucfit the exclusive pcnnisaion ia 3ought to be obtained, whether such· person is the actual applicant or not, and the tenn for which such exclusive permission is desired. and shall set out an address in Guyana called a 0 Registered Address" at which all notices and other proi;;c;;<;s nccc11sary for the purposen of theoo Rog- ulations may be served. (3) The application shall contain a description of the portion of the land, river or creek to which it relates, setting forth as far as possible its situation, extent and boundaries and the applicant shall also,· if called upon to do so, furnish such further information or particulars in support of the application as may be required by the President. (4) The area applied for shall not be less than five hundred acres and shall be defined by natural features where pra<:ticabte or as prescribed by regulations 7 and 8. (.S) The, a.ppliea.nt eh,ill, ou. 6.line hlr.: !ll"f'lir:ation. J'llY tn the Commissioner the sum of ten dollars, and the portion of the land, river or creek to which the application relates shall thereupon not be open to location by any person and not be the subject of any other l4}JtJli!,;A\.iou tor oxolUGiv• J)l)ffl:Wu;iion • L.ItO. 1/1913 56 Cap. 65:01 Mining Provided that when: the President refuses the application the bcrelnbefore mentioned restrictions shall cease on the publication in the Gazene by the Commissioner of a notice of such refusal. (~) t:very appuc,,nt tor an exctll$1ve permJsston snau on lleul8 infotmed by the Coromlssioner that his application has been approved by 1he Pre,ident pay to the Commissioner the fltst instal- ment of the annual rent in respect of the period intervening between the date on which the appltcant ts Mtlh.00. ag at0~«1 an<t the 30th June or 31st December next foUowing as the case maybe and if such instalment of rent is not paid 1l'itllin one·montb of such notification the application may be dcclaredabandoned by the C-ommissionor by notice in tM <i~ette. Ad- 311. (I) Before any exclusive permission is granted the Com• f •=.eroo 01issioner shall publish a notice of the intention to grants\lCh exclusive ~oou permission in the Gaz,tte for three suocessivc Saturda~ . ...i.,...,..., thereto, 1 • (~) Any person who claims ••· •· •·· - t w. UM any '"'"' . ~~t or mterest llloa. "1 9441 in respect of the area to be granted which will be injuriously affected by tho grAOt of o.n cxolusivo permission mo.y, within t'wimty-ono day& al'tor publication of the first advertisement, lodge with the Com• missioner a petition to the Pmident objecting to the grant of the permission. (3) Every petition shall •1llte shortly the grounds of objection to the grant or a pennission and shall set out the •ddtess of the petitioner. (4} Tht.: petitionec shall loda;t with hit grounds of objcct,ia.q a statutory declaration containing the material facts on which he relie.'1 in support of bis grounds of objection. (S) The petitioner shall, within two days after lodging the petition and statutory declaration, deliver a copy thereof at the registered addreos of the applicant. &_i=ply w 39. The applicant may. withirl fourteen days aft"r delivery of the obp:a:ion. petition, lodge with the Commissioner- (•) an answer to the petition stating Bhortly the grounds on which he relies; and (b) a statutory dec!Aralion setting forth the malel"illl faclS ln support of such ground&. The applicant shall, within two days aftor lodging 1bc grounds and ttatutn-t}' decl,u-ation aforesaid. deliver a copy tber · at the addteso given by the petitioner in his petition and addresacd to him. Mining Cap. 65:0t Mining RelJulalWns 40: 1! a~ opposition is entered and the President is of opinion Refusal of that It 1s wttl founded, the application shall be refused. excl~ivc pernussfon.
41. If no opposition is entered or any opposition entered is not in Issue of the opinio17 o_f the Pr~i<ient well found_ed, the President may direct cxci~S:i the Comm.1ss10ner to issue such exclusive permission on the terms pemu on. and c.ondition.s laid down by the Pr06idcnt and publitihed in the Gazette. PART VI CONCESSIONS (OTHER nlAN A PBRMlSSION OR AN BXCLUSIVE .RIGHT TO EXPLORE UNDER PART V AND L]WliiS)
42. (I) Every application for a concession or lease shall be in Application writing signed by the applicant and shall be addressed to the Com- fori:ru:ession missioner for transmission to the President. or sc. (2) The application shall state the name and nationality of the person for whose benefit the concession or lease is sought ta be obtained, whether such person is the actual applicant or not, the tcnn or years fur which the concosMon or lcil$e is dcsir¢d, the number and date of the prospecting licence held by the applicant and his registered address. (3) The application shall also contain a description of the land, river or creek to which it relates, setting forth as far as possible its situation~ extent and boundaries, and the applicant shall also, if called upon to do so, furnish such further infonnation as may be required by the President for the purpose of determining whether any valid reason exists why a concession or tease snoma not De granted. (4) The boundaries of every concession or lease applied for shall be defined by natural features or in accordance with Part II. (5) The applicant shall, on filing his application, pay to the Commissioner the sum of ten dollars. (6) Every applicant for a concession or lease shall, on being informed by the Onqmissiom::c that his Applico.tion. has been approved by the President, pay to the Commissioner the first year's rent in advance, from th~ date of approval and if such rent is not paid within three months of such notification the application may be declared abandonl:U by the ColDIUi$sioncr by notico in the Gazette for three successive Saturdays and the land referred to therein sbaJJ thereupon be open to location by any person.
43. (I) Where the conccssiuu or lease i~ to mine for gold, silvor r;,;nt payable and valuable m' :als the rent payable shall be at the rate of twenty "'"""'""'· cents per acre per annwn ' (27/7/19l8 34/1953] r • n lltr.11'1 Cap. 65:01 MOltng !Soholdlu'JJ (2) Where the concession nJ' Jeage iii- to rnlnc ror pre~in•1i;: stones, the rent payable shllll be at the rate of twenty cents per acre per annum. (3) Where the concession or lease is to mine for gold, silver, valuu.blc miu,:ah wui prc(,iom &ton0$ tru:, rent: payable ahall bo at the rate of forty cents per acre p,r annwn. (4) Where the concession or 1.... is to dredge for gold, silver and valuable minerals the ront payable shall be at the rate of ten cents per 8.CCe per annum. (5) Where the concessiQJI or lease is to dredge for gold, silver, valuable minerals and precious stones the rent payable shall be at the rate of twenty cents "Per acre per annum. (6) Where the concession or lease is to mine or dredge for minerals the rent payable slla1I be at the rate of twenty cents per a.ore per annum. rA•g~J" ~ d - • 44. (1) Befon, any ooncession or sball publish notioe oppoli3:i of intention the a is granted the Commissioner lease Gazette for thn,e successive Saturdays in the grant such concmion or lease and the area 00 fh.,....1,. oom.pffi94 with.in AA llpplii'.-ntion l'!h~U ~ dMmed tn hA la.wf'ull;y occupied from the date of such notice. (2) Any pemon who claims that he has any right or interest in respect of the area to be granted which will be iojuriously affected by l'b.t: 15uutl ut ou.,,;h ~u~oion or ll.OIK< ll\Q.'ti within tww\ty-oru.i day:, after publication of the full advertisetllent, lodge with th• Com- missioner a petition to the President objecting to the grant of a concession or lease and tho procedure shall, mulalis mu/and/$, be in ~n:lanw with 1'1;:igalations 38 to 41 (inclusive). Survey or 45. If no opposition is entered or any opposition entered is not in OOJlCC$5j()t1,. the opinion of tho President well founded, and the Co111111issioner n:::vucts tbat a. &\U'Vey is nQOeaaary~ tho Presidont OUlY po.rmit such survey to be OUlde by any duly qualified surveyor or may order such survey tn be OUlde by a surveyor of the Department of Gcological Surveys and Mines on the esmnated cost of survey being deposited willt the Commiasioncr aa provided in rcsula.tion 80. On failure Qf
46. If any applicant after being requited by the Conunissioner- applieatlt to (a) tn have such portion of land, riVtr or oreek as is awlied biive ::iWVG,' dlldo ;,,ppli- for surveyed by a duly qualified surveyor; or cation shll1J (b) to deposit the estimated cost of survey, be abandoned, fails for thn,e months to have the necessary survey co111n1<. ;d or to deposit tho octimated cost of survey, his fl['f'lication 11hall be demned Mining Cap. 65:-01 59 Mlnine Reguftltirm., to be abandoned and all fees paid in connection therewith shall be forfeited, and any other application may be proceeded with as if such application. h~d ne~er been made and notice shall be published by the Comrn1ss1oner .m the Gazelle to the ettect that the application has been abandoned,
47. If the holder fails to comply with any of the conditions of his 1-nri'elture r 0 concesston or lease or of these Regulations applicable thereto the conceSSioQ (Ir President may cancel the same, and thereupon all the rights there- under of the holder and all persons claiming under him shall cease =ri:.d and determine and any moneys deposited as aforesaid shall be forfeited and any moneys secured by any bond shall forthwith become due and payable and the holder shall forthwith peaceably surrender the concession or lease to the Commissioner. Pmidmt may muse:
48. The President may in any case and at any stage refuse to grant to srant a concession or lease. ,..... concession or 49, The boundaries of a wncession or lease shall be, benealb tlte Boundaries surface, the vertical planes in which the surface boundaries lie. or concession of lease. PART VII PURCHASE AND TRANSJ'liK u1<· CCINCBSSIONS, LBAtH!S ANP LICl!NCE.'5 SO. (1) The holder of a concession, lease or licence shall be General entitled to transfer his rights thereunder, either wholly or in part, to riaht.,ro · he manner heretna1ter any ot her person mt · , prov1'dd e • trans,er licence$, etc. (2) On receiving notice of any intended transfer in Fornt 9 in Form 9. the First Schedule, the Comn1issioner shall cause the same to be published in the Gazette for tltree successive Saturdays in order to allow of any opposition lu :such transfer being entered as hereinafter provided. (3) Every person desiring to object to such transfer on the ground that he has any right, interest or title in or to the concession, lease or licence about to be transferred shall proceed in the manner provided by regulation 21 as to obiections to the issuing of liceru::es. (4) Nothing in these Regulations shall be construed to give the holder of any concesduu u1 l11;~sc containing any Condition forbidding or limiting the right of transfer, any right to transfer in contravention of such condition.
51. (I) If n(I ;position is entered to an intended transter or any Requis.i~ Qf pw-cltase and opposition entered is removed, the Commissioner shall record the transfer. 0 Cap. 65:01 tta.nsfet .and shall noto on the concession, le,u:e ot licence the fact of such transfer. (2) Every transferee shall give in writing to the Commissioner a permanent midential address in Guyana to be called a "Registered Adctress" at Which au notices or other process may bt:I secvcd. -- ,ale ()( OOI],~ .,1~in :lOC'lltion.
52. On the sale at execution of the holder's rights under a con- cession, 1.... or liccn<:c the purchaser shall, &ubjoct to regulation ~4) ana. on pr0<1uctton to the commlsstonDr of a wpy ut t1w Conditions of Sak: signed by the Registrar of Deed&, or a bailiff as the """' may be, with a certifulat.l\ that the purchase money has boon paid, be enti.tled on payment of tlie prescribed fee to have an entry ma® in the Register of concessions, leasc;s and licences ot sl.llili sale and purchase and also to recei't'c from the Commbsioner a Certifk:ate of Transfer in Form 10 in the first schedule to these resu]ations, and such certificate duly signed by the Commissioner shall be evidence in all courts or Jaw of the tmn.Sfer to the purclwer at exwution irate of the conces.sion, lea.so Ot licente therin mentiootd.
53. The fee payable to the Cominissioner for maldng the entry and giving the Certificate of Transfer mentioned lo. the la.st p r ~ regulation shall be the same as for filing notice of a transfer.
54. There shall be payable in advance on ewry notice ofa transfer the fee speollled in the 5coon4 Schedule. PAll.TVIII WATBA R.rom-s :JI.lent of 55. A person Dl&Y hold at tbe same time on any water-courac lairns which wbicll is not pavigable, claims extending from the point where such .., be .... u-- ....... water..coursc ceases to be navigable to its source. No claim other than a dredging concession or river location shall include the bed of &..,. U/19541 a navigable river or water-course. ............ 56. whatqUllltion awbethor ,r uviphility and at The a water-couno is or is not navigable, water-oourse ;. or is point not oaviga.b\e shall be ............. ' I of 19721 determined by the mines olll=- or Commusioner. .avLl!I of SI. No person holding a claim on either bank of a navigable ipt of ~vip.t«)l'J, water-course shall prevent free navigation and passage thereon. .......... JiJC ofwat« ~-
58. (I) Where any water-course passes through or adjacent to any claim tho use or the water passing through or alon~ same_ sba.11 be subject to any Regulations whloll may be fot the IUDO being tn I uf 19721 roree. JV.«Ullll,N (2) Every holder of a claim shall be entitled to the tree use of water naturally fiowing through or past his claim, and not already lawfully appropriated in such manner as may, in the orinion of the Commissioner or of the mines otlicer, subject to the approval of the Commissioner, be neces.sa.ry for the proper working thereof.
59. (1) No person shall back the water of any river, creek or Prohibition water~urse upon any claim or cause any claim to be flooded, either 0 ~ ~1~ D wilfully or by ncgl.oot through the construction of any Jam or stop- or 19721 off, or in any other way. (2) In addition to any penalty for a breach of thJs regulation, any person who backs any river, creek or water--course so as _to obstruct or cause damage to any road, railway, trail or other mcau.s of access necessarily used by others, shall be liable for such damages as may be assessed by the Commissioner or for the provision of alter• native means of acc.ess to the satisfaction of the Commissioner or mines offic.er.
60. The Minister may grant to any person a licence, with suc:h Licence f~r tenns and conditions as he may thlnk proper- ~::, ' (a) to Construct and use any dam, reservoir oJ' w1nt:l'-cacc, or lay down pipes for the conveyance of water or erect any wire or land cable for the purpose of conveying electricity and to erect and use pumping or other machinery in con- nection therewith, through or upon any State laJlds (whether or not the land is held under a licence, lease or concession) for the purpose of working any claim; and (b) to take direct and we any water from any river, creek1 tnDutory, stream, lake or pool, situated upon or tlowing through any State lands for the purpose of supplying with water any machine or any engine or machinery employed and for mining purposes: l',o.i<iod 1hat ,uch"""kt •hall u<>t \ntctf<tc ,.,11,, ~ right&. =
61. (1) The construction of a dam, reservoir, water..race. the Rules as to laying of pipes for the conveyance or water or the erection of any ~ ~012 wire or land cable for the conveyance of electricity or the erection of on landsct.c., pumping or ~~r mac~ry in ronnf'(:tio1;1 ~jth, shall_ be 13%r commenced within such time as the CoJilDllss1oner may consider or vacant. reasonable from the issue of the lioence authorising the same, and r1 ur t9nJ the holder of the licence shall continue such work until it is completoo to the satisfaction of the Co,nmissioner or mines officer, otherwise any ri2ht which be may be entitled to by virtue of such li<:eru:e may be declared by tlv • {inister to be forfeitoo. L,R,O. l/JS,1J Cap. 65:01 Mining (2) Every water-race shall hsvc a point 10 be specified by the <;ommissioner or mines offic:er at which water sbaJ) be taken ti'om the nver, cree~ or oth.e~ source, ~ut in no case shall such river, creek, or other source be included m or fonn part of any water-race or pipe for or the conveyance of water. (:3) Any lirEnsee of a wattr-tace who lel\ds the same across any toad or thoroughfare shall construct and k""p in repair suitable crossings~ to the satisfaction or the Commissioner or mines officer. 6l. The Commissioner ntaYp.on the written application of the holder of any claim, require tne holder of any other claim to cut and construct on his claim or perm.it the holder of the first mentioned claim to cut, construct and use thereon, to the satisfaction of the, Commissioner or mines officer, any of the works mentioned in regulation 60 which may be necessary for the proper working of the first mentioned claim: Provided always that the hoJder of the claim on which such work is constructed shall be entitled to receive from the hotdet of the other claim such compensation (if any) as the Commissioner or mines officer may award. ........ Permittina CTOQ cbwn. (I t.1f 19"21
63. The Commissioner, on the written application of the owner of any dredge or his repn,scintativi:, may permit such dredge to bo taken from ont part of a creek to any other part thereof across any claim or claims held by other per$0ns: Provided always that the holders of such claims across which any dredge is pennitted to pass sbaU be entitled to be paid by the owner of the dredge such oompen~ tation (if any) for actUal damage done to the claim-holders• worldngs or disturbance of operations as the Commissioner or mines officer may award. (i<I. The oatural channel of the river or creek shall be considered as a public tail raa,, and all claim-holders shall be entitled to, and if n,quired by a mines officer, shall turn their tail water into the river or creek at the end of their claims. "'- Prohibitioa tol'aos,ctc.
65. No person shall, under any pretence whatever, damage, destroy, or otherwise intecfere with any race~ tail-race, dam, sludge.-· ohannel, or draining "u1chine- or other appliance connected therewith, or with any claim or aroo.. uni.., tile same has boon abandoned or the sanction of the owner thereof, or tho authorit)' of tho minef officet has first been obtained in writing for that purpose. Power to 66. In case any holder of a licence under regulation 6f' ~\its. to ,._,._ """"' make a reasonable use of th.G advantages allowed to hitn r,y his Mini,ig Cap. 65:01 63 Hocnoc or ifho ~oi. w~tcr in exi;:e&c of a reacottable quaotif.jl or ifhe wastes water or if he fails to comply with the condition under which bi.s fu:eru:e was granted the Minister may cancel his licence.
67. No person shall dcpollit or oau:ie to be deposited upon any l'rot,..;tio,. claim or site in the occupation of any other person except with the or claim.-ho!,dU' consent of such person, any earth, stone, gravel, debris, or tailing or =:ii:,~ any other substance. TIMPER RIOHT3
68. (1) The holder of a claim shall have the right to use all timber Rlgbt to use growing on his claim as he may require for the proper working of Uec,g an mch claim, subject howeV'er to the rights reserved under regulation o\alm. 23. · (2) The holder of a claim who may require any wood. timber or other material fro01 the ungranted State lands outside the limits of his claim. for the purposes set forth in these Regulations, may apply for and take out a licence or licences for the same under the State Lands Regulations for the time being in force, and any appli- cation made under this regUlation shalt have preference ovet any other application for a Jicence made under the State Lands Regu- lations,
69. Any person who fells or causes to be felled any tree across or Removal of upon any road. footpath. crossing-place, claim, water-race, or other mining property, shall cause the same to be removed within twelve :e;r!.,to: ' c:1c. hours after the felling thereof. PAR.TIX OCCUPATION OF LAl'ID FOR 'REsIDl!NC1!, MILL, Bl'C.
70. (I) The Commissioner may, an such terms and eonditions ,11.s Occupation he thinks fit, permit any holder of a ctaiin to occupy a portion of ~r ~ State land in the vicinity of his claim for the purpose of erecting 1 ~ thereon a residence for himself or persons in his employ or any mill, 'i'ielDlry, or any work or building required for mining purposes or for any business or other legitimate object connected with mining, provided that &ll~h land is not required for mining purposes or the occupation thereof calculated in any way to interfere rprejud.icially wi.th mining operations. (2) The Commissioner may similarly grant permission to the holder of a lieence to traw: iu gold or prcciouo stones to occupy "' site not exceeding one am-e for the erection of business premises.
71. The Com sioner may, on such terms and conditions as he Pcmlls.sion thinks fit, permit the bolder of 11, claim to oonlltrUct and maintain a ~ ; ~ • tramway. 64 Olp. 65:01 Mining railway or aamway on any portion of State land leading to or from his claim which ,nay be necessacy or desirable for the better and more cft.ctllal wotldng of such clailll, and the Commissioner may also pemtjt such railway or tramway to be carried across the claim of any other person, provided that such railway or aamway does not intcrfe,o wilh, or prevent the proper working of the claim of such last mentioned person, and provid<>d further that BJICb com- pensation for damage done to workings or disturbance of Ol)Cl'ations as lbc Commissiouer sll.U lllinlr. just and reasonable shall be paid to such last mentioned person .!lf the person who desires to carry any railway or munway across such last-mentio11bd claim, and any dispute as. tea the amount of s.w:b. compens,ation or in connection with the earryir\g of any s110h tallway or tramway across the claim of any person, shall be <letcnnined under Part XI. PART X SUR.VEYS
72. (l) Tho holdtt of a ~\aim l"""""1 undet Patt I who desires to havc•the same surveyed by a G<>vernment surveyor, shall defray the oost of the survey. (2) Application for the survey shall be made to the Commi•• sioner or mines officer and the necessary r.., and costs shall be paid in adv.a.n.ce. (3) The costs of a survey ofa claim in dispui,, shall be defrayed in the fust in""-"""' ey tbc pcroon applying to have the dispute deter- mined and the officer determining the same shall have power to say on whom tbe co~ts 9lwJI fall, and tho 1atno sho.11 ho recoverable as costs in the causo. PoW(II' to 13. Wh.,. th• Commissiouer or snine• ollicer considers it necessary -· c.orncr••fcn• that a 1urvey should ho made io prevent dfapnte or error. he shall to din:c:t cause an intimation to that elfccc to be given to any holder of a claim, (I Gfl972l and the cost or ,w:b. =•Y ,ball be defrayed by the holder of the claim either wholly or in such proportion as the Commissioner or 1nine,, offioor DUL)' c:lirect.
74. (I) On making a survey, the surveyor may modify or. alter the boundaries of • claim, so as to make tho claiIII conform to these Rcgulat.ion8, or ao (l-9 to avoid interference with the riahts a.nd privi- leges of persons other than the holder of the olaun. (2) In such case the diagram shall show the boundaries as m..ked out be the 11.<,W,et of tlu, claim and the boundaries which tho surveyor lays down by way of modification or a11eratlon. Mining Cap. 65:01 65 Minfltf Regula/ions [Soboldi,ey] °""""'•• 75, (l) Subject to regulation 76 no concession or lease shall be granted u111ess the area to be granted has been surveyed by a duly ""' ••"' qualified surveyor. (2) If any such survey is not made by a surveyor of the made. 5 = till Department of Geological Surveys and Mines, the original diagram of such survey togethor w\th a duplicate <>!the Wllme shall he dtli.,..,d tl\ th~ ("'nmmllilll.ioner. 76, (l) No survey of any area in respect of which an application Survey not has been made, shalt be necessary if such area has been previously ~ to granted, and any duty qualified surveyor fa able from pcnonal know- ca-. ledge to certify that the boundary paals are in good order and are to the best of his belief standing in their original positions, and in such cases the applicant shall obtain from the Department of Gcologioal Surveys and Mines a cerrttted copy of the diagt:a.m on record iu. that department together with a certificate of the surveyor who inspected the boundaries. (2) No survey shall be necessary if the area applied for is bounded by tributary creeks or other well clclined Um!,. and suoh boundaries are well marked on a chart of a survey on record in the Department of Geological Surveys and Mines from which it is possible to calculate accurately the area applied for.
77. The width of a river or creek for the purpose of calculating its Arca or area shall be taken from. the top of one bank to the top of the other co~ion. bank, as fixed by the survey.
78. The surveyor at the cost of the applican\ shall place at the 1l<>uAdal:Y bank extremity of the granted portion of a river or creek on each marks. bank thereof, iron or concret.c: and hardwood pa.ala in the manner Jaid down in the Land Surveyors Act. c, 97 :01
79. The boundary lines defining the limits of length of any portion Positloo or of river or creek to be granted shal.l ran across such river o r ~ aL t:,dar,,o right angles to its course at the pomt where such boundaty ltne& are fixed.
80. The fees to be deposited for any survey to be executed by a Swvcy ""'· surveyor of the Department of Geological Surveys and Mines under these regulations shall be based on the actual estimated cost of the survey to the Ouvermucnt including: the surveyor"s 1u1.la.ry and field allowances. 66 Cap. 65:01 Mining If such estimate is subsequently found to exceed or to be less than the actual cost as aforesaid, the ditl'orence shall be returned to or paid by the applieaa.t a.a the 04'0 may be. PARTXI a...w Dlrn31lMlNATION OF DISPUTES provbiona. 81. All disputes by way of opposition to the issue of any licence., to~- atioa of and all disputes as to what land is or is not lawfully occupied or has dUp1,1tc:s or has not been lawfully located, or any other disputes arising under ......... in flr&I [I of 1972), these ci,gulationn. t.hall b e ~ by tht. CQnt.n\U.ti.oneryor a.n offiwr appointed by him or the mine< oflker of the mining district in wh.ich, the dispute arises.
82. (1) The pemon desiring ro have any <llspute orber than by way of opposition settled shall file a complaint in writing in d11plicate· setting forth the name., of the parties to the dispute, ashort statement· of the canso of complaint, and the remedy or redress which he ask& forw am\ $hall, within aeven days thereafter, serve on the opposite party, either personally or by leaving the same at his ,egisterod. address. or ir1 such other manner as the Commissioner, or an offic:cr- appointed by him or the mines officer may direct, a copy of the· complaint. (2) There shall be endorsed on the complaint an address in Georgetown or New Amsterdam o.r in the mining district, as the· caae may be, at which all notices may be served on tho oomplainant. ........ Filing 83, (I) The opposite party may, within seven days or such longe<" time as the Commissi<>nec m.ay allow after service upon blm of th• stt\tement or com.plaint, fib) t\n. 1'tl9Wet' in wtiti:ng statins how much he admits and hQW mud! he denies in the statcincnt or compJaiot. He shall within the same time serve on the party oomplaining •t the address contained in the statement or complaint, a. copy of the· answe<. (2) There shall be endorsed on the answer an address in Oeotgetown, New Amsterdam or in the mining district as lhe case- may be, at which all notices may be served on the opposite party. FiUna of 84. On such answer being filed, lhe Commissioner, or an officer n,vly, appointed by him or the mines office, may, if he th.inks fit, by notice· (I of 1972) in writi11 ~ ~uite the c1.nnplaitU\1\t tn filf!: a. rtiply and in ,mch ca.,:e the reply shall be filed and a oopy served on the opposite party within such time, and in such manner as may be pte<Oribed i.tt the notice, Mining Cap. 65:01 8~. Every ~,so11 fiJing aity Uut.:umcnt uudcr tlu:: last lJ1Cce pr~ Place 101 •cedmg regulatmns shall do so in duplicate at the office either of the filing Commlssklner or of the mines 0 m~·r m-.;;,;;; , dix:uments. {I of 19721 _86. Tlw. Commissioner, or an officer appointed by him or the En1a.-.,,,. of ·nunc$ offiw may on the ex parte ?.pplication of eithet party or after time for •quch notzce · as he may d'trect. e1t · het beiore • of a fter the time . limited . dlinzdocu• rntnts. by this Part for tho Alirtg of ;1;ny document 01" the rlning nF any llllt [I of 19723 -enlarge the time for filing such document or doing such act. ' 87, (l) Tho answer or reply, as.the case may be, having been filed GMng .or default having been made theremt the cormruss1onet, or an omcer ~"" .appointed by him or the mines officer~ shall forthwith cause notice in n c.i 19721 writing to bt ~ed on both parties at their addresses for services of the day, hour and place at which the dispute will be heard and de- termlned. (2) If tlw. bool'.ing so appointed does not tilke place, a frosh t1otice of heating ma.y be served, and s.o on totie,r quot/es,
88. At tlw. day, hour arul place mentioned in the notice of bearing, ""'fW· the Comtnmioncr, officer appointed. by him or the mines officer, [1 or t '121 ~hall proooed to hear and determine tho di•pute: Provided1 however, that, in any case which is to be heard. by thr: -officer appointed or the mines officer, tho officer appointed or rhe ·mines officer sllal\ have power to refer theasetotheCommissioner. :and the Commissioner may hear and. detennine the stime accordingly ..or may in his discr~on retnit tlle ca.~ to be heard and detenniu.cd by the officer appointed or the mines officer.
89. Any c:xtrAct from u.ny OOo.k, l't"L'.ni-d, or other document Proof of -required to be kept by any officer under these Regulations, ~r any dl'.lll'-Wlleni. ,copy of any docullleo.t or of any entry in any book 01 other record in the custody or possession, or under the oontro\ of any 01Tuxr und~ tnQC llcgt.d.atlons~ jf certified tn he true by the officer for the time being in charge of such book, ,ecord or other document may be givon in evidence on the nearing of any dispute or other -proceeding with-Out calling any such officer to p,ove tho same.
90. The Commissioner, officer appointed \ly him or tnines officer """.r -shall for the purpose of hearing and determin~g any diapure, have i~t~nBi9, 1fj -power to 11.it in. any part of Guyana and to adJourn from place to place as OCCM,\on may require. 6& c.,.. '5:01 Mining ....... Pow« to SllNq', etc.
91. The Commissioner I otlrot;r appoiu,tc:d by him. 0£ the Ullll¢.s officer may for the purpose of bearing and detetntining any dispute n or 19121 n,quire one of the patties to the dispute to cause such surveys and measurements to be made and taken as he may thii1k proper; and he sball enter on !he records of the proceedings the ra..~ o! his haviog required any such Sllrl'ey or measurement to be taken, and shall in bis <lecision oay on whom the expenses of the survey or measutement •ball fall. - Procedure at 92. (1) At tile time appointed for the hearing of tile dispUte the op~ o! ~mplai.rumt shall ~~ to state his case and then exanune his witnesses~ who may lie cross-examined and re-exainined and tender his documentary evidence, and if the opposite party adduces no evidence, the opposer or ®mplainant may sum up his evidence, and comment thereon. (2) When th.t: Qp~r or cotnpJl'W18.nt has 0011oluded lus case~ the opposite patty may state his """' and addw:o evidence, and sum up and comment thereon. (3) If tt,,, "l'l"'•ite party adduces no evidence, the opposer or complainant sball ba"" ru, right of reply, (4) lf Ibo opposite party adduoe-; evidence, the opl"I""" or complainant shall !)eat liberty to reply generally on lh• whole.,.,... Givin& of 93. After the bearing bas been concluded the Commi...inner, decision. otliecr appointed by him or the mines officer shall give his decision u or 1m1 ud o ~ and the. 1'MM)nS thereof in writing. which shall form part of the rteord, and •hall lntitnatc th• sam• to the several parties as soon after the delivery of suoh deci>ion and order as practicable,
94. Wb.en tM Coll\lm'$$lQno•:-. of&:ct appointed by him or the- mines officer doclate< that a location made by any patty to a dispute is null and void, the licoru:e, if any, held by auch party for lhe land included in such location as aforesaid, •hall at tho expiration of the pm:iod allowed fot appeal apio,t tho dcclalon of tho c-.,1~ner, ol!i<:et' appoinbod by him or the mines olllcet and ptOVidtd that no appeal has been lodged, ipw fo<to cease and determine. Enf•- dccisioG. o(
95. The decision or order of the Commissioner, office,t e.µp.olntt.d by him or the mines officer shall be given effect to and enfowed II of lffll notwithstanding any appeal, until such decision or order has ~• "'""'1 o, ,.,._ Blido on aweal, unless lhe High Court ot~•rw,se otdl:rs for "1Ch""'°"' and on such termS as it may lllint a,. Mining 69 116. ~•~ party shall be entitled, on awlicatlon at the office of the lllaht •• Commiss.1ooer or uu.nes officer, to a. copy of the pxot<::edings on ooPf or. payment of the prescr,bed fee. pr-...,.
97. Any party aggrieved by any such decisioi1 as aforesaid may Appeal appeal thorctturo, tQ the High Cuu.rl. '
98. The C<>mmissioner, officer appointed by him or the m.inefolll<er .._ 10 may, where it appea<S to him absolublly necessary ro do so for the ~ rnainte:nanee ofth~ pubfie ~ or for the proteatiot1 of the intett:st& of ~ the. State or of pnvate persons, order that all work shall CCa&:I on a =oP. claun, either generally or by any particular person or penoos and !l ot t"'21 thereupon wort shall be di=ntinued accordingly. °"""'""""" 9!>. If either party to an opposition or dispute refuses or no~• =~ to give effect lo any order or decision lawfully made lberein, he sholl, or ..r-1 o, in addition to any other penalty or p.rocc::ss to enforce such order to which he may be subieet forfeit all his interest in the subjeot,matter of the opposition or dispute, and be liable to a fine of three hundred to"""'· dollars.
100. The Com!lliMioner, officer appointed by him or the mines - . officer may award to either or the parries ro any dispute; such wisu. ti (}f 1972.t not ex<:eeding the scale in a.,tioos in tho Hi.sh C<>urt as in his dis. cretion he think& tit. The fees for filing docUlllents nnd for other proe¢edings under this l'art shaU be tbo,e ,pecilled in t~e Second - . . Schedule. """""'"'- l'ARTXU SANITARY Rrouu.nONS 1()1. (l) Every holdct of a cJaim or of a pemtimon under MgUro, ProyM<ffl of lation 70 shalt provide for the use of all persons employed by him, !n~"' within a reasonable distance, to leeward if practicabJe of the camp [1 of l!ml or place where sucl\. l}C(SOM are working, a properly screened latrine with a pit or -pro~ uw~a.blc «iccpta.clo boaeath and Aft-n 1mah other pits or treru:hc> as may be neoessary for the deposit or excreta. (2) The position of snob latrine and of ,11ch pits or trenohes shall be subieet to the approval of the mines o~,. (3) Every such latrine shall be kept clean and dlsinfeeted to the satisf<Wtion of th,, mines officer. (4) All "'"'""" ,hall be deposited in such latrine or in snob othel' p~ts or lft-nc;hC'tio and. :not eleewhere. 102, (I) Each mines offirer shall appoint suilru,le spots_ in tho ~~ different parts or • •, ,ninins district for the depoatt of rubb,sb and ....... rd'USe man.er, anh...aJ and vc;getAble, othct- tl-11\n ~ota.. fl of l.97.2J 70 Cap, 65:0J Mining Mln/111 /tqu/oJlons . (l) No person sb.a~t deposir or cause to be deposited, any such rubbish or refuse matter m any place exoopt the spot appointed b)I the mines officer. <If,.,.,. Rcmovlll matter. .l~J. T~e ?CCUp1er of any d~elltn,g~housc, hut, logic or tent in a mm.mg distnct nearest to which any rubbish or refuse matter or ll of U-721 ......,bl is or are deposited •ball be bo»nd to bury at least three feet below the surface of the ground or reniave oc: b1.1m the same and shall so bury, remove or bum the same wittun twenty~four hours an.er-- being required by any mines officer to do so.
104. The owner or any per3on m chM!lO of all)/ animal which die&. on or near a clai.tn shall within twelve hours after such death, cause the animal to be burnt or buried at least six feet deep and a dist&!ICO· of not less than one hundred yards front any habitation. 105. £very owner, pem>n in charge or wa.tci\tnan. of a ab.op or ll\1lg>11Q'- <hall be bo1111d to keep lhe land a,ound the shop or magazine within a radius of llfly feet or such smaller area as may I><> under his control, in a clean state and properly drained and free from empty tins, bottles, or other the mines oflioet. """'l>"""'°' to tl\O satiot'aoliOn or
1116. Anv mines officer may cau,e graveya,ds to be marked our and fenced olfnot less than aqua,ter milcrt<>m aml n practlcaoto to lcewaro of the camps in his mining district; and the interment or persons dying in lhe district shall, as far as possible, be made the.rein, within thirty-six h011t11 of death, but in no case shall intermonts be made at a te:ss distance than a quarter of a. mile from~ Mare&\. inhabited building or any aimp. ur,. Any mines olfu:or may reserve such creeks for drinking: °""" purposes as he may from time to time deem necessary and thercupun~ and until lhe ,..,..,,,.lion is temoved, "1Ch. location. shall not be open to,
108. Every person who wilfully or negligently causes the _,... or any well or reservoir on or near any claim, l>l of any creek used for drinking purposes and set apan by lhe mines offioor for that purpose.. tn neoome cormmirultlld shall be guilty of a breach of lhese Regu- hltlom. 0 """- 109. (I) It shall be the duty of every ho!do< <>r peta0n !" charge ~r """·"'""" • olahn to ""' that tho l&lld to the extent of fifty yards (/' ·tll.der his ..., .........,._ control) surrounding lhe dwellings of the persons emplo).4 by him