Radioactive Minerals Ordinance, 1947 (Ordinance No. 7 of 1947)

2. In this Ordinance, unless the context otherwise Interpretation. requires- ' 'licence'' means a licence granted under the pi:ovisions of section 3 of this Ordinance; ''mine'', with its grammatical variations and cognate expressions, includes all operations for the intentional winning or ohta:ining of any rarlio-active mineral; "permit" means a permit issued under the pro• visions of section 5 of this Ordinance; "prospect", with its gI"amma.tica1 variations and cognate expressions. means to search for any radio- aetive mineral, and includes such working as is reasonably necessary to enable the prospector to test the radio-active mineral-bearing qualities of the area concerned; "n1dio-active mineral" means any substance specified in the Schedule to ~ . this Ordinance.

3. Notwithstanding anything in Order :No. :\i1-5 Prospecting (Miniug) 1935 or any other enactment, no person shall nnd J?-1ining within "the Colony prospect for or mine, or attempt to re str 1cted. · prospect for or mine, any radio-active mineral except under and in accordance with a licence granted by the Governor. Holder of 4, Every holder of a licence shall within the first lic.enre to report his week of every month furnish the Chief Secretary with a operations. true report in writing of the prospecting and mining operations conducted by him in the immediately preceding month with respect to radio-active minerals, and shall at the same time furnish the Director of Lands and Surveys with a copy of such report. · Export restricted

5. Notwithstanding anything in any enactment, no person shall export, or attempt to export, from the Colony any radio-active mineral except under and in accordance with a permit granted by the Governor in that behalf Grant of li,~ence 6. The grant of a licence or a permit sha11 he 1n t.he or permit discr~tionary. absolute rliscretion of. the Governor who shall be under no obligation to assign any reasen for refusing the grant thereof. 1·,orm. of lioo\l.cG 7. Every licence and permit shall be in such form ,md permit. and for such period and be subject to the payment of such fee as the Governor may determine, and shall contain such terms and conditions as he may think fit to impose. Duty to report 8. H anv radio-active mineral is discovered in the discovery of radio.active course of prospecting, panning, or fossicking, or on any minerals. land in respect of which a mining lease is held, the holder of the Prospecting Licence, the Panning Licence, the Fossicking Licence, or the Mining Lease, as the case may be, shall immediatelv notify the Director of Lands and Survevs of such discoverv and no such mineral shall be removed from the land except in accordance with a licence granted under section 3 of this Ordinance. Offences. 9,-(1) Every person who-- (a) prospects for or mines, or attempts to pros- pect for or mine, any radio-active mineral within the Colony without a licence; or (b) being the holder of a licence, prospects for or mines, 01' attempts to prospect for or mine, any radio-active mineral within the Colony otherwise than in accordance with any term or condition of his li<'ence; or (c) being the holder of a licence, fails to comply with the requirements of section 4 of this Ordinance; or (d) export.s, or att.P.mpt.s to export., from the Colony any radio-active mineral without a permit; or (e) being the holder of a permit, exports, or attempts to export, from the Colony any radio-active mineral otherwise than in accordance with any term or condition of his permit; or · (/) obtains, or attempts to obtain, a licence or :i,,ermit by means of any false statement or representa- tion; or (g) being the holder of a Prospecting Licence, Panning Licence, Fossicking Licence, or Mining Lease, contravenes or fails to comply with section B of this Ordinance, shall be liable to imprisonment for twelve months or to a fine of five thousand dollars or to both such imprisonment and fine. (2) The Court before which any person is convicted of an offence under subsection (1) of this section shall order the forfeiture to His Majesty of any radio active mineral or prospecting or mining apparatus derived from, or employed in the commission of, any act in respect of which such person was convicted. 'l'HE S:\RAvVAK GOVEHX;\IE~l' GAZE'l"l'E, Jl;NE 2, 1947. 241 10.----(l) · Any police officer, not below the rank of Powers of sergeant, anv administrative officer anv officer of the seadrch, arre st D epartment o' f Jaan ds and Surveys < ' not ' below the rank of an seizure. Assistant Superintendent, and ~ny other officer or class of officers authorit:ecl. in writing by the Gcvernor in thnt. behalf, may, for the pnrp:lses of enf::ircing the provisiont: of thi,, Orcl.in~rncc withmt y-~Hnrnt ·;:r othPr lPP-al process- = (a) enter and search any place whel'e he has reasonable grounds for suspecting that an offence c1rnler this Ordiuam·e has been, ,;r is ahout Lo he, committed; (b) search any perrnn whom he has reasonable grounds for suspecting to have committed, or to be about to· commit, an offrnee under this Ordinance; (c) arrest any pel'son whom he has reasonable grounds for suspecting to have com1-1ittcd, ~,r to be about to commit, an offeirne under this Ordinance; (d) seize any radio-active mineral or prospecting or mining apparatus connected therewith which he bas reasonable grounds to suspect to be, or to be about to he, derived from, or employed in, the c-ommissio11 of any offence under this Ordinance. (2) Where any person is arrested, or any radio-active mineral or prospecting or mining apparatus is seized, under the proviRions of subsection (1) of this section, such person, mineral and apparatus shall, as soon as practic- able, be brought before the nearest Magistrate. (3) Every person who obstructs. or attempt.R t.o obstruct, whether actively or passively, any officer in the execution, or purported execution, of his duties under this section, shall be liable to imprisonment for six months or to a fine of one thouc<nnd <lollars or to both .:uch imprisoE- ment and fine.

11. The Governor mav._ from time to time by Power of . ~, Governnr notification in the Gm,ernment Gazette alter, vary or m to vary any manner amend the Schedule to this Ordirm11ee'. :khed:,ie.

12. Kothing in thiR Ordinance shall be deemed to Saving. absolve any person from compliance with the provisions and requirements of Order No. M-5 (Mining) 1935 or the laws for the time being relating to Customs.

13. Tbe Governor in Council may make such regu- Power to mak~ lations for givin~ better effect to the provisions of this regulatiolls. Ordinance as he may deem to be necessary or PxpPrliPnL SCHEDULE. (1} Minerals of the pitchblende group, including pitchblende, uraninite, ulrichite, bri.iggerite, cleveite, and rela-te-d mineral 1,pe1·1es. (2) 'l'orbernite and autunik. (3) Ser·onrl:uy nraniurn minera-Js other tha.n torbernite and autunite, including rutherfordine, uranite, uranoplia.ne, gummite, thorogumrnitc, uranocircitc, kaoolite, becqucrelita, and other 8i'icates, hydrates, carbonates, phosphates or arsenates of uranium. (4) Camotite and tyuyamunite. (5) U rnnium-bearing niobate-titanat.e-tanta late ores, includin~~ euxenite, polycra.se, blornstrandine, prioritc, sarnarskite, ferguso- nite, beta.fitc, plumboniobite, and related mineral species containing ovA,r one per cent uranium oxide. (6) Monazite, thorite, thorianite and radio-active zircon. Passed this 20th day of May, 1947. R K. TURNER Clerk of Counci'.l Negri,