Mining Regulations, 1947

1. These Regulations may be cited as the Mining Regulations,.1947. :::;::

2. Wherever reference is made in these ReguJiltions to a companyL~~'""' and its memorandwn and articles of association. such reference shall S9ol25:! include- (a) a corporation incorporatedin this Island by statute, and the statute by which Jt wasincorporated;and (b) a company or corporation created outside this Island, and the charter, statute, regulations or other instruments creating such company or corporation and defining ils constitution and Powers. ProspectingRights 3.-{1) An application for a prospecting right or for any renewal thereof shall be made to the Commissioner in the form set out as Form I in the First Schedule. (2) There shall be forwarded with such application the appropriate fee specified in the Second Schedule. (3) A prospecting right or any renewal thereof shall be in the form set out as Form 2 in the First Schedule. - ..... ....,. • (4) Before granting a prospecting right to an applicant the Commissioner may require such applicant to attend at a time and place to be Jlotified and to be examined as to the provisions of the Act and of these Regulations. (5) Where the applicant for a p~g righl is applying as an agent for a person there shall be forwarded with the application an undertaking in the form set out as Fonn 3 in the First Schedule. F°"" J, (The mclusion of lhis pap, is autlloriwl by LN. !/20061 4 THEMINING REGULATIONS,1947

4. The holder of a prospecting right shaU-withinone week of lhe grant thereof lodge with ili'eCoiiunissioner for-the purpClsesof sedion 13 of the Act the sum of twenty-five thousand dollars, or such other sum as the Com• missioner may in any particular case specify, or gi.ve security therefor with one surety.

5. Where a prospecting right is granted to an individual as agent for a person and thal individual is in the employ of that person, then if such • individual leaves the employ of that person, that person shall thereupon notify the Commissioner of such fact and as from the date of receipt of such natification such prospecting right shall terminate unless that person otherwise requests in such notification.

6. Whei"ethe Commissioner calls upon the holder of a prospecting right to show cause why his right shoutd1not be revoked under section 20 of the Act, the Commissioner shall forward to the 1ast known address of such holder P""", a n<lticein the fonn set out a_sFofm 4 in the first Schedule specifying the contravention complained of and the time, place and manner in which cause is to be shown.

7. Where a prospecting right is tenninated for any reason the ho]der thereof shall surrender to the Commissioner such prospecting right 8, The holder of a prospecting right shall in the months of January and July of each year make a return to the Commissioner of his prospecting operations, showing the lands upon which he prospected, the nature of hls prospecting operations, the places (if any) in which he has found minerals and the quality and quantity of any minerals so found, and the .excavations made in the course of such prospecting operations and the action taken to secure such excavations from causing injury to humans or livestock. Exclusive Prospecting Licences 9.-{l) The area the subject of an application for an exclusive prospecting licence shal~ unless the Minister otherwise pennits in any special circumstances, be rectangular in shape and shall comprise not more than eighteen metric squares, on the 1 /50,000 topographical map of Jamaica. • (2) Before application is made for a licence a temporary beacon shallbe erected at the north-west comer of the area and such beacon shall be known as the location beacon. [1bl! inclusion of lhis page is authoriud t,y L.N. 112006] 11fEMINING.REGULATIONS, 1947 s (3) For the purpose of erecting a location beacon the intending applicant may clear lhe area around such beacon to a distance of not more than three metres. (4) The application for a licence shall be made within 14 days (or such extended period as the Minisle! may permit} of the erection of the location beacon, and if not made wilhin such period the intending applicant • shall forthwith remove such beacon or if he fails to do so the Commissioner may cause it to be removed. 10.....:.:1) An application for a licence shall be made to the Minister through the Commissioner in triplicate, and in the form set out as Form S in the First Schedule. (2) Thero shall be forwarded with such application- (a) the appropriate fee specified in the Second Schedule; (b) a sketch plan in quadruplicate on a reasonable scale showing to the satisfaction of the Commissioner the following details- (i) the main topographital features in and about the area applied for in such a manner as will enable the bound- aries to be identified on the ground; (ii) the location beacon; (iii) an approximate estimate square kilometers of the area applied for; (iv) such other information as will enable the area lo be delineated on the general map of the dis.trici in which the area applied for is situated (3) A licence shall be in the fonn set out as Form 6 in the First F"""~- Schedule, and if granted subject to any conditions, such conditions shall be endorsed thereon. • 11, Upon receipt of an application for a licence the Commissioner shall cause a notice setting out the ma.in particulars of ·such application to be published at the expense of the applicant once in the Gazette and Ollte in a daily newspaper circulating in Jamaica and shall give notice ofthe particulars of -such application to any person who to his knowledge has any interest in the are:iicontained in such application.

12. The holder of ·a licence shall within one week of lhe grant thereof lodge with the Commissioner the sum of twenty thousand dollars or [The inclusion of !his page is authorized by L.N. WOO~] 6 711EMlNINGREGULATIONS,19n such other sum as the Commissioner may in any particular case specify, or of section· n·orthe give security therefor with one surety for the J>UIPOSCS Act. 13.-{l) The holder of a licence shall, if required by the Commissioner, cause all boundaries of the area of his licence to be pennanently beaconed or demarcated in accordance with the written directiom of the Com- missioner, and shall, if required by the Commissioner, cause a survey of the • area to be made in strict conformity with the requirements of the regulations made under the Land Surveyors Act and at the expense of the applican1.and to the satisfactionof the Commissioner. (2) Within fourteen days of the grant of a licenoe, the holder thereof shall forthwith paint clearly on an iron plate securely bolted to every beacon on the side facing the area the subject of such licence, his name and the official number of such licence. (3) The holder of a licence shall during the period of such licence- (a) maintainhis beacons in good condition and in proper position; (b) keep clearly painted on such beacons the particulars required by paragraph(2); and (c) keep cut and cleared of vegetation all or any of the boundaries specified by the Commissioner for a distance of not less than three metres from the beacons defining such boundaries.

14. The expenditure of the holder of a licence for prospecting alone shall -beat the rate of not less than five thousand dollars per square kilometer or part thereof for each year of the licence: Provided that the Minister m.1y suspend or reduce the obliga1ionfor such expenditure for such time as he maythink fit. 15.-{I) Subject lo paragraph (3) the Commissioner may permil the grouping of areas held under licences for the fulfilmenl of obligations and may at any time revoke such permi.L (2) Where grouping of licences is permitted the sum of the prospecting obligations under such licences may be performed on some part of the area grouped. (3) The groupmg of licences may be permitted on the folloWJng conditions- [Th~ inclusion of lhis l'a~ is a111lu,rizcd by l N. 111006] THEMOJINO.REGULA.TJONS. 1947 1 (a) application for such groupingshall be in respect of a year ending 31st D«ember and shall be made before 15th Decemberin the previousyear; (b) the total area in respect of which groupingmay be permitted shall not exceed fifty metric squares; (c) permission to include in the same group lode and alluvial prospectingshall not be granted; (d) the obligationsfor a group shall be calculatedon the area of each licence in the group on the 1st January and no allowance shall be made in respect of any licence expiring before the 31st December; (e) if the obligationsof the group are not fulfilled by 31st December noneof the constituentlicencesshall be renewable; (I) the transfer of a constituentlicence sh.111 not affect or reducethe obligationfor the group. 16.--(1) Application for tlie renewal of a licence shall be Lodgedwith lhe Commissioner nor later than two monlhs before the date of expiration of such licence, and shall be in the fonn set out as Fonn 7 in lhe First Form 1. Schedule. (2) There shall be forwarded with such application the appropriate fee specifiedin the SecondSchedule. (3) When a licence holder who has so applied has, up to and including the date on which his licence is due to expire, not received any notification of the allowance or disallowance of his application he may continue his operationsuntil he receivessuch notification. (4) Where such application is allowedthe licence shall be renewed as from the date of expiry, and the fact and particulars of such renewal shall be endorsedon the original licence.

17. Where the Minister calls uJ)Onthe holder of a licence to show • cause why his licence should not be revoked under section 28 of the Act,. the Commissioner sha11forward to the last known address of such holder a notice in the form set out as form 8 in the First Schedule specifying Fam, a. the contravention complained of and the time, place and manner in which cause is lo be shown; and the Commissioner shall thereafter submit his recommendationsto the Minister.

18. Where a licence is terminatedfor any reason the holder thereof shall surrenderto the Commissionersuch licence. [The incl..s.io11 of thia -pl'lg~ is authorizodby L.N. 112006] 8 THEMININGREGULATIONS,J9.17

19. When the hOldenif a licence de"SiI'eS ' . -.. lo transfer his licenceor interest or any part or share therein he shall apply for the consent of the Minister in Fann,. the form set out as Form 9 in the First Schedule and shall forward with such applicationthe appropriatefee specifiedin the Second Schedule,and if suCh application is granted the consent of the Minister s;hallbe endorsed thereon. •

20. Where the holder of a licence desires to surrender it he shall Fonn JO. apply for the consent of the Minister in the fonn set qut as Fonn 10 in the First Schedule and shall forward with such application the appropriate fee s~cified in the Second Schedule and the licence, and if such application is granted the fact of Such surrender shall be endorsed thereon.

21. The certificate to be furnished to the Commissionerunder section 29(1) of the Act by the holder of the licence on the tennination of the licence Fmmll. shall be in the form set out as Fonn 11 in the First SChedulC. Mining Leases 22.--(l) Sllbject to the provisions of regulations 60-62 (inclusive) an application for a mining lease shall be made to the Minister through the Form 12- Commissioner in triplicate and in the form set out as Form 12 in the First Sched4le. (2) There shall be forwardedwith suchapplication- (a) the appropriatefee SJ)CCified in the'Second Schedule; (b) a:-·sketChplan in quadruplicateon a reasonablescale showingto the satisfactiO~\ofthe Commissionerthe followingdetails- - .(i) • the main topographicalfeatures in and about the area applied for in such a manner as will enable the bound· wes to be identifiedon the ~ (ii) the locationbeacon; (iii) an approximate estimate in square kilometers of 1he areapplied for; (iv) such other infonnation as will enable the area to be delineated on the general map of the·district in which · the area appliedfor is ,m.tuated. • (3).When pennission-tomine is given Wldersection -32of the Act it ..,,,,,, 1~. shall be in the fonn set out as Fonn 13 in the First Schedule. [Th, inclusion of this page is authorized by LN. l/2006] THEM!NINGREGULATJONS, 1947 9 (4) A mining lease shall be in the form set out as Form 14 in the Fonr,.14, First Schedule,and if granted subject to any conditions, such conditions shall be endorsed_thereon. 23. :Befo~·an application is made for a mining le.asethe applicant shall mark out the area over which he desires a lease in the manner specified in paragraph (2) of regulation9 . • 24. Upon receipt of an application for a mining lease the Commissioner may notify the applicant to the effect that he requires the area included in such lease to be surveyed and thereupon the applicant shall cause such area to be surveyed by a surveyor approved by the Commissioner and shall fonvard to the Commissioner to be attached to such application a swvey plan. 25.-{1) Upon receipt of an application for a mining_lease the Com- missioner shall cause a notice setting out the main panicu1ars of such application to be published at the expense of the applicant once in the Gazette and once in a daily newspaper circulating in Jamaica and shall give notice of the particulars of such application to any -person who to his knowledge has any inlerest in the area contained in such application. (2) No mining lease shall be granted until at least three weeks have expired after the publication of the notice in the Gazette m; required under paragraph (I). (3) The provisions of this regulation shall no! .apply where the applicant is the owner of all the lands comprised in the area of the application.

26. The holder of a mining lease shaH within ane week of the grant thereof lodge with the Commissioner the sum <>fifty thousand dollars or • such other sum as the Commissionermay in any particular case specify, or give security therefore with one surety, for the pwposes of section 13 of the Act. 27,---(I) Upon Ille grant of a nuning lease Ille holde, !hereof shat~ if requiredby the Commissioner, cause all the bolllldaries of his area to be permanently beaconed or demarcaJed in acoordanoe with the written directions of the Commissioner and shall paint clearly on an iron plate securely bolted to eYeeybeacon on the side facing the ·area the subject of such Jeasehis name and the official munberof such lease. • fThcinclllSionof this page is aulltoriud by LN. 1n006J 10 THEMININGREOULA.TIONS, 1947 .(2) The holder of a mining lease shall during the period of such lease~ (a) maintain his beacons in good condition and proper position; (b) keep clearly painted on such beacons the particulars required by paragraph(]); and (c) keep cut and cleared of vegetation all or any of the boundaries specified by the Commissioner for a distance of not less than three metres from the beacons defining such bound- e aries. 28.-{I) Subject lo the provisions of paragraph (3) the Commissioner may permit the grouping of areas held under mining leases for the fulfilment of obligations and may at any time revoke such perm.it. (2) When grouping of mining leases is pennitted the sum of the working obligations on such mining leases may be performed on some part of the an,a grouped. (3) The groping of mining leases may be permitted on the following conditions- (a) the minerals specified in the leases shall be the same or minerals whichOCCW' associated therewith; (b) pennission to include in the same group lode and allll\-ialleases shall not be granted; (c) the trnnsfer of a constituent lease shall not reduce the obligation of the group.

29. Where the holder of a mining lease desires to transfer his lease or interest or any part or share therein he shall apply for the consent of the Form9, Minister through the Commissioner in the form set out as Fonn 9 in the First Schedule and shall forward with such application the appropriate fee specified in the Second Schedule and if such application is granted the consent of tbe Minister shall be endorsed lhereon.

30. Where the holder of a mining lease desires to sunender it he shall apply for the consent of the Minister tluough the Commissioner in the fonn • • Fonn 10. set out as Form 10 in the First Schedule and shall forward with such application the appropriate fee specified in me Second Schedule and the mining tease. and if such application is granted the consent of the Minister shall be endorsed thereon. [The inelmicn cf this pa~ is authorized by LN. 1/2006) 11/EMININGREGULATIONS,1947 11 31.--(l) Applicationfor the renewalof a mining lease shall be lodged with the Commissionernot later than six mmnhs befure the date of the expirationof such lease and shall be in the form set out as Foim 15 in the l'<!l!ln1~ First Schedule. • .(2) There shall be forwardedwith such applicationthe appropriate fee speci/iedin the SecorulSchedule. (3) Where the holder of a mining lease who has so applied bas, up to and including the date on which his lease is due to expire, not received any notification of the allowance or disallowance of his applicati,on, he may continue his operations until he receives such notification. 32. . Where the holder of a mining lease commits any contravention of the , provisions of the Act, or of any requirement thereunder or of any conditions of the lease, the Commissioner may give to the holder of such lease· notice in the form set out as Form 16 in the First F01tn 16. Schedule.

33. Where a munng lease is terminated for any reason the bolder thereof.shall surrender it to the Commissioner.

34. Where the holder of a mining tease is desirous on the termination of such lease of removing any plant, machinery, engines or tools on the land the subject Of the lease then he shall give notice of such desire to the Commissioner in the form set out as Fonn 17 iµ._theFirst """"'11. Schedule.

35.' Wherethe holder of a mining lease is desirouson th'etennination of such lease of applying to the Commis.sionerfor leave to enter the land comprised in the lease and treat or remove any tailings or stone stacked or dumped by him on the sw-face of such land he shall apply to the Commissionerin the fonn set out as Form 18 in the First Schedule and if Fonn1s. such application is granted the consent of the Commissioner shall be endorse.dthereon. !The indusioo of this page is authori,ed by L.N. l/l006] 12 THEMININGREGUUTIONS.1947 WaterRigh1s ~ O 36. [Deleted by LN. 89ol2004.}, General 37.----{I)•Thefollowing returns and repons of operations shall be made to the Commissioner- • • (i) ·by every holder of a licence who is producing minerals, and every mining lessee on or before the 14th day of each month complete returns covering the operations of the previous month in such fonn as the Commissioner may require showing· t11eamount of minerals won, dispatched and on hand, and such other particulars as the Commissioner may desire: (ii) by every holder of a, licence and every mining lessee .in January and July-a written statement setting forth- (a) the name of the holder or lessee; (b) the date and number of the licence or lease; (c) any change which may ha·vebeen made in the appointment of the attorney, and, in the case of a company, in the officers of the company, during the preceding six months; (d) any change of address of the lessee, holder, attorney or officers: (e) tlie nature of the operations being conducted on the area of • the licence or lease; {/) lhe average number of persons employed on the area in mining or prospecting during the preceding six months; (g) the f!Jrtountpai_din ·wages to persons actually engaged in mining or pfOspectingoperations on the area of the licence or lease, or in supeni.sing such operations during the preceding six months: [The inrhision of 11tisµay is autl,o,iud by LN. t/200-S] THE MINING REGULATIONS. 1947 • 13 (h) the nature and value of any machinery or plant brought on to or removed from the area since the previous . return; (j) the kind, quantity and quality of minerals obtained during the preceding six months and Ute manner in which they • have been disposed of; (/) the particulars of any death or serious accidents which may have occurred amongst the employeesduring the preceding six months; (k) the am0tmt expended in the Island due to prospecting or mining; ({) any further particulars that the Commissionermay call for. (2) The returns required by this regulation shall be signed and certified to be correct- (a) in the case of an individual holder of a licence or mining lessee resident in the Island, by the holder or lessee; (b) in the case of an individual holdei of a licence or mining lessee nol so resident, or in the case of a company, body of persons or partnership having its head office out of the Island, by the resident attorney of the holder, lessee, company, body of persons or partnership; (c) in the case ofa company, body of persons or partnershiphaving its head office in the Island, by the manager or secretary of the company, body of persons or partnership.

38. In the case of opencast mining the Commissioner may deter- mine by notice in writing the angle of slope to be maintained in any mine working SO as to ensure the safety thereof and he may also for the same purpose require stepped benches to be cut on the face ofthe mine. 39.---{l) Save as is otherwise in these Regulations specifically pro- vided. all rO)'alties shall be payable on demand to the Commissioner, • {The indus1ot1 of Chis pa1:;eis authorized by LN. 1/2006) 14 THEMINING.REOULATJONS, J!Hi who may, if so requested and after payment has been made issue a permit to export the mineral on which royalty has been paid. F"""!l. (2) Such export pennit shall be in the form set out as Form 22 in the First Schedule. (3) Every application for a pemrit to export any ntineraJ shall be in • Fomi22J\. the fonn set out as Fonn 22Ain the First Schedule. 40,-{l) In this regulation--- "quarterly period" means a period of three consecutive months commencing on the 1st day of Janwuy, or the 1st day of April, or the 1st day of July, or the 1st day of October, in any year, "tonne" in relation to bauxite or laterite me.ansa metric tonne as specified in the WeighlS and Measures Act (1,000 kilograms) after deducting the moisture oontent of the ore. (2) The rate of royalty payable on all bauxite and laterite mined in Jamaica on and after the 1st day of January, 1984, shall be fifty cents in the CUJTencyof the United States of America, per tonne or any other rate specified by the Minister, being a rate mutually agreed by the Government and the relevant lllinuJglessee. (3) The royalty payable on the total amounl of bauxite and laterite mined in Jamaica by any holder of a mining lease in any quarterly period shall be paid at the end of that quarterly period. (4) The Commissioner shall not issue to any holder ofa mining lease a permit to export bauxite or laterite or alumina during any quarterly period unless the royalty payable on the total amount of bauxite or laterite which such holder disposed of in the manner described in sub-paragraphs (b), (c) and(d) of paragraph (5) during the last preceding quarterly period but one has paid. (5) A permit to export bauxite OTIateri.teOTal\Utlinashall be in the •• form set out as Fonn 22 in the First Schedule with the words "on which royalty has been paid" omitted therefrom. (6) Every holder of a mining lease for bauxite or laterite shall, in respect of each quarterly period, make to the Commissioner a retwn in writing showing~ (a) the amount ofbauxite or laterite mined in Jamaica by him; (b) the amount of bauxite or laterite exported by him; [The inelll'lion of lhis page is p\llhorizal by LN, tn006J THE MINING REGULATIONS,1947 15 (c) the amount of bauxite_ or laterite supplied by him to any other person for processing into alumina in Jamaica and the name of that person; (d} if he is a producer of alumina in Jamaica, the amount of bauxite or laterite processed by him into alumina in Jamaica; (e) the amount of bauxite or laterite which he has on hand. (7) The return referred to in paragraph (5) shall be made within thirty days after the end of each quarterly period. (8) Within three months of the export of any minerals originating in Jamaica, other than bauxite or laterite, or within such extended time as the Commissioner may allow, a sales accounting in respect of such minerals shall be produced to the Commissioner and any adjustments which may be necessary to ensure payment of the full amount of royalty due shall be made.

41.-(l) Subject to regulation 40(2), royalties shall be payable on all minerals at the rate specified in paragraphs (2) and (3). (2) Royalties payable on metallic minerals shall be at a rate of 5% of the commercial value thereof, determined by reference to- (a) the London metal exchange; or (b) the London gold market. (3) Royalties payable on industrial minerals shall be at a rate of 5% ofthe mine gate value. (4) Where the Commissioner considers the value of lhe industrial mineral unreasonable he ·shall detennine the value of such industrial mineral on the basis of the average market price. (5) The holder of a mining lease shall, in respect of each quarterly period, submit to the Commissioner within thirty days after [The inclusion ,if thu. page is ~Ulhori2ledby LN. ll'l0061 --, . H 16 THE MINING REGULATTONS,1947 the end of the quart~rly period, a , returri...ii-I.'M"iting specifying the following particulars ill relation to all minerals extracted or won by him- (a) the quantity by weight; (b) • the grade; (c) (d) the concentration; and the value per unit of weight. • (6) The Commissioner may, in his discretion, extend the time specified in paragraph (5) for making the return. (7) Where the holder of a mining_lease fails to make a return or to pay royalties pursuant to these Regulations or if his returns are not substantiated by his records, the Commissioner may make an assess- ment of the royalties payable by that person. (8) Where it appears from an inspection, audit or examination of the books, records or documents of the holder of a mining lease, that these Regulations have not been complied with, the person making the inspection, audit or examination shall calculate the amount of royalties payable by the holder of that· mining lease· and the Com- missioner shall assess the amount of royalties so payable. (9) The Commissioner may, at any time he considers reason- able, assess or reassess any royalties payable by the holder of a mining lease in respect of any period not being earlier than six years prior to that • date of such assessment or reassessment. ( I 0) Where the Commissioner has made an assessment under this regulation, he shall send a notice of assessment by registered mail or by personal service to the holder of the mining lease requiring that the amount of royalties due under the assessment be remitted to the Commissioner or otherwise accounted for. [The inclusion of this ?3iC is authorized by L.N. 1!2006] THEMlN!NGREGULATIONS.19n 16.0l (11) Liability for the payment of royalties imposed under these Regulations shall not be affected by an incorrect or incompleteassessment or by the fact lhat no assessment has been made. (12) The Commissioner shall not be bound by a return or information delivered by or on behalf of any person under Orisregulation and may, notwithstandinga return so delivered or if no return or information has beeri delivered, assess tbe royalties payable under this regulation. ·• (12A) Every holder of a mining lease who, in respect of any quarterly period, fails to-- (a) make a return in ac.cordancewith paragraph (5), shall be liable to a penalty of an amount equivalent to 5% of the sum payable for that period but such penalty shall not in any case be less than fifty thousand or more than one hundred thousand dollars, whichever is the greater; or (b) pay the royalty due, shall be liable to a -penaltyof an amount equivalent to 15% of the royally payable for lhat period. (12B) Interest. shall be chargeable for that period at lhe rate of 15% per annum on the amount of any royally payable from the day on which such royaltybecomes due until the date of payment thereof. (13) In paragraph (3) "mine gate value" means the value of indus- trial minerals which, at the mine, are ready for sale or transfer.

41A.-(l) A holder of a mining lease shall, ·withinthiny days from the date of receipt of a notice of assessment, pay the assessed royalties then remaining unpaid, whether or not an objection or appeal is outstanding in relation to the assessment. (2) Where, in the opinion of the Commissioner, the holder of a mining_lcaseis attempting 1o·avoidpayment of the royalties pursuant to this regulation, the Commissioner may direct that anroyalties as set out in the notice or assessment shall be paid forthwith. 41B.--{1) Where the holder of a mining lease objects to an assessment made under regulation 41, he may, .,.,']thinsixty days from the date of receipt of the notice of assessment, serve on the Commissioner,a notice of objection in duplicate in a form approvedby the Commissioner,setting out the reasons ·for the objection and all relevant facts. (2) Upon receipt of the notice of objection, the Commissioner shall with all due dispatch reconsider the assessment and vacate;confinn (The inclusion of this page is .iulhorized by LN. 1/2006] 16.02 11lE MININGREGULATIONS,1917 or vary the assessment or reassess it and he shan forthwith notify the bolder of the mining leases of his ~ion by registered mail or by personal service. 41c-{1) Where a person who has served notice of objection under .- regulation 41B is dissatisfied with the decision of the Commissioner thereon, he may appeal to the Minister to have the assessment vacated or varied (2) The Minister may dispose of the appeal by- (a) dismissing it; or (b) allowing it and- (i) vacating the assessment; (ii) vmying it; or (iii) referring it back to the Commissioner for re- consideration and assessment

42. Where the holder of a licence ot a mining lease is neither the owner nor the occupier of the land he shall unless the owner or occupier agrees to a shorter period, give fourteen days' notice to the owner or occupier before commencing prospecting or mining operations thereon. 43.-{1) The holder of prospecting or mining rights shall forward to the Commissioner when lodging the deposit required by section 11, 12 or • r_, n. 13 of the Act a notice in the form set out as Form 23 in the First Schedule. [The irn:lu:.ir:m of this pa~ is authorized by LN. Jl,006] THEMINJNGREGUU.TJONS, 1947 17 (2) On temrination of the prospecting or mining rights the holder may make application for the return of such sum or any part thereof which remains unexpended. lodged under section 11, 12 or 13 of the Act, in the form set out as Form 24 in the First Schedule and if the Com- F<mnu. mis,tjoner is satisfied that there are no further claims against any stich deposit he may cause web deposit, or such part thereof, co be returned to the holder: • Provided that any such retwn shall not relieve such holder from any claims to which he may be liable. (3) Where the owneror occupier of land has been awarded any sum as compensation under section 12 of the Act and has not received payment as provided in such section, then he may apply to the Commissioner in the fonn sel out as Form 25 in the First Schedule Fonn2s for paymenl out of lhe amowtt lodged of the sum so awarded and in the event of such payment he shall give a receipt therefore to the C-ommissioner.

44. Every mining lessee shall keep, to the satisfaction of the Com- missioner, proper books, records and accounts showing lhe expenses incurred and the profits earned, and the Commissioner or any official authorized by rum in writing shall have access at all times to such books, records and accounts, and shall be entided to make extracts therefrom. 45.----(1) Evezy holder of a licence and every mining lessee who is not resident in the Island or who intends to be temporarily absent from the Island shall appoint some person resident in the Island as his attorney with full poWers to represent him during his absence from the Island, in alt matt.er • relating to his lisei,ce or mining lease. (2) When any company, body of persons or partnership, whose registered or head office is outside the Island, is a holder of a licence or a mining lessee, such company, body of persons or partnership shall at all times be represented by an attorney resident in the Island and having full powers to represent such holder. or lessee: in all matters relating ~o such licence or lease. [The iocl11Sion of this page is autbo~ by LN. 1120061 18 THEMJNTNGREOUIATIONS.1947 (3) fa·ery holder. or mining lessee-•\\'liogives a power of attor- ney as required by paragraphs (1) aJJd (2) shall forthwith forward to the Commissioner a copy of such power .of auomey and shall likewise on the re\'ocation or variation of such power of attorney forthv,i.thforward a copy of any document effecting such revocation or nriation .. •

46. The fees set out -in the Second Schedule shall be paid in respect of the matters and things specified in thal Schedule. 47.---{l) The Commissioner shall keep a register of prospecting rights, licences, mining leases and rights of passageway and of documents creating, terminating., assigning or transferring such prospecting rights, licences, leases or rights of passageway or any right, title or interest arising therefrom. (2) Any person desiring to apply for the registration of any document creating, terminating, assigning, transferring or in any way,,dealing with or affecting any licence, mining lease, or right of passageway, or any right or interest under the same, shall send the original document, with a copy thereof and a copy of any plan attached to such document together with the prescribed fee, to the Commissioner, with a request that it shall be registered, and the Commissioner having first satisfied himself that the copy of the original docum~nt and of the plan {if any) is correct, and that the requisite approval of the creation, tennination, assignment, transfer or other transaction has been obtained, and that the document if liable to stamp duty has been duly stamped, shall endorse on the document over his signature the word "Registered" together with the date on which the document was presented for registration and shall return the document so endorsed to the person \vho presented it for registration, and shall file the copy in the register.

48. In the event of a slate of national emergency or war (of ihe existence of which the Minister shall be the sole judge) 1he Minister shall have the right of pre-emption of all minerals mined under the lease 9 and all products thereof and shall also be at liberty to take control of the mining operations of the lessee. Mineral Dealers Fcm,"26. 49, Minera1_dealer'slicence sha11be in the form set out as Fonn 26 in the First Schedule. (The inclusion of lhis ~ i$ authorized by L.N. 112006) 11/EA/IN/NGREGUI.ATIONS,19-17 19 Special provisions applicable to Bauxite or laterite 50.---(l) Subject to the provisions of paragraphs (2) and (3), a mining lease for bauxite or laterite may be granted to any person whether or not such person is the owner in fee simple of the land. (2) No mining lease for bauxite or la1erite shall be granted to any person other lhan lhe owner in fee simple of the land where, on lhe 1st April, 1957- (a) lhe land was owned by a company holding a mining lease for bauxite or laterite in respect of Olherland; or (b) lhe land was lhe subject of an option to purchase held by such a company. (3) No mining lease for bauxite or laterite shall i:?egrant~ to·31ly person other than the owner in fee simple of the land whe"rethe'land is Owned by a company which, on the 1st April, 1957, held any mining lease for bauxite or laterite and the land is land which is describedby the Minister, by order, as land to which this paragraph applies. (4) In this regulation "company" does not include- (a) Kaiser Bauxite Company; (b) Reynolds Jamaica Mines Limited; (c) Reynolds Jamaica Alumina Ltd., Kaiser Jamaica.Corporationand Anaconda Jamaica Inc., each in its capacity as a partner in lhe firm which carries on business in Jamaica under the finn name of Alumina Partners of Jamaica, but includes, in relation to any other company holding a mining lease for bauxite <lrlalerite, any company, present or future, conblllling, controlledby, or wuler common control with, such a company.

51. The royalty on bauxite or laterite_shall be calculated on lhe weight of the ore· mined. as ascertained by such method as the Commissioner may approve, after deducting therefrom the moisture content. • 52.-{1) A minimum royalty charge shall be payable in each year ascertained on a basis of twenty-five tones of bauxite or laterite being mined (whether or not such amount has in fact been mined) for each hectare, or part thereof; held Wlderthe mining lease: Provided that a mining lessee shall only be liable to a minimwn royalty charge equivalent to the royalty on five, ten, fifteen and twenty tonnes for each heclan: for lhe first, second, thin! and fourlh years of lhe tenn respectively. (The inclllSionor this page is a..ihmizcd by LN. L/2000] 20 THEM/NINGREGUIATJONS.1947 (2) Minimum royally charges may be averaged over fiye-year periods, the first commencing on the date of the commencement of the mining lease and the subsequent periods following consecutively, but an)' e.-.,:cess or deficiency in any five-year period shall not be taken into account in any other five•)'ear period. (3) In this regula1ion "tonne.. has the meaning specified in re- gulation 40 (1).

53.-(l) As soon as may be practicable, and in any eYent not later than three years after mining operations are concluded in any area. the holder of the mining lease shall restore every hectare of land distmbed for mining in such area. as nearly as may be practicable, to the level of agricultural or pastoral productivity or of utilization for afforestation purposes or such other uses as may be appro,·ed by the Commissioner or the Town and Country • Planning Authority, as the case may require, and for the pwpose .ofsecuring such restoration the holder of the mining lease shall- (a) before commencing mining operations in any deposit, remove die top soil thereof to a_depthof not less than fifteen centimetres; (h) keep the top soil so removed stacked and preserved until such time as it is replaced in accordance \\aithsub-paragraph(c); (c) within two years after mining· operations have been concluded in the pit- (i) utilize, n,move, clea, o, dispose of all soil, debris and rubble in such a manner as to effect a smooth grading and prevent the creation of unsightly mounds and dumps in the area; and (ii) replace the top soil which was removed therefrom except where exempt by the Commissioner; (d) construct suclt drains, trenches, drainages and works as will prevent the pennanent accumulation of water upon or with- in the area, if such accumulation would, in the opinion of the Commissioner, be detrimental to the well-being of the land; and (e) provide reasonable access to the area. (2) The provisions of paragraph (I) which specify the measures to • be taken by the holder of a mining ieasefor the purpose of securing the .restorationof mined land as nearly as may be practicable to its fonner level of agricultural or pastoral productivity or of utilization for afforestation purposes or other uses approved pursuant to paragraph (1), shall not take effect in any case in which the Commissioner is satisfied lhat compliance therewith would- (a) not be practicable as part of the operation of mining; or (b) not be consislcnt with good mining practice; or [The ind1'5ion of this page: is aufuorized by LN. lr.!006J THE MINING REGULATIONS,1947 21 (c) be unreasonable or likely to raise costs out u1 proportion to the value of the ore body or to normal working costs or to the agricultural value of the land or to the final results likely to be achieved; or (d) render uneconomical on otherwise economical mining operation. (3) A lessee shall, before commencing any of the operations • specified in sub-paragraph (c) of paragraph {l) and from time to time during the course of such operations, consult the Minister and the Commissioner in relation thereto, and shall do or cause to be done all such things as the Minister or the Commissioner may reasonably require to be done for the effective compliance with the provisions of that sub-paragraph. (4) For the purposes of this regulation and of regulations 54 and 55- (a) "pit" means a hole or cavity in the ground m,ade by the open cut method in order to win minerals; (b) mining operations in any pit shall be deemed to be concluded where, at any time after commencement of such operations in such pit, such operations are discontinued by the lessee and are not resumed upon a substantial scale \1/ithinsix months next after the date of such discontinuance, unless within such period the lessee satisfies the Commissioner- (i) that the facontinuanee or the failure to resume opera- tions within such period was due to circumstances wholly beyond the control of the lessee; or (ii) that the lessee intends to resume operations upon a substantial scale in such pit within such further period as the Commissioner in his absolute discretion may consider reasonable. 53A.--{l) Subject to paragraph (2), every holder of a mining lease shall, for rehabilitation of the land on which mining is catTied out, maintain on deposit with the Commissioner, security in such amount and form and subject to such conditions as the Commissioner shall determine. (2) The Minister may, owing to special circumstances or in special cases, grant exemption in whole or part from the deposit referred to in paragraph (1), subject to such terms and conditions as he may impose. (3) Where such rehabilitation is not carried out in accordance with the requirements of these Regulations or of the terms and conditions of the mining lease-- (a) the Minister may authorize any person to enter upon the premises on which the mine is situated and perform such work as is necessary for rehabilitation; and [The inclusion of !his pay is authorittd by L.K l/20061 2: THEMININGREGULATIONS.1947 (b) the costS iliereof shall be reci)vekdfrom the amount deposited and lhc baJance (if any) shall be refunded to the holder of the mining lea~. ~54. Upon concluding mining operations in any pit Qte lessee shall apply to..the Commissioner for a certificate that the requirements of sub-paragraph (c) of paragraph (1) of regulation 53 have been complied with, and the • Commissioner upon being satisfied that such requirements have been complied with shall issue to the lessee a certificateto tbat effect. 55.--{l) A holder of a mining lease who fails to obtain a certificate under regulation 54 upon the conclusion of mining operations in a pit shall pay to the Commissioner for and on behalf of the Government the swn of twenty-five thousand dollars in the currency of the United States of America or the equivalent of that amount in the currency of Jamaica for each hectare of such land. (2) Where a pit is not restored within the period specified in regulation 53(1) the holder of the mining lease shall, for each year during which the pit remains unrestored, pay to the Commissioner,the sum of two thousand·five hundred dollars in the currency of the United States of America or its equivalent in the currency of Jamaica for each hectare of land disturbed for inining. • (3) The Commissioner may ex1endlhe period for restorationof the pit if the lessee satisfies the Commissioner that such extension is reasonably warranted. I

56. Every company holding a mining lease for bauxite or laterite shall furnish to the Minister when so requested by him such particulars and such documents as he may require in respe.ctof- (a) the capital structure of the company: (b) any sales or purchase contract; (c) any management, service or licence agreement~ (d) any fioancial statement, including any profit and loss account or balance sheet; and (e) any income tax rctwn filed in a counl:Jyother than Jamaica in respect of its operations in Jamaica, and shall give to the Minister in addition any such other information as he may reasonably require for lhe purposes of making, reviewing or confirming any agreements or arrangements that he may ~onsider necessary for the orderly developmentof the bauxite industry.

57.-(1) Every company holding a mining lease for bauxite or latcrite • shall furnish annually to the Minister a return setting out- (a) the amount of bauxite or laterite sold by the company on the open market during the year and the average price realfacd; ; [The inclusion of this inas~ U authorized by LN. 1120061 THE MINING REGULATIONS, 1947 23 (b) the amount of bauxite or laterite sold or transferred by the company to an associate company and the pcice at which such transfer or sale was effected; (c) particulars of the costs applicable to the operations of the company in the Island during ihe year in relation to the fo11owingitems- (i) mining, transportation and dcying: (ii) administration and overhead (distinguishing local from overseas); (lii) interest applicable to local operations; (iv) income tax paid in Jamaica: (v) payments other than income tax made to the Oovem• ment of Jamaica; (vi) normal depreciation: (vii) costs other than those enumerated above; (d) particulars of special deductions allowed in computing profits for pu.rposesof income tax under tax Jaws of countries other than this Island affecting the operations of the company in the Island; (e) particulars of the reserves of bauxite or laterite in the Island owned by the company or by associate companies showing-- (i) the reserves at the beginning of the year and indicating where necessary, any revision of figures previously supplied; (ii) any reserves acquired or proved during the year: (iii) the amount of bauxite or laterite mined or otherwise disposed of during the year; (iv) the reservesat the end of the year, and. wherever possible, distinguishing between commercial and non• commercial bauxite or laterite. (2) In this regulation- "associate company" means, in relation to a company holding a mining lease for bauxite or laterite, any company, present or future. controlling, controlled. by, or under common control with, such a company: '"commercialbauxite or laterite.. refers to bauxite or laterite which contains at least 47% alumina (by the standard difference method) and not more than 4% silica on a dry basis; [Tu . iDclusian ' vf this pap·» . aulhoriad • t,y L.N. ◄/1976) 24 THE MINING REGULATIONS, 1917 "open market" refors to a market where buyer and seller are inde- pendent of each other.

58. Every company holding a mining lease for bauxite or laterite shall furnish annually to the Commissioner of Mines a return setting out- (a) the amount of capital investment undertaken in respect o( operations in the Island during the year and an estimate of the proposed investment in the next succeeding year showing separately the amount spent or, as the case may be, to be spent on- (i) land and development; (il) buildings; (iii) machinery and equipment; (iv) construction in progress; (v) other capital investment, and, wherever possible, indicating separately capital expenditure in the Island and capital expenditure in respect of undortakings in the Island which are made elsewherethan in the Island; (b) particulars of disbursemenls in the Island and elsewhere in respect of operating expenses of undertakings in the Island showing amounts spent on- (i) wages: (ii) salaries; (iii) other services; (iv) materials and supplies; (v) machinery and equipment; (vi) othor items (specifyingany major items). and, wherever possible, indicating separately amounts spent in the Island and amounts spent elsewhere; (c) particulars of the number of persons employed by the com- ( pany at the end of the year showing the number of persons engaged in- (i) mining and related occupation; (ii) construction; ,, (iii) agriculture; (iv) other occupations; flbe Jnduaioa.of thil »aaoII autborlzed by L.N. 4/ lt761 THEMININGREGULATIONS,J947 25 (d) the average grade of bauxite or laterite mined during the year.

59. Returns required to be furnished by regu]ations56 and 57 in respect of any year shall be furnished within ninety days after 31st day of December of that year and shall be signed and certified to be correct- (a} in the case of a company having its head office out of the Island, b)•the residentattorneyof the company; (b) in the case of a company having its head office in the Island, by the manageror secretaryof the company. Special Mining Leases for Bauxite or laterite

60. Where application is made for a special mining lease for bauxite or laterite pursuant to section 46 of the Act the provisions of these Regulations except regulations 23 and 27 shall have effect subject to the following modifications- F<'rm21 (a) for the reference to "Form 12" in paragraph(l) of regulation22 there shall be substituteda referenceto "Fonn 27"; (b) the sketch plan required by paragraph (2) of regulation 22 shall show, instead of the location beacon, particulars of the metric squares and the relative position of each of the applicant's holdings within the metric squares affected by the application; (c) for the reference to "Form 14" in paragraph (4) of regulation 22 there shall be substituteda referenceto "Fonn 28".

61. Upon the grant of a special mining lease for bauxite or 1.ateritethe holder thereof shall cause the boundaries of all his lands included in the special mining lease lo be permanently beaconed or demarcated in accordance with the written directions issued from time to time by the Commissionerand sfo1llduring the period of such lease keep such boundaries • demarcatedin accordancewith such written directions. 62.-{l) An application made pursuanl to section 47 of the Act for the addition of other lands to a special mining lease for bau.x.iteor laterite shall Fom119. be made through the Commissionerin triplicate in the fonn set out as Fonn 29 in the First Schedule. (2) There shall be forwardedwith such application- (a) the appropriatefee specifiedin the SecondSchedule; [The inclusion of this page is authorized by L.N. 112.006) 26 THEMINING REGULATIONS, 1947 (b) a sketch plan in quadruplicate showing to the satisfaction of the Commissioner the following details- (i) the main topographicalfeaturesin and about the area appliedfor in such manneras to enablethe boundaries to be identified on the ground; (ii) an approximateestimate in square kilometers of tlie additional area applied for; (iii} particular.. of the metric squares in relation to which the application is made and.of those in relation to which e the special mining lease aforesaid was granted; (iv) such other infonnation as will enable the area to be delineated on the general map of the district in which the area applied for is situated. • [Th~ incllllion of this Jllllll' is strlhorized by LN. 112006] THE MINING REGULATIONS, 1947 27 FIRS'f SCHEDULE FORMNo. I (Rcaulatlon 3) Tim MJNJNGRJGULATIONS,1947 Application for a Prospecting Right or Renewal thereof To the Commissioner:

1. Naine of applicant........................................................................... . 2. Nationality of applicant .................................................................... .

3. Age of applicant............................................................................. .

4. Address in Jamaica at which notices, etc., may be served................... .. S. Whether the applicant intends to prospect on bis own account, or as aa aaent of aay other penon ................................................................. .

6. If he ii in the employ of any other person, the name and address of IUCb. person. ........................................................................................... ..

7. Wbeth01' he has previously made ao application for a proapectin1 rlaht ot llceoce, and if ao, whether any such application baa been nfused. .......... . .........................................................................................

8. Whether the applicant or his employer (if any) baa been convicted of aa offence against the Mining Act. or ~ously he.Id any prospecting riibt. licence or miDiDa lease in Jaawca which has been ffl'Oied or forfeited.......................................................................................... .. ..........................................................................................

9. I am (not) ill poasesaionof a Valid proapectins riaht or l hereby sunender prospectina right No ................ .. tstrlh out whiclievn Is inoppllcable)

10. I attach bereto from my priaclpal an UDdertaling ill lhe preacnoed form. (Strik. out If inapplicable).· U. I forward herewith the appropriate feo. I hereby declare the above particulars to be true. FotM No. 2 (Reaulation 3) Tim MININGltBOULATION9, 1947 Prospectlng Right No ............................................... . Tho right. subject to the provisions of the Mini8' Act and of the llegulati0119tbemmdet now in forco or whic:h may come mto force duriq: the continuance of this right, is hereby granted to (1)......................................... . of ......................... ············•• ......................................................... -,eat for rib8 inc1iPioa. of 1Mt ~ U authorbiod by L.N. •Jt~ 28 THE MINING REGULATIONS, 1947 ~'ihO'daio"hereof'io'prolpectfotmiiimii."······· .. •••••••••............ for ODO year 'lblo....................................... day of ....................................... 19........... . Fee: ....................... c~;··········· ..··········· (l) Herfl iaaer1 11ame, addtea. and description of pro,,pect.Or. (l) If 1116~to, is to - this rifbt u aae,:,t, aWfl name, adokeu and doteripdon of priocipal. FOllN No. 3 (lteaulation 3) 1'BI MININOllJ3ouu.11CM,1947 Uwn-, >, Prlndpal In coneideralion of the grant of a pro,pcctioa: rf8htto ................................ . said ......................................................................................................... . done or purported to be done in the course of prospectiq operations ooder pro,pectina rifbt No ........................ aranted to him as my/ our aaent. and to Pt-l' to the Commissioner or to any other person any IWll payable by the said....... .. ................................................... under or in respect of such riJbts or aote or omissions. FOltM No. 4 (Regulation 6) 'I'HB MININO B.tloou.nONS, 1947 Notice to Show Cause To .......................................... tbe holder of pr01pectina riJbt N"················ Whereas it has been brouaht to my attention that you have committed the following contravention of the provisions of the Minina Act or of the Reau}ations thereunder or of your prospectina riJht ................................... . Now, therefore, J hereby require you to show cause to me at .................... . .......................................... on or before tho.......................................... in wriiina (or by attending penonally) why your prospecti.na riJht should not be revoked. ......................• C~;,'.,~iS.riO',;e; ........ •••........... ' (R.eplation 10) Tea MOONORaoVl.AnoNS.1947 Applicallon for an Exclusive Prospecting Licence To the Minister through the Coo'lmissioner. Oate and hour of receipt by the Commissionei:...... _..... ., .,. ................... .. (The IAd\ll1o;a of tbil paao ii atKborlzod by L.N. 4/ l'76J THEMININGREGULATIONS,/947 29 I. Name of application....... . 2. Nationality of applicant.... .

3. Name am;I nationality of directors of company, body of persons or imrtnership (ir any) 4, Address in Jamaica at which notices, etc., may be served • 5. Number ofa?plicanl's pros?tcting right. ...

6. If a pros!)t'Ctingright was hdd by an individual as a@:entfor the applicant, name of that agent and number ~fhis prospecting right ..... .

7. If no prospecting right is held by the applicant or his agent, the special circumstances in which he is asking for the grant of the licence

8. P11rishand approximate area (in square kilometres or part of a square kilometer) of area applied for..................................... .

9. Mineral for which applicant desire:,;to prospect................... .

10. A financial statement as to 1hc-position of the applicant ls appended hereto. 11. ls a copy of the memorandum and articles of association lodged with the Contmissiom:r? If not. a copy must be enclosed herewith.

12. A.sketch plan as required by the Regulations is attached hereto.

13. The date upon which the location beacon wa&erected was.

14. The appropriate licence fee is forwarded herewith. l 5. The delineation of the area is as follows- An area of approximately square kilomctcn;. The location beacon consists or and is situated approicimatelyal the intersection of false co-ordinates North East on sheet orthetopo• graphical map of Jamaica. The flm comer is oituated appro:.:imatdy at the intersection of the false CO• ordinates North and East, ap!)roximately metres distant from the location beacon OI\an approximate grid beating of degrees. The second cmner is situated approximately at the interacction of the false co- • ordinates North and East, approximately metres distant from the first comet on an approximate grid bearing of dt&f'es. The 'third comer is situated approximately at the interseetion of the false co- ordinates North and East. approximately mctmi distant from the second comer on an approximate grid bearing of degrees and is mctRs distant from the location bearon on an approximate grid bearing of degrees, Signature,:,/ applkanl NOTE-All descriptions should be clockwise. ~ inclusion of lhis page ii authoru:edby 1,.N.1/2006] 30 THEMININGREGUUTIONS.1941 FOR.MN0.6 (Regulation 10) 11m MMNo R.EOULATIONS-_ l947 Exchu/ve ProtpdctingLJcence No ... The exclusive licence. subject to the prnvisioru; of the Mining Act lllld or the Regulotiom; thereunder, now in force or which may come into force duting the continuance of this licence or any renewal thereof, for one year from the ............... day of •. suDj..ctto the special conditions hereunder written. is lu:reby granted to ... . (here insert name, address and descrtpdon qflicer1ue) to prO!!pCCIfor the following mineral.. . .. with the follov.ing limits (here inserl boundaries of arM) as deJilleatedapproximately on the phm anaciled her-do and coloured .... This ........... dayof .... 19.. Minisfer SPECIALCONDJ110NS FORM.NO. 7 (Regulation 16) THE MININOltEOULATIONS,1947 Appl/cation for relft'M'Olof Licence To the Minister through the Commi5sioncr. I. Name ofapplical'lt ...................... .

2. Number ofapplicaul's licence for which application.to renew is being mt.de ................. .

3. State wbelher alluvial or lode depo5it5are being eKplored...

4. SUtc whether reMwai is.6oo.ght.Wf the whale m'tM lllU. <ll" only IIpart

5. If renewal is IOllgbt for only a part delinealion an approximate area must be given (se,, under) and a sketch plan of the area applied for mui;t~ aJtached. 6. the appropriue RUCWalfee is f«wardcd hcnwilh. • "'DELINBATION An area of approximately. , ......... , ............... . The location beacon consist, of ..... . .. . . . . ... . . . .. .. . . . ... . . . . ... . . ..and is situated Bl ~ inclusion of this page is aulhorized by LN. 1"!006) THEMININGREGULA.110NS, 1941 31 The first corner bca<:onccnsists of..... .............. ........ and is situated . . . . .. . . ... .. . . ... . metra cliatant from the JOQdionbeaoon on an l!ppfOl!imstc bearingor... . . . .. .. .. .. . . ........... degrees. The second corner beacon)consifllll of..................................... and is situated ......................... metres dilitBDt&om the find. wmer beacon on 1111 llflPl"Oximate magnd.icbcmringof......... , ..................•. dcgcea. The lhird comer beacon consists of ..................................... and is situated .... mdres distant from the second comer beacon on an ~ • magneticbearing of.. ............................ dcgrces and is .. . ,metres distant from &helooationbeacon OIi an approximatemagneticbearingof ........... . . ........................··········-················degrees. "N11!B-All~t!,ouldbedockwise. FORMN0.8 (Reg11lationI 7) Tull MININGREGULATIONS. 1947 Notice fDShow Cause To............ . . ................ lhe holdm-oflioencc No .. Whereas it has been brought to the attmrtion oflhe Minister that you have (or your attorney or manager., ........... . has) committed the following contravention ofthe provisions ofthe Mining Act or ofthe Regulationslhereund«, or of YOU!"liceDCC ... now the.-efORyou 11Tehereby required to show CRusetome at ................. :............... . .. ..... ,.......................... ,., on or beforethe . .... . .................. in writing (or by attending pcnonally) why your licellce should not be revoked. Commluf011er FORMN0.9 (Regulations 19, 29) THEMININO REGULATIONS, 1947 Tromfer To the Minisierthroughthe Commissioner. L . ....... the holder of liCCM:e/mining!cue No...... . to transfer sud! licence/lease to .. . The reason for my application is .... The following an: the partia.dan of the persons to whom I am applying for pcnnissioo to transfa--

1. Nameofapplicant ...

2. Nationality ofapplicant ....................... . [The intlusion of this page is awhorized. by LN. 112006) 32 TJIEMINJNGREGUI.ATJONS.1947

3. Address in Jamaica at which notice&,etc., maybe served ................... .

4. Name and Nliiona\ilY of directors of1he company, body of person&or partnmihip (if any) ...... .

5. A financial statemenl of the position of the applicant is appeiided hereto.

6. If a copy of the memorandum Md mticlw of associatioo has not already reen lodged with the Contmissiom:r a cc,py must he enclosed herewith.

7. The appropriate transfer fee i~ forwarded herewith, Signature r,f applicant • l desire 10 acquin::the interest above refined to and the above particulars are correct. Signature of the person to "''hornappli- cafion for rro1ufer Is made Consent is given to the above transfer. Mlnlsler FORMN0.10 (Regulations 20, 30) 1tffi MINING REoU-UTIONS. 1947 Sunender To the Ministi:rthrough the ConnniS~iom:r. I. . .... :th.i holder of lic,:nce I mining lease No... ...... hereby app!y for your consent to Sllffendcr my licence I miningle.a.~e • Tile reasons for my appliC3tionatt .. l forward herewith my licence I mirting kase fl.mlhe 8j>pl'(lpriatcsurrcnderfee. Signarnre <'{holder C0nSC11t is given to 1he surrender. .Wirii!ltr Date .. [Th,, inclLnio~of this page is a~lhorizcd by LN. 1/2006] THEMININGREGULA.TIONS,19'7 33 FORMN0.11 {Regulllion ll) TlfBMMNO Rl!Oln.ATIONS,1947 Certificate on terminationof Licence To the Commissioner. I. Name of holder oflicence .......... . •

2. Numb« of the licence..

3. Date oftenniiaatio11oflhe licence ............................................................ . I hereby certify lhd all the eiu:avatimm(a fort whmeof11ppearnber-etmdm)have been sccw-edin the permanent manner 8d ®t below against each excavation, and I also certify that I have removed ,ill beaOOIIB marlcingout the boundaries oflhci an:a the HUbjedofthl: licence whiCh bas been termillllted and that I have complied with the provisions of section 29ofthe Act. Mwma- in which secured (o) (b) S;gnature of holder- FORMN0.12 (Regulation 22) THEMINlNOREoULIITIONS, 1947 Appliootionfar Mining Ll!J:J:re To the Minister through the CommiHioner. Dateand hD\IJ of receipt by the Commissioocr. I. Name of applicant. ,. Natiollllli1yofappliCIIIII.............. . ,. Name and nationality of members or direelors of the company, body of persons or partnership (ifany) ... '

4. Addnss in Jamaica at which notices, etc., may be served ..... , ............. , ............. .

5. Number of the applicant's prospecting right of licence .....

6. Parish and area (in square kilometres OI" pal1 ofa square kilometer) or.the area applied • ((ll'" ........ , .... .

1. Mineral for which the applicant desires 10 mine.... .,, ........... . ,. Length oftenn desir..d.... ,. A financial statemern.of the position oflhe applicant is appended hereto. IO. In lhe case ofan application by a company if a copy of the memonindum and articles of association hu Ml already !:teenlodged with the Conmussioner a copy must be enclosed herewith. . 11. The date on which lhe location 1:,eaconwas erected was ..... .

12. A skelch plan as required by the Regulations is attached hereto

13. The appropriate mining lease fee is forwarded herewith. (The inclu.sion of this pa~ is authorized by L.N. 112006] 34 THEMININGREGULATIONS.1947

14. The delineation of the area is as follows-- The area ofapproximately square kilometres The location beacon consists of and is siruated appro,cmately al the intmiection offalse co.ordinates North 811d East on shut oflhc topo- gn,phical map of Jamaica_ 1be first comer situated approximately 11 the intm~ion of the • false co-ordinates North and approximately approximllte grid bearing of metres distant from the location beacon on an degrees. ""· The second comer is situllled. approximately at tlie intersection of the false co-ordinates North and East, approximately metre, distant from lite lint comel" on an approximate grid bearing of degrees. lne third comel'" is situated apprmcimately at the intersect.ion of the false co-ordinates North and East, ~prproxim,rtcly metres distant from the scoom:I comer on an approximate grid bearing of degrees and is melres distant from the location beacon on an approximate grid bearing of degrees. FORMN0.13 (Regulation 22) TlmMlNINGREGULAT!ONS, 1947 T emparory Penni3si,;m tQ Mim: This temporary permission lo mine is granted to .... . . .. . . . . . . .. . . . . . .. . . . . .. for the purpose of mining .... . . . ............ ... in, under or upon ...................... . in respeet of which an applicalion for a mining lease has been made by the said .................................... which said area.is <lclincatcd on the application plan hereto 1111Dexed fumishlld by the Mid... . ...................................... for a period of ........................ subject to !he provisions of the Mining Act and of !he Regulaii<lDSmade thermnder, which 11renow in force or which may hereafter f:Ome into force during the continuance of this temporary permission and subject to the following conditions and restrictions ...... . Re11tpayabl=- •Dated thl:_. . ....... dayof ....... , ........................... 19 .............. . Mlntsrer FmlMN0.14 This mining lease is granted to THEMININoREoul.ATIONS, 194? Mining Lease (RcguW.iO!I l2) ..................................... of • ...................................................... fur the plDpOIIC of mining ....................... . .. . . . ............ , .............. , ......................................................... in, under oa-upon ............................................ .as the same is ddincalcd 011 the plan annexed hereto and f:Oioured........................... b IIItesm of ............ years from the ....................... ,.dayof .............................. subject 1o the provisions [The inclllSion cf this page 1§ authori7.cdby LN. 1!2006] THEMfNINGREGUUTIONS, 1947 35 of tlie Mining Act and of the Rcgulillions made thereund~, which are now in fo. as well as lo any regulations which may come into force during lhe continuarice lhis lease and relating to the safe working of the mines or to health or welfare of the persons employed the-rein, and subject also 10 the fol\cwing oonditions- 'The surface rent payable in re5Pcct of the lands comprised in this Lease is • Dated the .. FOR.\i!N0.15 . ..day of ..... . Minister . .. 19 .. (Regulation 31) l)IE MINING RF..GULATION& 1947 Application for Renewal of Mining u,ue Totlie Mini~terthrough the Commissioner. I. Name ofapplicanl ...

2. Number of applicant's mining lease .. ). Minenil for which applicant desires to mine.... ,

4. Length oftenn desired....... . S. If the application is for any area less than the area cove-red by the lease a sk.:tch plan as rnquired by the regulations m11st be attached and the delineation with the beacons set out.

6. The appropriate fee is forwarded herewith. Date. Signalllre ofappl,can/ FORMN0.16 (Regula1ion 32} THE MINING REGULATION& 1947 Notice of contral't'ntian loMiningl..asee To ...... holder of mining lease No. • Wh«eas it has been brought to my notice tha1 you have {or your attorney or manager . ......... has) committed the following contravention of the Mining Act or the Regulations made llrereunder, or of the oondi1ions of yo11r,mining lease Now therefore hereby require you to remedy that contravention on or before .................. and if you do not your Ji:ase will be liable to revocation. Date.. Cammiuianer [The inclusion of this page is authorized by L.N. 1/2006) 36 THEMININGREGULATJONS, 1947 FORMNO. 17 (Rilgulation 34) THEMININGREoul..ATIOOS..1947 No/ice ofremoval of plal1l To the Commissioner. 1 .. ...... ... ... . ....... who was holder of mining lease No.... . .......... which terminated on .............. hereby • notify you of my intention to remove from the area of the lease the following plant, machinery, engines ot tools- 11ieremoval of the abovementioned articles will be completed by, .. Signature ofhouier R'.'.ll!MN0.1S (Regulstion 35) THE MINING REGULATIONS,1947 Applicalir:m lo Troot Tailings To the Copmtissioner. the holder of mining lease No. . .... whic-htennimded on ...... hereby apply for leave to enter the land comprised in such lease and to treat/femove the lailings dumped rn stacked ,,L.. Dau:........ . Sig,ia/Jire ofopp/icanl I consent to the IIPJ)licat\on. Commjs~io11er FORMN0.19 {Dekledbyl.N. 89D/XJ04] FORMNO. 20 [Deleted by L.N. 89Dl2004} • FORMNO. 2:1[Deleted byLN. 89D/2004] [Tbe inclusion of this page is authorized by LN. 1n006J THEM!NTNGREGULATIONS,1947 37 FoilMNo.22 (Regulation 39) THE MIN!NOREOULATIONS, 1947 Export Permit hereby a11thorize .................................. . .. ........ .... .... to e,q,ort on which royalty has been paid to Date............................... ,.. . Commisiioner F0RMN0.22A (Regulation 39) TuE MINING REOtJLATlONS, 1941 App/ietllionfor an &porl Pennit To tile Commissiooer. I. Name of applicant...

2. Address.... J, Mining lease No ..

4. Parish............................................ . S. Quarterlyperiod {whereapplicable)..

6. Minernl........ .

7. Dcstinatiooand amolllltas set out below. DESTINATION . Amount of mineral• Consignee Country Port Total ·•Bauxilo; dry ,nciri,. tons (dm1J; •lumina ond cthe, bulk minerals: "''"'"' ions (ml), The appropriate fee of. ...... , , ..... ,..... .is sent with this application. Signo1ure of applicm11 (The inclusion or llus pag,: is authorized by L.N. 112006] 38 THEMINJNGREGUIATIONS. 1947 FORMNO.23 (Regulation 43) THEMININGREGULATIONS, 1947 Noiice of.Lodgment l... ........ the holder of prospecting right li~nere/mini:ng lease No ... hereby forward the sum of . ..... as required l1llda-section . of the Act. Signatureof holder • FORMN0.24 (Rcgulati011 43) nm MININGREGULATIONS,1947 App!icationfor remrn oflodgmml 1.................... ,..... ,...... ,....... : ... ,.the holder of prospe.:ting right licence/ mining II.lase No............ which tenninated on. hereby apply for lhe return of my lodgment of or the balance thereof lodged by me on the ......... . and I rertil'y that there is no fo,billt,.·or claim md5tandinglo which >uchlodgment is liable. Date ...... Signarnreof applicant FORMNO.25 (Regulation 43) TI!£ l.1IN!NGREGU1.ATIONS,1941 Applicarionfor paymemfrom lodgment I... havc been awarded the i;um of .......... and ........... costs against the holder of prospecting right lic.:nce I mining ..... ------------- .................. • lea.i;e No.... ..on the ... ,.............. .. dav of ...... .in the Resident Magistrate's Court al .. and thol:l'e r'<'lnains outstandi11g the sum of ... .......... which I have no1 as ,·el h<:en paid. I therefore apply for the . pa:,menl of such sum out of the amount lodged by lhe said .. . ........ undcr 5e~1ion 11 or 12 of th~ Ao. Date .. Signc,t11reof appliconl [The incht11il:ln of this 11aseis a11tho:im by LN. 1/2006] 17ft: MINING REGULATIONS.1947 39 FORMNo.26 (Regulation 49) Tu!! MININGREGULATIONS,1947 Mineral DerJler'r Lice11ce Licence is hcrey granted to ...... ,................... . ............ of ...... to deal in the following minerals ...... , ...... ,.at.. , ............ , ................ subject to the provisions of the Mining A.ct and of the Regulations made thercUl'lder from • time to time in for<:e. This Licence expires on list December, 19. Date................ . Commissioner FORMN0.27 (Regulation 60 (a)) THE MININGREGULATIONS,1947 Application for Special Mining Utue/or Bauxite or laterite To 1he Minister through the Commissioner. Date and hour of receipt by the Commissioner.... I. Nameofapplicant .............. .

2. Nationality of applicant....... . ,. NaTlli:and nationality of members or directors of the company, body of pemms or partnership (if any)..

4. Address in Jamaica at which notice, etc,, may be served.,. Numbei- of the applicant's prosptl:ting right or licence... ',. • 7. 8. 9. Parish and area (in square kilometre:. or part of a sqU11rekilometer) of the area applied for.. Mineral for which the applicant desires to mine... Length of term desired A financial statement of the position of the applicant is appended hereto.

10. In the case of an application by a company if a copy of the memorandum and articles of association has not already b~n lodged with the Commissioner a copy m1.1stbe enclosed herewith. [The inclusion of t~is page is authorized by L.N. l/2006] 40 THEMININGREGULATIONS,1947

11. A sketch plan as required by the ~gula1ions is attached hereto.

12. The volume and folio numbers of the registered titles of1he applicant's lands.

13. Particulars of the metric squares in relation to which the applicatiOrlis made.

14. The appropriate mining lease fee is forwarded herewith. Signarure of applicant FORMN0.28 THB MINING REGULATIONS, 194 7 SpecialMiningLease/or Baw:ireor Lc.terite This special mining lease is granted to . (Regulation 60 (c)) • ...... ...... of ......... , .................... for the purpose of mining bauxite or laterite in, under or upon ...... , as the same is delineated on the plan annexed hereto and coloured. ............ fo~ a term of__ ...years from the .... ,, ...... , ....... , ..... day of.. .......... , ...... , ...... , ........ subject to the provisions of the: Mining Act and of the: Regulations made thereunder now in force, as well EIS to ally regulations which m&y come: into foree during the continUW1ceof this lease and relating to the sarc working of the mines or to 1he health or welfare of the pe?Wns employed therein, and subject also lo the following conditions- Date the ....................... . . ....... day of. ... 19. Ministtr FoRMN0.29 (Regulario1162(1)) THE MINING REGULATIONS, 1947 .Application for .Addition r;fother Lands to area r;fspeci,./ Minirig Lease for Bauxite or lalerite To the Minister through the Commissioner. I. Namcofapplieant ..................... ,. •

2. Numbu of applicant's special mining lease for bauxite or laterite

3. A sketch pla11as o:quimi by the Regulations is attached herelQ.

4. Approximate area in square kilometres of area applied for....... . S. The volume and folio numbers or the regisleled titles or the applicant's lands................... .

6. Particulars of the metric squares in relation lo which the application is made and of those in relation to which the speeial mining lease for bauxite or laterite was granted ..................... , ................... ,... . [The inchision cf this pill'= is authorized by L.N. l/2006] TTIEMININGREGUJ.ATJONS,1947 41

7. The appropriate fee is forwarded hcn:wilh. a,,, Signature of applicanl S8CO!IDSC.f.lEDIJLE (Regulations 3(2), • IO, 16(2), 19, 20, 22(2Xa), 29, 10, 31(2), 36(2), 46, 47(2}and62} Ra,u s L Prospecting rught or renewal tJiercof 5,000.00 ,. Exclusive Prospecting Lie<:nce 10,000.00 ,. Renewal ofExc\usive Prospecting Licence 5,000.00 • Sunender or transfer orE1«:tush·e Prospocting Licence and Special EKclusivc Prospecting Licl:IKlCor any share or inlcrcSl therein 1,000.00 ,. Surrender or transfer of Mining Lease or any share or irdercst tJicrein ... 5,000.00

6. Temporary permission to mine o:rrenewal th81'euf 10,000.00

7. Sand.ion to grnup Exclusive Prospecting Licences or Mining Leases ... ,,000.00 1.000.00 '· Export Permit ... Mineral Dealers Licence 5,000.00 9.

10. Search ofregisti:r 500.00 5,000.00 "· Surrmdcr or transfer of Special Mining Lease A(lditjon of minerals to Prospecting Licern.:a; or 12. Mining Leases- fDT II sinS,e mineral 2,000.00 1,000.00 far eaeh additional mineral • I] Special Exclusive Prospecting Liccnccs (per melric $qu&re or pu1 thereof) 600.00 ,. Renewal ofSpccial Exclusive Prospecting Lioence (per metric square or part 1hercof)... <00.00 ·~ "· Renewal of Mining Lease (per mmic Mining Lease (per metric square or part thereof) thereof) ...

17. Special Mining Leae (per mmic square or part theroof) ... ~ orpa,t 1,200.00 600.00 1.200.00 [The inc\mion or this pa~e is a~ by LN. "'""' 42 mE M!NINGREGULA.TIONS.194i SECONDSCHEDULE,conrd. Special Mining Lease for bauxite or hderite ' " (pcrmcuic square or part thereof) ... 1,200.00

19. Addition lo Special Mining Lease (per metric square or pan 1hercof)._..

20. Renewal ofS~cia1 Mining Lease (per metric square or part thereof)... l.200.00 t.100.00 • • • [The incll!Sioner this pase is authorizNby LN. 1/20061