Mining Ordinance (Cap. 69)

1. Short title

2. Interpretation

3. Rights of Crown

4. Appointment of Inspector of Mines

5. Prospecting licence and fee

6. Limitation of area to be prospected

7. Compensation for damage

8. Prospecting on private lands

9. Prospector or owner to report discovery of precious metals, etc.

10. Mining and mineral leases

11. Owner of land to be notified when mining or mineral lease is granted

12. Payment of royalty

13. Governor in Council may make regulations

14. Penalty

15. Offences CHAPTER 69 MINING ORDINANCE (Ordinances 10 of 1923, 2 of 1967 and 8 of 1981) AN ORDINANCE TO REGULATE PROSPECTING AND MINING IN ST. HELENA. Commencement [17 December 1923] Short title

1. This Ordinance may be cited as the Mining Ordinance. Interpretation

2. In this Ordinance, unless the context otherwise requires— “lands” include all lands in St. Helena except— (a) lands dedicated to or set apart for any public purpose; (b) lands declared by the Governor by notice in the Gazette to be exempted from the operation of this Ordinance; “minerals” means all minerals or mineral substances other than gold or precious stones which are of commercial value except mineral oils and those required locally for building purposes, road metal or agriculture; This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Mining CAP. 69 3 “mining lease” is a lease granted for the purpose of mining for precious metals or precious stones or for any purpose connected with such mining; “prospect” means to search for precious metals, precious stones, baser metals and minerals on any non-exempted lands; “prospector” means the holder of a prospecting licence from the Governor entitling him to prospect; “regulations” means the regulations made under this Ordinance. Rights of Crown

3. Nothing in this Ordinance shall abridge or control the rights and powers of Her Majesty in respect of precious metals, precious stones, baser metals and minerals otherwise than in this Ordinance is expressly provided. Appointment of Inspector of Mines

4. The Governor may appoint an officer to be Inspector of Mines or other officers from time to time and may make regulations prescribing their powers and duties. Prospecting licence and fee 5.2 The Governor may issue one or more prospecting licence or licences in the form contained in the First Schedule to this Ordinance to any person and in the case of a company to any person duly authorised by the company permitting him to prospect for precious metals, precious stones and for baser metals and minerals on any non-exempted lands. A licence shall be issued for one district only and upon payment in advance of the sum of £6 and shall continue in force for six months unless cancelled and such licence may be renewed for successive periods of six months on the same terms at the discretion of the Governor. Limitation of area to be prospected

6. The prospector is bound to prospect within his own area or lands comprised in his prospecting licence to the satisfaction of the Governor and in accordance with any regulations published hereunder subject to the penalty of cancellation of his prospecting licence at any time. Compensation for damage

7. Compensation shall be paid by the prospector to any inhabitants at such rate as the Governor shall deem to be fair and reasonable for any loss or damage caused to them by him in the course of such prospecting. Prospecting on private lands

8. No person not being the owner shall prospect upon any lands in private ownership until he shall have entered into a bond in the form set out in the Second Schedule hereto and in such amount with or without sureties as the Governor may determine for the due and proper repair of any damage done to the said land in the course of such prospecting and for the 2 Section 5 amended by Ords. 2 of 1967 and 8 of 1981 This e-version of the text is not authoritative for use in court. LAWS OF 4 CAP. 69 Mining ST. HELENA payment of any sums due by him. The prospector shall immediately notify the owner in writing that he has entered upon the lands of such owner for the purpose of prospecting. Prospector or owner to report discovery of precious metals, etc.

9. Every prospector or owner shall report to the Governor within fourteen days any discovery which he may have made of precious metals or precious stones upon any area or lands comprised in his prospecting licence or upon any other lands subject to the penalties provided by this Ordinance. Mining and mineral leases

10. (1) The Governor may grant to the owner or to any person who shall have prospected bona fide to the satisfaction of the Governor one or more mining leases upon such terms as may be prescribed by any regulations made hereunder. (2) The Governor may grant a mineral lease to any person upon such terms as may be prescribed by any regulations made hereunder. Owner of land to be notified when mining or mineral lease is granted

11. (1) The owner of any land over which it is proposed to grant a mining or mineral lease shall be duly notified and shall be allowed one month from such notice within which he may lodge any objections to the grant of such lease. All such objections may be referred by the owner for decision of the Supreme Court. (2) The owner of any land over which a mining or mineral lease has been granted shall be entitled to receive one-third of the rent accruing therefrom to Government. (3) The owner of any land over which a mining or mineral lease has been granted shall be entitled to apply to the Governor for the cancellation of such lease on the ground of improper or insufficient working or for any other sufficient cause. Payment of royalty

12. There shall be payable to the public revenue a royalty such as the Governor in Council shall prescribe upon the gross output of all precious metals and precious stones and all baser metals or minerals found in and extracted from any land, and the Governor in Council shall have power to alter or amend any such royalty and to prescribe the payment of other royalties in lieu thereof. Governor in Council may make regulations

13. The Governor in Council may from time to time make regulations with regard to the following matters— (a) defining generally the size and character of areas in respect of which prospecting licences and mining or mineral leases may be granted; (b) any matters required by this Ordinance to be prescribed by regulations and any matters appearing to the Governor in Council to require the making of regulations to give effect to the provisions of this Ordinance; (c) all such regulations shall take effect from the date of their publication in the Gazette but shall be subject to the approval of a Secretary of State. This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Mining CAP. 69 5 Any such regulation as shall be disapproved by a Secretary of State shall continue to have effect until notice of such disapproval shall have been received and published by the Governor in the Gazette. Penalty

14. Any person who shall commit any offence against this Ordinance or the regulations made under this Ordinance shall be liable to a penalty not exceeding a fine of £250 or imprisonment for three years or to both such fine and imprisonment. Offences

15. All offences against this Ordinance shall be cognisable by the Supreme Court or any subordinate court and shall be prosecuted at such courts at the instance of the Attorney General or other officer thereto lawfully authorised. ___________

FIRST SCHEDULE (Section 5) Prospecting Licence is hereby granted to ……………….. of ...............….... to prospect and search for precious metals, precious stones, ores, metals and other minerals on certain lands, viz— during the period from ...................……..... to ............……….......... for which licence he has paid in advance the sum of £ ....................... . Signed Governor ___________

SECOND SCHEDULE (Section 8) On the ...................…... day of ......................, 20.................... A.B. residing at ………………………….………….……acknowledges himself to be indebted to our Sovereign Queen in the sum of ...........…………………...…......... and C.D. and E.F. severally acknowledge themselves to be indebted to the Queen in the sum of ...........…………........... to be levied on their and each of their goods and lands upon condition that the said A.B. shall make due and proper repair of any surface damage done by him on any land upon which he shall have obtained a licence to prospect and for the due payment of the sums accruing to any owner from the said A.B. This e-version of the text is not authoritative for use in court.