Mining Ordinance, 1980

(a) to a natural person who Is not a citizen of the (a) be for ■ term eudlng on the date on which the Brldsh Virgin Islands; applicant's prospecting licence ander the repealed Ordinance would have expired; and (b) to a corporation unless It is Incorporated by or 40 41 under any law In force In the Brlt9Vlrgin Islands (e(lating soU samples or specbnens of rocks, ores, or in the case of a reconnaissance or prospecting "lorei, concentrates, talllngs or minerals situated licence unless It Is a corporation registered under upon such area, premises or workings for the the Companies Ordinance: purpose of examination or assay; Provided that if the Mlnlster Is satisfied lbal there are (0 examining books, accounts, voucben, documents, special reasons which justify bis 1randn11 a mineral right to a maps, drilling logs, or records of any kind; or corporadon not Incorporated as provided In subpara1rapb (b) of this Secdon and be Is satisfied that It Is In the publlc Interest to do (g) obtaining such Information as be may deem neces- so, be may waive Ille requiffment contained lbereln s11bject to such suy. conditions as be deems flt. (2) The bolder of a mineral right shall provide such reasonable assistance lnduding transport as may be necessary to PARTIII the Commissioner in the exercise of bis functions under sub- section (1). • lWMINISTRATION 8. The Minister may direct tbe bolder of a mineral right to Power10 ApPoin1ment 6. (1) The Minister may appoint an officer to be called the produce for inspection by the Commissioner any books, accounts, require . of Com- Commissioner for Mines (hereinafter referred to • the Com- voucben, documents, or records of any kind conceralng the 0Prfoductidon missioner· missioner) ud such other officen • may be necessary for carrying mineral rigbt. recor '· Into effect of the provisions of Ibis Ordinance. 9, (1) No core or sample obtained in the coune of the exercise Retention of (2) All or any of the powen and duties conferred or of powen confened by a mineral right shall be destroyed or other- cores and Imposed on the Commissioner by this or any other Ordinance may, wise disposed of except for the purposes of assay, ldentiflcadon or samples. notwithsllllldlng uythln1 conlalned la any other Ordinance be analysis without the permission In writing of the Commlsalouer, exercised or performed by any public officer authnrlsed In that who may grant such permission subject to such conditions as be behalf by the Commissioner In writing under his bud and any may deem flt to Impose. reference In Ibis Ordinance or any other Ordinance to the Com- missioner shall be deemed to ladude any such public officer. (2) Where any core or sample Is retained for the purpose of complyin1 with subsection (1), there shall be maintained a record in Powers of 7, (1) The Commissioner or any penon authorised by hbn-r.i- such degree of particularity as tbe Commissioner may require Ulmmis~ writlng may, at all reasonable dmes, enter upon any reconnaissance sufficient for the Identification of the core or sample and the sione:r. area, prospecting area or mining area, or any vessel, installation, location and geological horizon of its origin. premises or worklnp thereon or thereunder, other than a dwelllna house, for the purpose of:- 10. (1) The bolder of every mineral right shall, the conduct of Preference bis operations under such right, and In the purchase, construction forJocaJ (a) genenlly lnspect1n1 any &11eh area, vessel, lnstalla• and Installation of faclllties, give preference, to the maximum products etc. lion, premises or worklnas and esamlnina extent possible consistent with safety, efficiency and economy, reconnaissance, prospecting or mining operations to:- or the treatment of minerals beina performed or carried out thereon; (a) materials and products made in the British Virgin Islands; and

(b) ascerlalnlng whether the provisions of Ibis Ordi- nance are being complied with; (b) services provided by agencies located in the British Virgin Islands.

(c) ascertalnlng whether any nuisance eldsts la such area, such premises or workings; (2) The bolder of a mineral right shall, in all phases of bis operations, give preference lo employment to citizens of the British

(d) giving directions and taking steps to enforce any Virgin Islands to the satisfaction of the Minister consistent with provisions of Ibis Ordinance or to abate or remove safety, efficiency and economy. any nuisance; 42 43 (3) The holder of a miJleral Ait shall, ID his operations ('~e period wtthla which the reconnaissance pro• and, ln coasultatlon with the lllliiater, conduct ttainin& · gramme Is expected lo be completed; and pro1J1'11QllD.eS In the widest possible ranae of skllll for the benefit of his employees. (e) such additional Information as the Minister may require. PARTIV 13. (1) A recoualssance licence shall be In such form as may Form of be prescribed and shall Include:- reconnais- sance RECONNAISSANCE, PROSPECflNG AND MINING licence. (a) the date of Issue and the period for which it is DIVISION A: RECONNAISSANCE Issued; Acquisition 11. (1) Subject to the proYislons of this Ordinance the Minister (b) a description and plan of the area covered; and. duration may In his discretion arant to any persou I recoualssauce licence ~:.fu'~:: oYer uy ara ID the British Vlrafu Islands. (c) the terms and condJtlons (JI any) on whlcb the licence Is Issued which shall be deemed to form ccmnaissaOO" -..t. (1) No reconnaissance llceuce shall be Issued ill respect of part thereof. any ue1 over which • prospectina llceuce or mlDIDa llceuce bu been grauted and a recoualssance licence shall not confer upan the (1) There shall be appended to a reconnaissance licence the licensee any esclulve rlebt to couduct reco1111al.uaace over the area reco11J1alssauce programme. comprised wtthla the licence. 14. A reconnllissance licence may not be trlnsferred or Reconnais- asslped. sance licence (J) A recoualssance Uceace shall be of such d11r11tion not not ttanBfer- exceedlug one year and subject to such coudltlou as the Minister ID able. his discretion may determine. 15. (1) The holder of a recoualssance licence shall furnish Obligation (4) Wllere appllcatiou Is made to the Minister In that behalf sucb Information In couectlon with the progress of reconnaissance of bolder of not less than three months before the expiration of a recon- oper1tiou thereuuder u the Minister may from time to time r«olllW>- nalssauce llcence the Minister may If he considers It would be In the reqllire and In any event shall at half-yearly Intervals commencing :t::'ce public Interest so to do reuew the llcence for a further period »ot sis months after the gnat of the licence to the Minister reports on · exceedn1 one year duratiou. ,-· the progress of the reconaalssance and within three months after the expiration of the llceace submit a final report setting forth the Application 11. All 11ppllcation tor a recouuss111ce Ucence shall be In holder's e"'ala&tio\\ of the ml\\en.\ ptospeds In the are11 comprised forrccon• writln1 and the appllcatlon shall provide the f0Uowtn1 Informa- within the licence; such report shall be accompanied by the oaissan« tion:- negatives of all aerial photographs taken In the course of the licence. reconnaissance programmes together with:- (a) his full n11111e and nationality, and In the case of an application by a partnership or other association (a) all geological, geochemical and geophysical maps, of persons, the full n11111es and natlonalldes of all proflles, tapes, diagrams and charts and original partoers or of all such persona, or In the case of an records of aero111agnetlc surveys, radar analyses, application by a corpor1te body, the registered satelllle or other remote Imagery and other name of snch body; observation of any kind made by or for such holder; (b) a description of the area for wlllcll the 1ppllcatlon Is made, together with • plan thereof to such SClle (b) copies of all tests and analyses made by or for such as the Minister may require; holder; (c) a proposed reconnaissance pro1ramme, with (c) copies of all reports made by or for such holder, details of the equipment u.pected to be med la Including Interpretations concerning the mineral connectloa therewith, and the names of the prospects In the area• covered by such Uceuce; persons to be respoaalble for the conduct thereof; ud 44 45 (d) a statement of the costs lncu~y the laolder In ,Y-o application by a corporate body, the registered the reconnaissance programme. name of such body; (2) The bolder of a reconnaissance licence shall not without (b) in tbe case of a corporate body, the full names and the written permission of the ~inister and subject to such nationalities of the directon or officers and the conditions as be may determine remove any mineral from a full name and nationality of any shareholder who reconnaissance area except for the purpose of having such mineral is the beneficial owner of more than five percent analysed determining its value, or conducting tests thereon. of tbe issued capital; Rights of 16. Subject to the provisions of Part V the laolder of a (c) full Information as to bis financial status, bolder. of re- reconnaissance licence may In tbe exercise of bis ri&bts tbere- technical competence and experience; clionnausance 11Dder:- ccncc. (d) a description of tbe area over which a prospecting (a) in respect of any area of land comprised within the licence is sought, together witb a plan thereof to licence enter upon such land with bis servants and such specification as the Minister may require or agents andi,.,:- as may be prescribed; (1) subject to the conditions on (e) the period for wbicb tbe prospecting licence is wblcb bis licence bas been required; granted, conduct reconnaissance thereon; (f) a proposed programme of prospecting operations and the estimated cost thereof; (ii) encl camps and put up temporary buildlnp to house such macblnery (g) the applicant's proposals with regard to the as may be necessary for the employment and training of citizens of the British conduct of such reconnaissance. Virgin Islands; (b) in respect of any area of water comprised wltblo (h) such further information as tbe Minister may bis llceoce, subject to any llmltatlons Imposed require. under the terms of bis llcence, place vessels or craft on, or erect Installations In sucla waten and 18. (1) No prospecting licence shall be granted to an applicant Considcra- witb bis servants and a11eots conduct reconnais- onless Ille Minister is satisfied that:- lion or sance In sncb area, subject to tbe Laws of the · appliaUK>n for pros~ Territory regardlna oavlptioo and 1afe1Y of (a) the applicant bas adequate financial resources, pccting vessels. technical competence and experience to carry on licence. effective prospecting operations; DIVISION B: PROSPECTING (b) the proposed programme of prospecting opera• Acquisition 17. (1) Subject to the provisions of this Ordinance the Minister lions is adequate; of righls to may lo bis discretion araot to any per■oo wbo makes application In prospect. accordance with sobsectloo (2) a prospecliJIII licence over any area (c) the applicant's proposals for tbe employment and In the British Vir&ln Islands. tralolog of citizens of the British Virgin Islands are adequate; (2) Ao application for a prospecting licence sbaU be lo writing and the applicant shall proYide tbe following informa- (d) the proposed prospecting area does not overlap tion:- with the area to wblch an existing prospecting licence or mlning licence extends unless in tbe case (a) bis full name and natiooallty and In the case of an of an existing prospecting licence the application application by a partoenblp or other association is made only lo respect of a mineral to which the of penons, the full names and nationaUties of aU existing licence does not relate; partoen or of all such penons, or, in the case of 46 47

(e) tbe applicant ls not In default; a!Ul (2) There shall be appended to a prosecuting licence the prog...lnme of prospecting operations.

(f) tbe applicant ls able and willingcomply wlcb any term or coodllion applicable to a prospecllng 23. (1) Subject to the provisions of Ibis Ordinance a pros- Duration licence. pectlng licence shall be valid for such period not exceeding three and renewal yean as may be spedfled therein. ~~ospecting (2) Tbe Minister may cause such lnvesli,:alions to be made licence. or such negollallons or coasultalions to be carried on as be may (2) The holder of a prospecling licence may, at any time deem necessary to enable him to decide wbelber or not to grant a uot later than three months before tbe expiry of such licence apply prospecling licence. to the .MlnJster for the renewal thereof for a further period not exceeding two yean. Ptospccting 19. Subject to tbe provisions of tbls Ordinance a prospecling licence sub- licence may be Issued on aucb tenu and concllllons as the.Minister (3) Any application for reuewal of a prospecting licence ject to may In each cue determine and lllllY In particular but wllbout conditions. sball state the period for wblcb renewal Is sought and shall be prejudice to the genenllty of the foregoln1 lndude a concllllon accompanied by:- requlrln1 the applica9t to agree to the British Vlraln lslanda or any agency thereof bavint an opllon to obtain an Interest In any mining (a) a report on prospecting operatious so far. carried venture which ml1ht be carried on by the applicant, or by any out and the costs Incurred thereby; person to whom be transfen bis mining lleence, In tbe proposed prospecting area. (b) a proposed programme of prospecting operations to be carried out during the period of renewal and Notification 20. The Minister shall cause the applicant to be notified In the eslimated cost thereof; and of grant or wrlling of bis decision on the application and, If the 1.-ant of a rejection. prospecling Ucence Is approved such notification shall lndude the (c) sucb other lnformallon as the Minister may terms and coadldons on which It Is granted. require. Issue of 21. u tbe appllcant:- 24. (1) The Minister shall consider every application for a Considera- prospecting renewal of a prospecting licence made punuant to section 23 and tion zl" . licence. (a) notifies the Minister, In writln&, within 60 days of the date of noliflcation or within such further shall, subject to the provlalous of subsection (2) of tllla section, r~:'r!~:J. grant the 111JDe. period as the Minister may allow, that he accepts the terms ud condldom to be attached to the prospectiu& licence, the Minister ahall cawie tbe (2) The Mlnlater shall not renew a prospectlug licence lf:- prospecdn& licence to be Issued. (a) the applicant Is ID default; or (b) fails to nolify the Minister In accordance with the provisions of puqraph (a) the appUcatlon shall (b) be couslden that tbe proposed programme of lapse. prospectln1 operations Is lnadeqnate: Form and 22. (1) Every prospeclina Ucence &ranted under Section 17 Provided that - content-of shall:- prospcctin& licma:and (1) before rejecllng an application term of (a) lndude the terms ud condlllons on which It la for renewal under paragraph (a), prospcctin& aranted; the Minister shall give notice of lia:na:. the default to the applicant and (b) lndude a descripdon and plan of the prospeclin1 shall call upon the applicant to area and specify the mineral to wblcll It relates; remedy such default within such and lime as be may allow; and (c) state Cbe period for which It Is granted. (li) before rejecting an application 48 49 for reuewal under pdllrapb (b), 11..Jer of the prospecting licence to which that area relates to he shall give lhe appAt oppor- furnish lo him proposals within such period as the Minister tnay tunity to make satisfactory allow, setting out the Investigations and studies that be proposes to ameudmeulS to the proposed pro- carry out In order to assess the tecbolcal and ecoaomk feasibility of gnunme of prospectiDg operatlom the cumlructloa, establishment ■ad operation of an Industry for upon such terms as the Minister the recovery of minerals from that area and the date by which be may determine, proposes to complete the same. F1.mhtr CX· ZS. Notwltbstandlua the provlsloDS of Sectlou 23 (l) the (3) Where the Minister bas required the bolder of a pros- tensions of MIDl.ster may la bis discretion at the expiration of a period of pecting licence to furnish proposals under subsection (2) of Ibis prospectinJ renewal &ranted pursuant to that section arant • further extension section he may after considering those proposals and after allowing licen«. If he coaslden that It would he In the public Interest ao to do. The the holder of a full opportulllty to consult with him concemin& the e:ueusloa of a prospectia& Uceuce granted pursuant to Ibis section nature and exteut of the proposed lnvestigatiom and studies, shall he for sucb period and on sucb tenm II In the opinion of the require tbe bolder to furnish to him such further proposals, Mlnlster the public Interest may require, whether by way of adclltloa to, or variation or modification of any of the proposals already furnished to him under subsection (2) of Amendment 26. Ou the ren1ewal or extension of a prospecting licence, Ibis section, as the Minister comlden will be necessary to enable of pursuant to section 24 or section 25, as the case may he, the him to fully assess the most efficient development and operation of Jn°spec1ing Minister shall cause the Uc:eace to be amended leeordln&IY aud the lad111try, any harmful effeclS that such an Industry will have on lic;i:a1"" there shall he appended thereto the programme of prospecdue the environment and the people of the area and whether such an re e · operaliom to be udertakeu durin& the period of reuewal. Industry will be lo the best Interests of the British Vlr&ln Islands. Discovery of 27. (1) If, In the course of exerclslag his rlghlS under a pros- (4) Any Investigations and studies required by the Minister mineral not peeling Uceace, the bolder thereof discovers any mineral not under Ibis section to be carried out by the holder of a prospecting includedin Included therein, he may apply to the Minister for an amendweat licence shall be appended to the programme of prospecting t:ii:."'18 of bis prospecting licence to Include such mineral. operations approved under tbat licence and shall be deemed to be part of that prognunwe for the purpose of this Ordinance. (l) An application for amendment to a prospecting licence under subsection (1) shall specify tbe lllineral discovered, shall &Ive 29. (1) Subject to the provisions of this Ordia■ace a pros- Area of particulars of the sltuadon and the circumstances of the dlsc:o-.ery pectin& licence shall cover such area as may be specified therein. prospecting and shall have appended thereto a proposed prop,unme licence and of prospectin& operatlom In coDDeCdon tberewltb. (l) Subject to the provisions of subsection (4), the pros- ;:~~uish- pectln11, area shall be reduced lo size to eliminate tberefrom:- (3) Subject to the provisions of subsection (4), the Mlolster may, In bis dlsuetlon, pennll tile amendPleal of a prospect1011 (a) at the end of tile lnltial term of the prospectiug licence to Include the mineral concerned, licence, any area In excess of half of the area Included la the licence when It was grauted; and (4) Au ameudmeut of a prosecutin& licence shall not he permitted If any person other than the applicant Is the holder of a (b) at the tad of any period of renewal or extemlon prospectin11 Jleeace or a mlaiag llceflCe iD respect of the llliaeral granted punpaal to sections 24 or 25, half of the concerned over the area In which It wllS discovered, remalnln& area, Discovery of 28. (1) If la the course of exerdsln& bis rl&hll under a pros- or sucb lower proportion as tbe Minister may in any case agree. mineral pecdn& Ucence, the bolder thereof discovers a mineral deposit deposit. containing ■nY miJleral included la bis prospectiug licence, be shall, . (3) The holder of a prospecting licence shall designate, wltbiD thirty days frow tbe date of such discovery, notify the prior to the eud of each of the periods referred to lo subsection (l), Minister of the same and provide the Minister wltb a full ■ad die area or areas to be ellmlnated from the prospecting are■ and for detailed description of the nature and e:ueat of such deposit. that purpose shall so far as practicable designate a single compact area or areas. ln the event that the bolder of a prospectlog licence (l) Where the Mlnlsler Is satisfied that a mineral deposit falls to make a designation pursuant to Ibis section tbe area or areas bas been discovered wllhln a prospecting area be way require the to be rellaqulsbed shall be designated by the Minister. 50 51 (4) Where a penon holds two or mWprospectlna licences ~ e s s the Minister otherwise stipulates, remove, for the same mineral or minerals the Minister may, for the purpose within 60 days of the expiry of bis prospecting of the ellmlnalion, uder subsection (2), or part of the areas licence, any camp, temporary buildings or thereof, permit the areas covered thereby to be deemed to be one machinery erected or Installed by him, and repair area, the snbject of one such prospecting llcenc:e. or otherwise make good any damage to the surface of the ground occasioned by such removal, to the Rights of 30. Subject to the provisions of Part V of this Ordinance and satisfaction of the Mlnlster; bo)dcrof subsection (2) of this section the holder of a prospecting licence prospecting liceru:,e. may ID the exercise of bls rights thereunder:- (f) subject to the conditions of bis prospecling licence 1111d lo the proYlslou of section 32, expend on (■) ID respect of uy area of land comprised wlthlD the prospecling, not less than such amount as may be licence enter upon sncb lud with bis senants and specified In bis prospecling licence; and •aents and may:- (a) submit to such persou at such latenals such (1) prospect thereon for the minerals reports and such affidavits contalnin11 such in- to whltli bis prospeclina licence formation and supported In such manner u may relates; be prescribed. (Ii) erect camps 811d put up temporary (2) Any moneys required to be spent under the provlslou bulldlags for macblaery necessary of subparagraph (f) of subsection (1) of section 31 and whlcb are for prospeclin11 pmposes. not so spent, shall be a debt due to Government recoverable In a court of competent jurisdiction. (b) ID respect of any area of waters compriled within the licence may subject to llllf llmltalions Imposed (3) The bolder of a prospecting licence shall keep, to the uder the terms of bls licence place veuels or craft salisfacdon of the Minister, full and accurate records of bis on, or erect lastallations ID 1uch waters and with prospeclina operations which shall sbow:- bis senants or qents prospect for the minerals to which bis prospeclin11 licence relates. (a) boreholes drilled; (2) Tbe ri11hts of the holder of a prospeclina liceact! (b) strata penetrated, with detailed lop of such strata; berenader shall not extend lo any area held by another penon under a minin11 licence. (c) minerals discovered; Obligation, 31. (1) Tbe bolder of a prospectln11 licence shall:- (d) the results of any seismic survey, geochemical or of holder of geophysical analysis; prospcctina (a) commence prospeclin11 operations wllbla three licence. months, or such further period u the Mlalster (e) the results of any analysis or Identification of may allow, of the dale of lssne of bls licence; minerals remoyed uder section 34; (b) subject to the provisions of section 32 carry on (f) the geoloalcal Interpretation of the records prospecting operations ID accordance with the maintained under paragraphs (a) to (e) Inclusive; programme of prospecting operations and any term or condition In bis licence; (a) the number of persou employed; (c) notify the Minister of the dlsconry of the mineral (b) olb_er work done In connection with the pros- to which bis prospecling licence relates wltblD a peclin11 licence; period of 30 days of such discovery; (I) costs IDcuned; and (d) backfill, plu11 or otherwise make safe any borehole or excavation made du.rill& the course of bis (j) 1Dch other matten as may be prescribed, and shall prospeclin11 operalions; ■upply, at least once In every three mouths, copies 62 53 of sucb records to tbe Minister, .tber wltb any --Ji fuU Information as to bis financial status, tech- reports prepared as a result of sucb records: nical competence and experience; Provided tbat tbe Minister may, ID bis discretion and on (d) the number of bis prospecting licence; application being made to bim In tbat behalf, dispense wltb or modify any or all of tbe requirements of tbls subsection. (e) the names of tbe minerals which It is intended to mine; Removal of 32. Tbe bolder of a prospecting Ucence sball not, without tbe minerals. written permission of the Minister and subject to sucb conditions as (fl details of tbe mineral deposits and a comprehensive be may determine, remove any mineral from a prospecting area report thereon which shall Include detaUs of all except for tbe purpose of bavln1 sucb mineral analysed, deter- known minerals, proved, estimated and Inferred, mining Its value or conduct1n1 tests thereon. ore reserves and mining conditions; Amendment 33. (I) Tbe bolder of a prospecting Ucence may, from time lo (g) details, illustrated by a plan, of tbe area in respect ~~~=: :~ of pro- time, notify tbe MIDlster of amendments be wishes to make to bis of which the application Is made; gramme of programme of prospedln1 operations and sucb amendments sball, unless tbe Mlnlster rejects Ille same wltbln two months after being (h) the period for which the licence Is sought; so notified, bave effect after sucb period. (I) a technological report on mining and treatment (2) Tbe Mlnlster may, on appUcatlon being made to blm by possibWtles and the Intention of the applicant In tbe bolder of a prospectln1 licence, llmlt or suspend tbe obll&ation relation thereto; to carry on prospectln1 u required by -UOn 31 (l)(b), or to expend moneys as required by section-31 (l)(f), for such period and (j) a detailed forecast of capital investment, operating ou such terms as be may specify. costs and sales revenues and the anticipated type and source of financing; DIVISION C: ltfil!ING (k) a full report, Including data and analyses on the Application 34. (1) Where all tbe lnvest11at1ons and studies In respect of a ·completed Investigations and studies required for mining prospecting area requlred nuder section 28 bave been completed to under section 28 and the results of tbese Investiga- licence. tbe satisfaction of tbe Minister, tbe bolder of tbe prospectinl_. tions and studies; Ucence to which tbat area relates may make application to the Mlnlster for tbe arant of a mlDIDg Ucence. An appftcatlon for a (I) such further Information as tbe Minister may mining Ucence shall be made witbln six months of tbe satisfactory require or as may be prescribed. completion of tbe said lnvestlaatlons and studies or sucb lonaer period as tbe Minister may In any particular case allow. 3.(a) An application for a mining licence under sub- section (1) shall be accompanied by detaUed (2) The appUcant shall In bis application provide the proposals by the appUcant for a programme of foUowlna lnformation:- mlnlna operations In respect of the mining area to which the application relates. (a) bis fuU ume and natlonaUty, or In tbe case of an appUcatlon by a partnership or otber assoclatloa (bl The proposals referred to In paragraph (a) shall of persons, tbe fuU names and nationalities of all state:- partners or of all such persons, or, In tbe case of an appUcatlon by a corporate body, the reaistered (1) the dates by which the applicant name of sucb body; intends lo commence construction of the mine proposed, and intends (b) In tbe case of a corporate body, tbe fuU names and to commence commercial prod- natlonalltles of tbe directon or offlcen and tbe 11ctlon; full name and natlonaUty of any shareholder wbo is tbe beneficial owner of 50/• or more of tbe issued (U) tbe production capacity of the capital; mine, lbe anticipated rate of 54 55 produclloo aod tbe a.Je of whether lo accordance with the provisions of Ibis operatloos; section a mining licence should be granted. (Ill) the estimated cost of coostructlng (l) Where the Miolster is satisfied that:- and establlshblg tbe mine; (a) the proposed programme of mining operations are (Iv) tbe estimated overall recovery of generally lo the best interest of tbe British Virgin ore and mineral products; and Islands; (v) the nature of tbe product. (b) the proposed miolng area is not the same II or does not overlap an area beid by another penoo (c) The proposals shall lodude:- under a prospecting licence or mining licence unless In the case of a prospecting licence held by (1) a detailed programme for the another person the Minister Is satisfied that the prevention or treatment of pol• public interest requires that a mining licence lullon, the mlolmlzatloo of the should be granted onr the proposed mining area effecia of mlnina oo water areas, or tbe rights of the bolder of such prospecting adjoiolog land and the environ• licence would not be substantially prejudiced ment xeoenlly and the progressive thereby; reclamation and rehabilitation of lands disturbed by mlolog; (c) tbe area for which application bas been made Is not In excess of the area reasonably reqolred to (U) a programme for the employment carry oat the proposed programme of miolog; and traioloa of dtizeos of the Brllisb Virpn blands; (d) tbe applicant bu adequate financial resources, tecbolcal competence and experience to carry oo (Ill) a report on goods and Mn\ces effective mining operations; estlmated to be required for the mlolog opentiom wlalch could be (e) the applicaot Is able and willing to comply with obtained or manufactured wlthio any term or condition applicable to a mloing the British Vlrglo Islands and licence; and any proposal that the applicaol may have coacerolng them; (f) the applicant Is not In default, (Iv) proposals coacerolog any other be shall subject to section 36 (1) approve such application. matter arlsiog out of any Invest\• aalloas and stadia required 36. (1) Subject to the provisions of this Ordinance and to tile Mining under s«doa 28. te1111lJ of any subsisting agreement between the applicant and the licence sub- Government of the British Virgin Islands a mining licence shall be 1"';l 1° Consider&• tioo of 35. (1) The Minister shall consider every applicallon for a mloiJlg licence and may:- Issued on sucb terms and condldons II the Minister may In each cue determine includlilg lu particular:- :ns .!d · 00 •~ notification appli<ation of approval. fort.lining Llceuce. (a) require the applicaot to famish him with further (a) conditions coocernlog the processing, disposal or lnformalloa and to make such alterations to or sale of the minerals to be mined; furnish sucb further proposals to the proposals already furalsbed under s«don 34 11 he coasiden (b) a condition providing for an opdou by the .., iy for him to fully coasldcr the appllcalloo; Governmeut or auy agency thereof to obtain an interest In tbe mlolog veutnre canled on by the (b) cause such lnvesdgadoas to be made or socb appllcaot or by any person to whom be transfen negolladom or coasultadoas to be carried oo, II bis mining right in the mioing area to which the he may deem necessary to enable hJm to decide licence relates. 56 '5"l (2) Where the Mlnlster has a.ved an appUcatlon In subst j,n (2) tbe application will lapse at the end of the period accordance with aectlon 35 he shall by notice to the appUcant referred to In that subsection, unless the Minister withdraws the Inform him of his decision and of the terms and conditions upon Instrument. which he proposes to Issue a mlnlna licence. (S) Where the Minister bas notified the applicant In (3) If the appUcant:- accordance with subsection (2), of his Intention to reject ao appUcation for a mining licence on the grounds that be Is not (a) notifies tbe Minister In writ1011 within sixty days of satisfied with the applicant's proposed programme of mining the date of the notification referred to In sub• operations having regard to matters referred lo In section 35 (2)(a), section (2) that be accepts the terms and condl• the 11\lpUcaot may make an application to the appropriate court lions upon wblcb the mining Ucence Is to be within one month from the date of the order of rejection by the granted, the Mlnlster shall Issue a mlnln11 Ucence Minister for a review of such order. to the appUcaot contalnln1 such terms and conditions; 38. (1) Every mining licence Issued under section 3S shall:- Form and content of (b) faUs to aQllfy the Mlnlster In accordance with (a) lnclu.de a description and plan of the area and the Mining Licence. paragraph (a), hls appUcatlon shall lapse. name of the mlnenls to wblcb It relates; Application 37. (1) If tbe Minister Is not satisfied as to the matters referred (h) state the period for which it Is granted; and not satis- to In section 35 be may 1nbJect to Ibis section reject the appUcatlon factory. for a mlnln& Uceoce. (c) Include the terms and conditions upon which It Is aranted. (2) The Mlnlster sball not reject an application on any of the grou.nds refened to In aubsectlon (l)(a) or (c) of section 35 (2) There shall be appended to a mining Ucence the nnless:- programme of mlnin& operations. (a) be has by llllitrnment In writing served on the 39. (1) Subject to the provisions of thls Ordinance a mining Tenn of appUcant, given not less than one month's notice licence shall be valid for such period not exceeding twenty.five ~ining of hls Intentions to do so; and be bas In that years as may be specified therein. U=ice and rcnewoJ. lustrnment:- (2) The holder of a mining licence may apply to the (1) given particulars of tbe reasons Minister for a renewal of the licence at any time not later than one for bis Intention; and year before the licence expires. (U) specified a date on or before (3) An application for renewal of a mining licence shall wblcb the appUcaot may submit state tbe period for which renewal Is sought and shall be any matters that the appllcaot accompanied by:- requires the Minister to consider; and (a) a proposed programme of mining operations to be carried on In the period of renewal; and (b) he bas given the appUcaot a fuU opportonlty to consult with blm coacernlna hll Intention to reject (b) details of:- the application. (l) the latest proved, estimated in• (3) The Minister shall not reject any appllca:tlon on any of ferred ore reserves; tbe grouuds referred to In subsection (2)(f) unless the appUcaot bas been given detaUs or tbe default and bas failed to remedy the same (ii) the capital investment to be made witbln sucb reasonable time as tbe Minister may allow. In, and production costs and revenues forecasts lo respect of (4) Subject to subsection (4) of Ibis section where an the period of renewal; applicant bas been served wltb an Instrument referred to In 58 59 (Iii) any ex1>«ted changes Aethods .)s) Subject to the provisions of this Ordinance and to the of mining and treatme~nd terms of any subsisting agreement between the applicant and the Government of the British Virgin Islands the renewal of a mining (Iv) any expected Increase or reduc- licence shall be on snch terms and conditions as the Minister may tion In mining activities and the determine. estimated life of the mine. (9) On the renewal of a mining licence, the Minister shall (4) Tbe Minister shall consider every application for a amend the licence accordln&IY and append thereto the programme renewal of a mining licence made In accordance with this section of mining operations to be carried out In the period of renewal, and subject to the proYlsions of subsections (5) and (6) 1hall 11ran1 subject to sucb terms and conditions. the application. 40. (1) Tbe bolder of a mining licence may, from time to time, Minor alter- (5) Tbe Minister sball reject an application for renewal notify the Minister of amendments be wishes to make to bis ations and If:- pro11nuDD1e of mining operations and the Minister may approve or ~,:;:::_a1, 0 reject the proposed amendments and may, If he conslden tbat the prograxnme (a) the applkp.t Is In default; proposed amendments Involve a substantial alteration or expansion of mining of the programme of mining operations, require the holder to operations. (b) the Minister Is not satisfied that:- furnish him with sucb Investigations or studies or such other Information as be conslden necessary to fully consider the (1) denlopment of the mining area proposed alteration or expansion. bas proceeded with reasonable diligence; 41. (1) Subject to the provisions of Part V of this Ordinance Righu under and any term or condition In bis mining licence, or any requirement F"ing (II) minerals ID workable quantities otherwise prescribed by any other written law, the holder of a •ccnce. remain to be produced; or mining Ucence may, In the exercise of his rights tbereunder:- (Ill) the proposed programme of (a) take all reasonable measures In bis mining area to minln11 operations provide for mine the mineral to which bis mining licence and ensnre the matten referred to relates Including the use of necessary equipment In section 35 (2)(a). and tbe erection of necessary Installations, plant and buildings.for the purposes of mining, trans• (6) Tbe Minister shall not reject an application on the porting, dressing, treating, smelting or refining ground referred to ID:- the mineral recovered by him during mining operations; (a) subsection (S)(a), unless the applicant bas been given details of the default and bas falled to (b) dispose of any mineral product recovered; remedy the same wltbln sucb reasonable time as the Minister may allow; (c) prospect within his mining area for the mineral for which he holds a mining licence and witb the (b) subsection (5)(b)(I) or (li), unless the applicant bas approval of the Minister for any other mineral; been given reasonable opportunity to make written representations thereon lo tbe Minister; or (d) stack or dump any mineral or waste products In a manner approved by tbe Minister. (c) subsection (5)(b)(Iii), unless the applicant bas been so notified and bas falled to proposed amend• (2) If, In the course of exercising bis rights thereunder, the meats to bis proposed pro11nuDD1e of mlnln11 bolder of a mining licence dlscoven any further deposits of the operations satisfactory to tbe Minister wltbln sucb mineral for which be bolds a mining licence or any mineral not time as the Minister may allow. Included In such licence, be shall, within 31 days after snch dis• covery, notify the Minister thereof, giving pardculan of tbe (7) Tbe period of renewal of a licence shall be sucb period mineral discovered and the site and circumstances of the discovery, not exceeding ten yean as may be specified ID the appllcatlon for and may apply to the Minister to have the mining of such deposit or renewal. such mineral lncludetl ID his mining licence, giving In his 60 61 application a proposed programme of .l\ng operations lo respect ,J,subsection maintain at the address kept io accordance with (l)(d):- of that mineral. (3) If the Minister ls satisfied with the proposed pro- (i) complete and accurate technical gramme of mining operatloas submitted under subsection (2), be records of his operations in the may approve such application on such terms and condltioas as be mining area in such forms as the thinks flt and shall amend the mining licence accordingly. Minister may approve; (4) ne bolder of a mining licence may apply to the (ii) copies of all maps, geological Minister to have bis mining area enlarged and the Minister may, reports Including Interpretations, subject to the provlsloas of subsection (5), approve such applica- mineral analyses, aerial photo- tion If he ls satisfied that such approval will ensure the most graphs, core logs, analyses and efficient and beneficial use of the mineral resources of the British tests and all other data obtained Virgin Islands. · and compiled by the bolder In respect of the mining area; (5) A mial~g area shall not be enlarged so as to Include any area over which a person other than the applicant Is the bolder of (Iii) accurate and systematic financial a prospecting licence or a mining licence. records of bis operations in the mining area and such other books Obligation_, 42. (1) Subject to the provisions of this Ordlaaoce, the bolder of accounts and financial records ~ndcr m,mns of a mlnin& licence shall:- as the Minister may require; If liccnce. such bolder is engaged in any (a) commence coastroctioo and commence com- other activity not connected with mercial production on or before the dates referred bis operations under the mining to lo the programme of mlnin& operations as the licence, be shall maintain separate dates by which these events are to commence; books of account of bis operations under such licence; (b) develop and mine the mineral covered by bis licence In accordance with the programme of (b) permit an authorised officer at any time to inspect mining operations and any term or condition In the books and records maintained lo pursuance of bis mining licence: paragraph (a) and shall deliver to the Minister, without charge, copies of any part of such books Provided that the Minister may, on and records as the Minister may from time to time application being made to him by the bolder of a require; minlag licence, limit or suspend such progra1Dme for such period and on such terms as he may (c) submit to the Minister such reports, records and specify If be Is satisfied that, In the circumstances, other Information Including production and sales It ls fair and reasonable so to do; records as he may from time to time require concerning the conduct of bis operations lo the (c) demarcate and keep demarcated the mlnln11 area mining area; and In BDch manner as may be prescribed; (d) furnish the Minister with a copy of every aooual (d) keep and lllalntalo an address la the British Virgin financial report wltbio three months of the end of Islands, full particulars of which shall be each fmaoclal year showing the profit or loss for registered with the Minister, to which all com- such year and the state of financial affairs of the munications ud notices may be addressed; and holder at the end of each financial year. (e) notify the Mlolster as soon as be commences 43. (1) If the Minister considers that the bolder of a mining Wasteful commercial production. licence ls using wasteful mining or treatment practices be may mining notify such bolder accordingly and require him to show cause practices. (2) The bolder of a mining licence shall:- within such time as the Minister shall specify, why be should noi cease to use such practices. 62 63 (2) U, within the time specified . n y notice Issued under ~lrect the bolder of the mining licence to resume subsection (1) the bolder of a mining licence falls to satisfy the full production at the mine by such date as be may Minister that be is not nslng wasteful mining or treatment practices, specify. or that the nse of sncb practices Is jnstlfled, the Minister may order the bolder to cease nsing such practices wltbln such time as be may (4) Approval of cessation, snspension or curtailment may specify. be given subject to such conditions as the Minister may impose. (3) U the bolder of a mining licence falls, after being 46. (1) The Governor In Council may by notice to the bolder of Restrictions ordered so to do, to cease nsing wasteful mining or treatment a mining licence prohibit or restrict the disposal, sale or export of on expon practices, the Minister may cancel the mining licence or may any mineral or mineral product to any person where be Is of the IU\d _sale of snspend such mining licence for snch period as be deems fit. opinion that such disposal, sale or export could:- :::~,. Merger of 44. (1) U the Minister considen that the public Interest or the (a) prejudice national security; or mining Interests of the holden of miulng licences covering neighbouring or licence. contiguons mining areas would best be served with regard to the (b) prejudice the relations of the British Virgin Islands efficient and economic exploitation of minerals by the merger or by disposal, sale or export of goods to a state with co-ordination of all or part of the mining operations of such wblcb It may be contrary to the Interests of the holden, be may direct such holden to effect such merger or British Virgin Islands to engage In International co-ordination within such time and oa such terms as be may trading. specify. (2) All sales contracts or minerals or mineral products shall (2) Before giving aay directions uader subsectioa (1), the be submitted to the Minister for approval within 30 days of Minister shall afford the holders of the mining licences coacerned execution. Such approval shall not be unreasonably withheld in the reasonable opportunity to make represeatations to him la wrltiag. case of a contract at prices which are at arms length and which Is confined to sale of mineral products of the bolder of a mining Notification 45. (1) The bolder of a minlag licence shall aotify the licence. ofccssatio~ Mlnlster:- or SUSpenstOD (3) No penon shall export any radioactive mineral except of produc- tion. (a) one year In advaace, If be proposes to cease under and in accordance with the terms and conditions of a permit productioa from bis mine; granted by the Minister. (b) six months In advance, If be proposes to suspend (4) Tbe grant of a permit under subsection (1) shall be In production from bis mine; the discretion of the Minister. (c) three months In advance, If be proposes to curtail (5) A permit Issued under subsection (1) shall be in such such productioa, form and shall be subject to the payment of such fee and such terms and conditions as the Minister may determine. and shall, In all cases, give reasons for sncb cessation, snspension or curtailment. PARTV (2) If, for reasons beyong bis control, the bolder of a mlulng licence terminates, snspends or cnrtalls production from bis MINERAL RIGHTS AND SURFACE RIGHTS mine, be shall, within 14 days of such termination, snspension or curtailment, notify the Minister thereof. 47. (1) Notwithstanding any other provisions of this Ordinance Restriction no bolder of a mineral right shall exercise any right thereunder on the mr- (3) On receiving notification uder subsections (1) and (2), wltbout the written consent of the Minister upon:- ciie oral nuner or If be otherwise becomes aware of any cessation, suspension or rights. curtailment of production, the Minister shall cause the matter to be (a) any land nsed as a place of burial; Investigated and shall elther:- (b) any land set aside or used for the purposes of (a) give bis approval to such cessation, snspenslon or Government. curtailment; or 64 65 (2) Where the bolder of a mineral 'lllbt In the exercise of Jiau be deemed to be adequate compensatlou for bis rights thereunder makes any find of historical or arcbeologlcal deprivation of the use of land to which such reut significance or discovers any wreck be shall prompdy Inform the relates; Minister and the Minister may give such dlrecdons for the preservation or disposition of such find or wreck as be may (II) In assessing compeusatlou payable under this consider to be appropriate having regard to all the relevant circum- section, account shall be taken of the reasonable stances. upectatlon of profits in, under or upon the land by the bolder of mineral right and any Improve- (3) No bolder of a mineral right shall exercise any right ment effected by the bolder of the mineral rlpt or thereunder 11pon any private land withOPt the written consent of by his predecessor-In-tide, the benefit of which the owner or lawfuJ OCCllpler thereof. has or will ensure to the owner or lawful occupier thereof; Acquisition 48. (1) The bolder of a mlnln1 licence may, If be requires the of e,1:clusivc exclusive use of the whole or any part of the mlnln1 area, and shall (W) the basis upon which compensation shall be rights by payable for damage to any land shall be the extent holder or If so requested by the OJl'Der or lawflll occnpler of any part of sncb mining area, obtain a lease -ihereof upon sncb terms as to rents and to which the market value of the land (for which licence. compensation to be paid therefor, the dnratlon thereof or the purpose It shall be deemed saleable) upon which extent or area of the land to which such lease shall relate as may be the damage bas occurred bas been reduced by agreed between such bolder and such owner or lawful occupier, or, reason of such damage, but without taking into failing such agreement as may be determined by arbitration. account any enhanced value due to the preseuce of minerals. (2) In assess'"& any rent payable under the provisions of this section, an arbitrator shall determine the matter In relation to (3) H the bolder of a mineral right fails to pay compensa- values at the time of arbitration current In the area In which the tion when demanded under the provlslons of this secdon, or if the mining lease Is situate for land of a similar nature to the land owner or lawflll occupier of any land Is dissatisfied with any concerned but without taking Into account any enhanced value due compensation offered, the dispute shall be determined by arbltra- lo the presence of minerals. don. Compcnsa• 49. (1) A person carrying on operadons under a mlalag licence (4) A claim for compensation under the provisions of sub- tion or dis• sball:- section (1) shall be made within a period of four yean from the turbance of date when such claim has accrued, falling which, notwithstanding rigbU etc. (a) do so In a manner that does not Interfere with the the provisions of any other written law, such claim shall not be existln1 use of land or the territorial - or Inland enforceable. waten to any &realer Htent than Is reasonably necessary for the uerclse of that rl&ht and SO, (1) Where It appears to the Minister, having regard to any Interference performance of the dudes of that person; representations that may have been made to hJm or otherwise, that or damage the holder of any mineral right over any area of the territorial sea, 10 fishing (b) take no action that In any way Interferes with or over an7 lagoon or Inland waten or any part of the foreshore has etc. fishing or navigation nnless he obtains prior in the uerclse of his rights thereunder Interfered with or caused approval from the ColllJlllssloner, substantial damage to fishing, the gathering of crus'taceans, shells or plants or to any other activity cnstomarily carried on in such (2) The holder of a mineral rlpt shall on demand being area be shall appoint a Board of Calms to inquire into the matter made by the owner or lawflll occupier of uy land subject to such and where appropriate to award compensation. right, pay such owner or occnpler fair and reasonable compensa- don for any disturbance of the rlpts of such owner or occupier and (2) A Board of Calms appointed under this section shall for any damage done to the land by such operations and shall, on consist of three persons at least two of whom shall be Virgin demand being made by the owner of an7 crops, trees, bulldinp or lslanden and decisions of the Board shall be by a majority. works damaged during the conne of such operations, pay compensation for such damage provided tbal:- (3) A Board of Claims appointed under this section shall have the powen of Commissioners appointed under the Commis- (1) payment of rent under the provisions of section 48 sion of Inquiry Ordinance and sections 3(3), (4), 4, 6, '1, 10, 11, 12, 66 fj] 13, 14, and 16 of thal Ordinance shall app. a CommlAlon of ,,}o'Vided, however, a higher rate may be prescribed In tbe Inquiry. case of precious stones and radio active minerals. (4) References 10 the Governor In the Commission of (3) For the purpose of this section the "gross market Inquiry Ordinance shall be read and conslnled as If Ibey were value" of minerals shall mean their gross market value free on references 10 the Minister, and references In thal Ordinance to the board at the port of export from the Brldsh Virgin Islands. Commission, and to the Commlasloner shall be read and coastrued as if they were references to a Board of Claims, and to members of that Board. 53. (1) The Minister may, on behalf of the Government, enter Agreement into an agreement concerning royalties with any person who Is or concei:mng (5) Where a Board of Claims finds that any penon bas may become liable to the payment of royalties under this royaltJcs. been adversely affected by sncb Interference or dama1e as Is Ordinance. referred to In snbscctlon (I) the Board may order the bolder of the mineral right lo pay to such person sncb compensation as having (2) No agreement entered Into nuder this section shall have regard to all the circwnstances Is fair and reasonable. effect unless and unlll it Is ratified by the Legislative Council but upon ratification on agreement shall be deemed to have come into (6) Any snm wllicb the bolder of a mineral rl1ht bas been operation on the date spedfied In that agreement. ordered to pay as compensation by a Board of Claims shall subject to the provlsloas of subsection (7) be recoverable as though the (3) An agreement entered into under this section may vary same were a Judgement debt due to the persou In whose favour such the provisions of this Ordinance Insofar as such pro'Visions:- order bas been made. (a) impose liability to royalties; or (7) Where the bolder of a mineral rlghl or any other persou Is aggrieved by an order made by a Board of Claims under the (b) regulate the imposition of such liabillty. provlsioas of subsection (5) be may appeal lo the High Court and the High Court may after bearing the appeal confirm, quash or (4) If auy agreement entered Into under this section vary tbe order of the Board of Claims or make such other order In imposes any liability to royalties, such liabillty shall be deemed to the matter as the Justice of tbe case may require. be a liability Imposed under this Ordinance and the provisions of this Ordinance shall apply thereto. Compulsory 51. (1) Where the Minister coulden that any land Is required porc~ase or to secure the development or utlllsation of the mineral resources of- .. - land, the British Virgin Islands be may compulsorily acquire inch land. 54. (1) Where, for any reason, It is impracticable to assess the Provisional amount of any royalty due, the Minister may assess a pro'Visional royalty. (2) Acquisition of land under this teedon sball be deemed royalty. to be for a public purpose ID terms of the provisions of the Land Acquisition Ordinance and any acquliltlon under this teedon lball (2) When any royalty due bas been ascertained, the bolder be affected In accordance with the provisions of that Ordlnaace. of tbe mining licence concerned shall pay any sum which may be required to complete such ascertained royalty or be entitled to be repaid any sum paid In excess of the ascertained royalty as the case PART VI maybe. FINANCIAL Royalties. 52. (1) Tbe bolder of a mining licence shall, In accordance with 55. (1) If the bolder of a mining licence falls to pay any royalty Failure to the provlsloas of this Ordinance, pay royalties on aay minerals or pro'Vislonal royalty due in respect of that licence on or before the pay royalties obtained by him In the exercise of bis rights thereunder. due date or any exteaslon thereof, the Minister may, by order etc. served on the holder of the mining licence concerned at the address (2) Royaldes shall be paid on minerals obtained by the maintained pursuant to section 42(1)(d), prohibit the disposal of holder of a mlnlng licence at such rate not exceeding ten percent of any mineral from such mining area, or from any other mining area the gross market 'Value of the minerals as the Minister may held by such bolder until all outstanding royalties have been paid or prescribe or otherwise such rate as may be agreed between tbe unW an arrangement bas been made, acceptable to the Minister, Minister 11Dd the bolder of a mining licence: for the payment of such royalties. 68 69 Remissions, 56. (1) The Minister may after conseon with the Minister ~pply to the Minister in the manner hereinafter ex;"'palsuom, of Finance rem1t, in whole or In part, any royalty payable on any provided for a certificate of surrender; and de,err III nl or as any -• respect of • nune uunenl prod uced f rom a particular deposit, for royalties etc. such period as be may deteralln& if be considers It expedient In the (c) inform the Minister of the results of any recon- Interests of the producdon of such mineral so to do. naissance or prospecting undertaken in the area to be surrendered and submitting such records or (2) The Minister may exempt from liability to royalty reports In respect thereof as the Minister may samples of minerals acquired for the purpose of assay analysis or require. other examination. (3) If the application for a certificate of surrender Is la (3) The Minister may, on application beln11 made to him by respect of part only of the area covered by a prospecting licence or the bolder of a m1nenl right defer payment of any royalty due from mining licence, the bolder thereof shall:- such bolder for such period tnd subject to such conditions as be may determine. (a) in bis applicatioa:- Annual S7. (1) There sbaD be paid to Gonrnment by every bolder of a (1) If ii relates to a mining area, chars: for• mlnenl right an annual charge In such amount as the Minister may provide a diagram of the area to ;r;:~ determine or as may be prescribed. be surrendered; (2) The annual charge payable under the provlsions of (11) la the case of a prospecting area subsection (1) shall be paid on the issue of a minenl right and or a reconnaissance aRa, provide thereafter anuually on the anniversary thereof until the ternllnation a reliable plan, la a form ofsucb right. acceptable to the Minister, of the area to be surrendered. Guaramces SIi. The Minister may, from lime to lime, make sucb arrange- for perform- ments as to blm appear appropriate to ~ that the bolder of a (b) if the application Is approved, demarcate the ance etc. mineral right, compiles with the provls1ou of this Ordinance, and, remaining area in the prescribed manner. without prejudice to the generality of the foregola11, may accept guarantees, whether from sbaRbolders or otherwlae, la respect of (4) Where in accordance with the provisions of this section such compliance. application bas been made for a certificate of surrender and the appllcant bas complied with the requirements of subsection (2) the Commissioner shall, snbject to the provisions of subsection (S), PARTVII Issue a certificate of surrender. WITHDRAW AL OF APPUCATIONS, SURRENDER AND (S) The Commissioner shall not be under obligation to TERMINATION OF MINERAL RIGHTS grant a certificate of surrender lf:- Withdrawal 59. An applicant for a mineral rlg!lt or any renewal thereof (a) at the lime when application for a certificate Is of applica~ may withdraw bis application at any time before such appllcadon ii made the applicant Is in default; or lions. approved or rejected by nodfylng the Minister, In wrilin1, that be withdraws such application. (b) the Commissioner Is not satisfied that the applicant wW leave the area to be surrendered in Surreuder of 60. (1) Subject to the provls1ou of this secdon and to any a condition which ii safe and accords with good pr~spe,ctmg condition In bis licence the bolder of a mineral right may surrender mlalng practice. : , . . ~ the area covered by bis licence or part thereof. (6) No surrender of any area covered by a mlnenl right (2) The bolder of a mlnenl right shall before surrendering shall take effect unless In respect of that area the Minister has the area covered by bis licence or part thereof:- Issued a certificate of surrender and the surrender of any such area shall not affect any liability which bu accrued before the date of (■) &Ive to the Minister not less than three months' the surrender. notice of bis Intention to surrender; 70 71 (7) On the Issue of a certlficateAsurrender the Minister 62. (1) Upon termination of any mineral right whether by Record etc. sbaU:- reason of surrender punuant to section 59 and cancellation to be dcliv- pursuant to section 60 or expiration of the term for which the right crcd ~-• tcr- (a) if the surrender is in relation to the whole area bas been granted the bolder thereof shall deliver to the Minister:- mma 100 • covered by a mineral rl&bt, cancel the licence; or (a) all records which the bolder Is obliged under the (b) if the surrender is in respect of part only of lbe provlsloas of Ibis Ordinance to maintain; area covered, amend tbe licence accordingly. (b) all plans or maps of tbe area covered by the Suspension 61. (1) Subject lo lbe provisions of this section, the Minister mineral right prepared by the bolder or at his or cancella• may suspend or cancel a mineral right if lbe bolder lbereof:- instructions; and tionof a mineral right. (a) rans to make any of lbe payments required by or (c) such other documents relating to the mineral right under this Ordinance on the due date; as the Minister may direct. (b) contravenq11ny provision of this Ordinance or lbe 63. Wbere:- Extension of conditloas of bis mineral right or tbe provisions of period of (a) the bolder of a reconnaissance licence bas made prospecting any other written law relating lo mines and or mining minerals; application for a renewal thereof; or licence. (c) dies or becomes Insolvent or commits any act of (b) the bolder of a prospectlag licence bas made bankruptcy or enten Into any agreement or application for a renewal thereof or for a mining scheme of composition with his credllon or takes licence over part of the area covered by bis pros• advantage of any written law for the benefit of pectlng licence; or debton or, In the case of a company, goes Into liqnldatlon, except as part of a scheme for lbe (c) lbe bolder of a mining licence has made applica• reconstrnctlon or amalgamation of lbe bolder tlon for a renewal thereof, thereof; the Minister may extend the period of validity of such reconnais• (d) makes any statement to the Government (lndudiq sance licence, prospecting licence or mining licence, as the case any public officer) In connection with bis mlnenil may be, pending bis decision on application. right which be knows or ought to have known was false In any mineral partlcular. 64. (1) Upon termlnalion of any mineral right under the Consequcn- provlslons of this Part:- ces of termin- ation. (2) Before suspendlna or caucellln11 a mineral right under paragraphs (a) and (h) of subsection (1), the Minister shall give the (a) tbe bolder shall forthwith pay to tbe Government bolder thereof notice In writing specifying the particular failure, all moneys that may have then been payable or contravention or default complained of aad caUlng upon the bolder may have accrned due under that mineral right or to remedy the same within such period, being aot less than 30 days, otherwise in respect of the mining operation as may be specified In such notice. undertaken by the bolder under the authority of that mineral right. (3) U the bolder of a mineral right falls to remedy any failure, contravention or default specified In paragraphs (a) and (b) the bolder shall leave the reconnaissance area, (b) of subsection (1) within tbe period spedfled In a aollce issued prospecting area or mining area, as the case may under subsection (2), or If there is an event specified In paragraphs be, and everytblng therein In a safe condilion and (c) or (d) or subsection (1), the Minister may, by notice lo the in accordance with good mining practice shall bolder thereof, cancel the mineral rl&bl forthwith. unless otherwise directed by the Mlnlster:- (4) On canceUatlon of a mineral right under the provlsioa (1) fill up or fence and make safe all of Ibis section, the rights of the bolder thereof shall cease but boles and excavations to tbe satls• without prejudice to any llabllltles or obligations lncw-red In faction of tbe Commissioner for relation thereto prior to the dale of cancellation. Mines; and 72 73 (ii) take all reasonable measl& to restore tbe surfaces of tbe area has oot been sold, removed or otherwise disposed and all stroctures thereon not the of wlthlo three months from the expiry of the property of tbe holder to tbelr period referred to therein shall become the original condition. property of the British Virgin Islands free from eocombraoces without cost or any liability on the (2) Upon termination of a prospectio11 llceoce:- part of the Government to pay compensation therefor. (a) tbe holder may within six months from tbe date of termination, remove from tbe prospectlo11 area all stroctures and lostallatlooa and all moveable PARTVlll assets owned and placed by him In tbe area; RECORDS, INFORMATION AND ARBITRATION (b) all structures and lnstalladooa and all moveable assets not so removed sball become the property 65. (1) The Minister shall maiotaln records of all mllleral rights Records of of tbe Britislt~ Virgin Islands free from encum- Issued uoder the Ordinance ID sufficient detail to show:- minerals to be main• brances and wlthoot cost or any liability on the taincd. part of the Government to pay compeoaatioo (a) the name of the bolder of the mloeral right; therefor. (b) the area subject to the mloeral right; (3) Upon termloadoo of a mlnlq liceoce:- (c) the date of Issue and duration of the mloeral right; (a) all plant and equipment and uo11-1110veable assets aod owned and placed In the mlllln& area by the bdlder shall become the property of tbe Govemmeot free (d) the mineral for which the right Is granted. from eocombrances and without cost or any liability on the part of the Govemmeot to pay (2) Records maiotalned under subsection (1) shall be open compensation therefor; · to lllspectloo by memben of the public during oormal government office hours, and memben of the public shall be permitted to take (b) all materials, supplies, vehicles and other copies thereof. moveable assets of the holder In the mlnlo11 area which are fully depreciated for tax purposes, shall 66. (1) Subject to such further or other provision contained In Information become the property of the Government free from any asreemeot to which the Government aod the holder of a confidential. encumbrances without cost or any liability on the mineral right are parties, loformatioo or records of a commercial part of the Government to pay compensation nature the disclosure of which may prejudice the holder's position therefor; with its compeliton supplied to the Minister under any provision of this Ordinance shall so long as the person supplying the same or his (c) all materials, supplies, vehicles and other successor In title retaios a mineral right over the area to which the moveable assets which are not then fully de• records relate, be treated as confidential and shall not be divulged predated for tax purposes shall within 30 days without the cooaent of the penoo supplying the same or his from tbe day of tbe termination be offered for sale successor lo title, such cooaeot not to be unreasonably withheld: to tbe Minister at tbe theo depreciated cost; Provided that nothing In this section shall prohibit the (d) the holder may sell, remove or otherwise dispose disclosure of any confidential Information:- of any of the property referred to In paragraph (c) of this subsection which has been offered for sale (\} where such dlsclosore Is necessary for the purposes to the Minister In accordance therewith and such of this Ordloaoce; offer bas not been accepted by the Minister wlthlo 30 days from the date thereof; (U) for the purposes of a prosecution under Ibis Ordinance; (e) all propert, referred to 111 section 61 (2)(e) which (Ill) to any penoo being a consultant to or officer 74 75 employed of the Government wh. .pproved by would cllhr a voting right or other financial Interest exceeding the Minister to receive such confidential Inform■• 20% of ilif total of all of such rights or Interests or which would lion. confer any right to appoint dlrecton; or which would alter the beneficial ownenbip or control of the company and, ID considering any appllcatlon for such approval, the Minister may call for and PARTIX obtain such Information u be considers necessary. MISCELLANEOUS (2) A company which Is the bolder of a mining licence shall notify the Minister of any significant change In the shareholding or Arbitratioo. 67. Where In this Ordinance provision Is made for a matter to control of any company of which It is a subsidiary either directly or be refened to arbitration, the matter shall be referred to arbitration lndlrectly. in accordance with the provisions of the Arbitration Ordinance 1976. PARTX Restrictions68. (1) No prospecting licence shall be transferred or 11S8lgned on assign• or no mining llcena-i»r any Interest therein shall be transferred, OFFENCES AND PENALTIF,S mcntof prospecting assigned, mortgaged or dealt with In any other way without the aodmioiog approval of the Minister, and any purported transfer, 11S8lgnment, 70. Any penon wbo:- Offences. licence. mortgage or dealln& without such approval shall be void and of no effect. (a) conducts reconnaissance, prospects. or mines otherwise than In accordance with this Ordinance (2) Ill any application to the Minister for bis approval contrary to section 5(1); under subsection (1), the applicant shall pve such partlculan concerning the proposed transferee, assJ11nee, mortgacee or other (b) utilises building materials contrary to section 5(2); party concerned u the Minister may require. (c) falls or neglects to comply with any direction given (3) Subject to the provisions of subsection (4), the Minister by the Minister under section 8; may, In bis discretion, crant or refnse bis approval to any transfer, assignment or mortgage or other dealln11 with any mlnln11 licence (d) obstructs, binders or delays an authorised officer or Interest therein, and may Impose such conditions u be ma1.. In the performance of bis duties under this deem flt, - Ordinance; (4) The Minister shall give bis approval where the proposed (e) destroys or otherwise disposes of any core sample transferee or usignee of a prospectln11 licence Is a penon con- contrary to section 9(1) or falls to maintain a troUln11, controlled by, or under Joint or common control with, the proper record of any core or sample In compliance bolder of the prospectlu11 licence, provided that such transferee or with section 9(2); · assignee Is not disqualified under any provision of this Ordinance from boldlng a prospecting licence ud the Minister Is satisfied In (f) In making appllcatlon for any mineral right or respect of such transferee or assignee of the matten specified In rmewal of any mineral right under this Ordirumce, subparagrapb.s (a), (c), (e) and (f) of section 18 (1). knowingly makes a statement which Is false or misleading In any material particular; (5) Where the Minister bu given bis approval to the transfer or assignment of a prospecting licence, the transferee or (II) In any report, return or affidavit submitted In assignee shall 11SSDme and be responsible for all rights, UabUltles pursuance of the provisions of Ibis Ordinance, and duties Incurred by the transferor or asslcnor under the knowingly Includes any statement which Is false or prospecting licence prior to the transfer or assignment. misleading In any material particular; Restriction 69. (1) Wlthoul the prior written approval of the Minister, no (b) falls or neglects to furnish any Information on assign• penon shall dispose of and no penon shall acquire, dlrectly or required by the Minister or otherwise In accord• meat or . indirectly without the prior written approval of the Minister, any ance with section 15(1); shares. interest In a company which Is the bolder of a mining Ucence which 76 77 (I) removes any mineral from a rec 'JSance area iJ[h section 43 to cease using wasteful mining or contrary to section 15(2) or from""'a prospecting treatment practices; area contrary to section 32; (p) falls or neglects to notify the Minister of any (j) falls or neglects to notify the Minister of the termination, suspension or curtailment . of dlscovery of a mineral deposit lo compliance with production contrary to section 45(2); section 28(1); (q) (I) falls to comply with any notice (k) falls or neglects to comply with any reqlllrements Issued by the Governor lo Council by the Minister to fnrolsb proposals DDder under section 46(1); section 28(2) or farther proposals reqolred by the Minister lo accordance with section 28(3); (li) falls or neglects to submit any sales contract to the Minister lo (I) falls or neglects to keep full and accnrate records accordance with section 46(2); of bis prospecting operations lo accordance with section 31(3);.~ (r) exports any radioactive mineral coatrary to section 46(3) or falls to comply with any of the (m) falls or neglects to notify the Minister of the terms and conditions of a permit under that dlscovery of any farther deposits or minerals lo section; accordance with section 41(2); (s) (I) exerciJes any mineral right con- (n) falls to:- trary to section 47(1) or (3); (1) demarcate and keep demarcated (II) falls to notify the Minister of any the mlnln11 area lo accordance find of historical or archaeo- with section 42(1)(c); logical significance In accordance with section 47(1) or falls to (li) keep and maintain an address In comply with any directions given the British Vir&ln Islands lo by the Minister under that sec- accordance with section 42(l)(d); tion; (ill) notify the Minister on commence- (ill) carries on mining operations ment of commercJal production contrary to section 49; In accordance with ICCllon 42(1)(e); (t) falls to pay any royalty, provisional royalty or (Iv) maintain the technical records charge prescribed or agreed under Part VI before reqolred by sectlOll 42(2)(a)(I), the due date or auy exteulon thereof; the docwnents specified lo sec• tloa 42(2)(a)(li) and the flaudal (u) falls upon termination of any mineral right to records reqolred by or DDder deliver to the Minister the documents specified lo section 42(2)(a)(ill) lo accordance section 62(1); with those provlslou; (v) acquires or disposes of any loterest lo a company (v) submit reports required by the wblcb Is the bolder of a mining licence contrary to Minister DDder section 42(2)(c); section 69(1); (vi) furnish the Minister with every (w) being a company which Is the holder of a mining anaual flnandal report lo accord• licence, falls to notify the Minister of any ance with section 42(2)(d); significant change In the shareholding or control of any company of wblch that company Is a (o) falls to comply with any order by the Minister subsidiary In accordance with section 69(2); 78 79 (11) (I) places or deposits, or is9essory PART XI to the placing or deposlilug of, uy mineral In any place with the REGULATIONS Intention to mislead uy other person as to the mineral potential 71. The Mlalster may Blake regulations for the better carrying into Regulations. of such place; effect of this Ordinance and, In particular and without prejudice to the generality of the foregoing, regulations may provide for the (11) mingles or cau.ses to be mingled following matters or purposes:- with uy sample of ore, any substance which will enhuce the (a) preserlblng anything which la terms of this value or In uy way chuge the OrdJnauce Is to or may be prescribed; nature of such ore with Intention to cheat, dece.ive or defraud; (b) for malclng of returns of minerals won and for the valnation of such minerals, and the sampling, (Ill) Is engaged lo tbe business of weighing and testing of any mlne1111; milJlp&,leachlog,sampllog,con• centratlng, reducing, useylog, (c) the manner In which applications under this tnmsportlng or deallna In ores, Ordinance shall be made, and any additional metals or minerals ud who keeps lnformatlon to be supplied by applicants; or uses any false or fraudulent scales or wel&hts, for wel&blog (d) tbe shape of the areas over which mineral rights such ores, metals or minerals, or may be granted; wbo uses uy false or fraudulent IISl8Y scales or wel&bts or enridled (e) the manner in which areas and boundaries shall be fi11ees used for ascertalulq tbe marked, buoyed, beaconed and snrveyed and the assay value of minerals, bowing fees payable in respect of such survey; theDI to be false or fraudulent, (f) the returns to be rendered and the nature of the shall be guilty of an offence. accounts, books and plans to be kept by the holders of mineral rights; Penalties. 71. (l) Any penon 1ull1Y of an offence under:- (&) the method of calculation of the amount of (a) paragraphs (a), (e), (f), (&), (I), (l), (k), (o), (p), · royalties and the manner and time of payment (q), (a) or (b), (r), (t), (n), or (JI) of section 70 shall thereof; be liable on conviction to a fine not aceedlJlg five tbotmad dollars or to lmprillonmellt not -'Ina (b) the fees to be paid in respect of any matter or thing one year, or to botb such fine ud 1ncll bnprlson- done under this Ordinance; Dlent; (I) the amalgamatlon of mineral rights; (b) any paragraphs of section 70 other lbu thoae referred to la paragraph (a) of this section, shall (l) tbe defiling or wasting of water, wherever situated be liable on convlcdon to a fine not aceedlng one and wherever obtained; thousand dollars or to lmprlsoDDlent for a period not uceedlng six months or to botb SIICb fine ud (k) the nature of any plan or diagralll required for the sucb hnprlso11ment. purposes of this Ordinance; (2) On a second or snbsequenl conviction for u offence 0) providing for the examination of mineral consign- under section 70 a court may Impose a penalty wbich does aot ments and tbe Issue of export permits In respect tllceed double the applicable penalty referred to lo subsection (1). thereof; 80 81 (m) conferring upon any public 'lfflcer specified therein such powen of Inspection and enquiry as may be reasonably necessary for tbe proper carrying out of the promlons of Ibis Ordinance; (n) ensuring tbe safety of navlgadon and shipping and the marking of Installations; (o) prevenliag pollution and protecling tbe living resources of the sea; (p) promoliag tbe safety of workmen and notification of acddeals; (q) prevenlinll ~amage lo or Interference wllb com- munications. (2) Replalions made nuder Ibis seelion may provide a penalty for the contravention thereof la any amonat not exceeding ssoo. Passed the Legislative Connell this 16th day of October, 1980. I.DAWSON, Speaker. M.G.BORDE, Clerk of tbe Legislative Connell. 82