MINING ACT 1978 - SECT 132

MINING ACT 1978 - SECT 132

132 .         Jurisdiction of warden’s court

        (1)         A warden’s court has jurisdiction to hear and determine all such actions, suits and other proceedings cognizable by any court of civil jurisdiction as arise in respect of —

            (a)         the area, dimensions, or boundaries of mining tenements;

            (b)         the title to, and ownership or possession of, mining tenements or mining products;

            (c)         water to be used for mining and any questions or disputes relating thereto;

            (d)         trespass or encroachment upon, or injuries to, mining tenements;

            (e)         specific performance of contracts relating to mining tenements or mining;

            (f)         transfers and other dispositions of, and charges upon, mining tenements;

            (g)         trusts relating to mining tenements or mining;

            (h)         partnerships relating to mining tenements or mining, the existence, formation, and dissolution thereof, the taking of accounts connected therewith, the contribution of the partners as between themselves and the determination of all questions arising between the partners;

                  (i)         contribution by or between persons holding joint or several interests in mining tenements towards rent or other expenses in relation thereto;

            (j)         encroachment or trespass upon, or injury to, land by reason of mining, whether the land is held under this Act or otherwise;

            (k)         encroachments upon, injuries to, and matters affecting roads, tramways, railroads or other property of whatever kind constructed, held or occupied under this Act;

            (l)         the partition, sale, disposal, or division of any mining property, or the proceeds thereof, held by 2 or more persons having conflicting interests therein,

                and generally all rights claimed in, under or in relation to any mining tenement or purported mining tenement, or relating to any matter in respect of which jurisdiction is under any provision of this Act conferred upon the warden’s court.

        (2)         Every warden’s court has jurisdiction throughout the State, including any area that comes within paragraph (b) of the definition of land in section 8(1), but any action, suit or other proceeding within the jurisdiction of a warden’s court in respect of, or in relation to, any mining tenement shall be brought in the warden’s court for the mineral field or the district thereof assigned to the court and in which the mining tenement is.

        (3)         Where a warden’s court is satisfied that any action, suit or other proceeding pending in the court has been erroneously brought before the court, or could more conveniently be dealt with in another warden’s court, the court may, notwithstanding subsection (2), order the mining registrar of the court —

            (a)         to transmit a copy of the record of the proceedings to the mining registrar of such other court; and

            (b)         to give notice thereof to the parties to the action, suit or proceeding.

        (4)         When the mining registrar receives a copy of the record transmitted to him pursuant to subsection (3) —

            (a)         he shall appoint a day for the hearing or further hearing or other consideration of the action, suit or proceeding so transmitted; and

            (b)         he shall give notice thereof to the parties thereto,

                and the action, suit or proceeding shall be heard or considered accordingly.

        [Section 132 amended: No. 39 of 2004 s. 70 and 85; No. 12 of 2003 s. 10.]