MINING ACT 1978 - SECT 32

MINING ACT 1978 - SECT 32

32 .         Rights conferred by a permit

        (1)         The holder of a permit issued under section 30 or his duly authorised employee or agent is thereby authorised —

            (a)         to enter upon and remain upon the surface of the private land to which the permit relates and to search thereon for any mineral and to mark out, and repair and maintain the marks set up and notices relating to the application for one or more mining tenements with respect to that land or any part thereof; and

            (b)         to search thereon for any mineral and detach one or more samples of any vein or lode outcropping on the surface thereof not exceeding in the aggregate 13 kg and to take therefrom such other samples as may be agreed by the owner or, where the owner is not in occupation of the private land, the occupier of the private land; and

            (c)         to remove from the private land such samples for the purpose of assaying or testing the value thereof,

                but the holder or his duly authorised employee or agent shall not carry out any other mining on or otherwise disturb the surface of the land.

        (2)         Where a warden or a prescribed official refuses to grant an application for a permit under section 30 or grants the application on conditions the applicant considers unreasonable or fixes a sum of money under section 30(4) which the applicant considers excessive the applicant may within the time and in the manner prescribed appeal to the Minister against such refusal, conditions or amount as the case may be.

        (3)         The Minister may dismiss the appeal or uphold the appeal and grant the permit which he is hereby authorised to do.

        [Section 32 amended: No. 69 of 1981 s. 11; No. 100 of 1985 s. 23; No. 39 of 2004 s. 54.]