• Specific Year
    Any

MINING ACT 1978 - SECT 38

MINING ACT 1978 - SECT 38

38 .         Right of owner to apply for mining tenement

        (1)         The owner of the private land to which section 37 refers may, at any time within the period referred to in section 37(3), apply for a mining tenement in respect of the private land or any part thereof.

        (2)         Where within the period referred to in subsection (1) the owner of the private land fails to apply for a mining tenement with respect to the land as provided in that subsection, or if he so applies but a tenement is not granted, —

            (a)         the land shall come within the operation of this Division and all rent and royalties received by the Crown for any minerals won from the land shall be paid to the owner of the land less one-tenth of the amount thereof; and

            (b)         the Minister may grant to the person who made the application under section 37(1) for such period as he thinks fit, the prior right to the exclusion of all other persons to mark out the private land or any part thereof and/or apply for a mining tenement in respect thereof.

        [Section 38 amended: No. 69 of 1981 s. 15; No. 100 of 1985 s. 26; No. 19 of 2010 s. 51.]