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.]