MINING ACT 1978 - SECT 84

MINING ACT 1978 - SECT 84

84 .         Conditions for prevention or reduction of injury to land

        (1)         On the granting of a mining lease, or at any subsequent time, the Minister may impose on the lessee reasonable conditions for the purpose of preventing or reducing, or making good, injury to the land in respect of which the lease is sought or was granted, or injury to anything on or below the natural surface of that land or consequential damage to any other land.

        (2)         Without limiting the generality of subsection (1), the Minister may, on the granting of the mining lease or at any subsequent time, if it is reasonable in all the circumstances so to do, impose on the lessee a condition that mining operations shall not be carried out within such distance of the natural surface of the land in respect of which the lease is sought or was granted, as the Minister may specify.

        (3)         Any condition imposed under this section may at any time be cancelled by the Minister or from time to time varied by him.

        (4)         A condition imposed in relation to a lease under this section —

            (a)         may, either in full or with sufficient particularity as to identify the recommendation or other source from which it derives, be endorsed on the original and the duplicate of the lease, for which purpose the lessee shall produce the duplicate of the lease on demand; and

            (b)         whether or not so endorsed, on notice of the imposition of the condition being given in writing to the lessee shall for all purposes have effect as a condition to which the lease is subject; and

            (c)         where it is set out or otherwise sufficiently identified in the notification of the grant of the lease, shall have effect as though the lease had been issued duly endorsed as to the terms of that condition.

        [Section 84 amended: No. 100 of 1985 s. 57; No. 12 of 2010 s. 11.]