MINING ACT 1978 - SECT 95
MINING ACT 1978 - SECT 95
95 . Surrender of mining tenement
(1) Subject to this
Act, the holder of a mining tenement may surrender the tenement in whole or in
part by lodging a surrender for registration.
[(2), (3) deleted]
(4) Where a mining
tenement is being surrendered as to part only, the form of surrender shall be
prepared by reference to a written description of the area of the part to be
surrendered, and be accompanied by a map on which are clearly delineated the
respective boundaries of that mining tenement and of the part of that mining
tenement which is being surrendered.
(5) Where part of a
mining tenement is surrendered, notification thereof shall be endorsed as
prescribed on the mining tenement, for which purpose the holder shall produce
his copy of the document on demand, and thereafter the rent payable in respect
thereof shall be reduced as provided for in the regulations.
(6) Notwithstanding
anything to the contrary in this Act other than section 26A(3) and (4), where
a mining tenement is surrendered, whether under this section or under
section 26A or 65, in whole or in part, every right, title and interest held
under the mining tenement in respect of —
(a) the
whole of the land the subject of that tenement; or
(b) that
part of that land which is being surrendered,
as the case requires,
absolutely ceases and determines in the case of —
(c) a
conditional surrender, on the date on which the surrender becomes absolute;
(d) a
surrender other than a conditional surrender or a surrender under
section 26A(2) or 65, on the date the surrender is registered;
(e) a
surrender under section 26A(2), on the expiry of the period referred to in
section 26A(1);
(f) a
surrender under section 65, on the date on which the surrender becomes
effective under that section.
[Section 95 amended: No. 52 of 1983 s. 5; No. 100
of 1985 s. 67; No. 105 of 1986 s. 12; No. 22 of 1990 s. 27; No. 54 of 1996 s.
14; No. 39 of 2004 s. 92.]