MINING ACT 1978 - SECT 97
MINING ACT 1978 - SECT 97
97 . Forfeiture of mining lease or general purpose lease
(1) Where a mining
lease or general purpose lease is liable to forfeiture for a breach of the
lessee’s covenant to pay rent or royalty or for breach of a covenant
included in the lease under section 82(1) or section 89 or a condition to
which the lease is subject, the Minister may declare, by notice under his hand
published in the Government Gazette , such lease forfeited.
(2) The production of
a copy of the Government Gazette containing a notice published therein
pursuant to subsection (1), is evidence that a breach of such a covenant has
been committed by the lessee, and that the estate and interest of the lessee
in such lease has been lawfully determined.
(3) Subject to
section 97A, the Minister, for any cause that he deems sufficient, may cancel
the forfeiture of any such lease and by subsequent notice under his hand
published in the Government Gazette , restore the lessee as of his former
estate in respect of the forfeited lease.
(4) The Minister, upon
such cancellation and restoration as is referred to in subsection (3), may
impose upon the lessee such conditions as he thinks fit.
(5) The Minister, as
he thinks fit in the circumstances of the case, as an alternative to declaring
the lease forfeited, may —
(a)
impose on the lessee a penalty not exceeding $75 000 if the lessee is an
individual or $150 000 if the lessee is a body corporate; or
(b)
award the whole or any part of the amount of any such penalty to any person,
other than an officer of the Department; or
(c)
impose no penalty on the lessee.
(6) Where any penalty
imposed as an alternative to forfeiture under subsection (5) is not paid
within the time specified by the Minister, or within 30 days of written notice
of the penalty being given by the Minister to the lessee if no other time is
specified by the Minister, the lease is thereby forfeited.
[Section 97 amended: No. 100 of 1985 s. 70; No. 22
of 1990 s. 29 and 38; No. 15 of 2002 s. 28; No. 51 of 2012 s. 30.]