MINING ACT

ARRANGEMENT OF SECTIONS

PART I
General

   1   Short title

   2   Interpretation

   3   Unlawful mining and unlawful prospecting

   4   Act does not apply to oils

   5   Appointment and duties of officers

   6   Delegation of powers

   7   Royalties

   8   Lands excluded from prospecting or mining

   9   Power to close areas to prospecting, etc

   10   Power to revoke prospecting rights, etc, in cases of fraud, etc

   11   Notice and security for compensation for damage

   12   Payment of compensation to owners or occupiers

   13   General deposits

   14   Land under mining lease, etc, required for public purposes

 

PART II
Prospecting

GENERAL

   15   When prospecting lawful

   16   Prospecting for specified minerals may be prohibited

   17   Disposal of minerals obtained in prospecting

 

Prospecting Right

   18   Grant of prospecting right

   19   Rights and obligations under a prospecting right

   20   Revocation of a prospecting right

 

Exclusive Prospecting Licence

   21   Grant of exclusive prospecting licence

   22   Rights under a licence

   23   Obligations under a licence

   24   Record of prospecting operations

   25   Discovery of minerals to be notified

   26   Transfer of licence

   27   Surrender of licence

   28   Revocation of licence

   29   Obligations of holder on termination of licence

 

Special Exclusive Prospecting Licence

   30   Grant of special exclusive prospecting licence

   31   Rights, etc, under licence applicable to special licence

 

PART III
Mining

GENERAL

   32   When mining lawful

   33   Grant of a mining lease

   34   Duration of lease

   35   Rights under a mining lease

   36   Obligations under a mining lease

   37   Record of mining operations

   38   Discovery of minerals to be notified

   39   [Repealed by Law 21 of 1959 s 2.]

   40   Transfer of a mining lease

   41   Surrender of lease

   42   Revocation of lease

   43   Treatment of tailings after termination of lease

   44   Owner may remove plant, etc, on termination of lease or water right

   45   Special mining lease

   46   Special mining lease for bauxite or laterite

   47   Power of Minister to approve additions to area of special mining lease for bauxite or laterite

   47A   Minister may prescribe minimum amount of minerals to be extracted

 

PART IV
[Deleted by Act 36 of 1995 3rd Sch.]

   48-57   [Deleted by Act 36 of 1995 3rd Sch.]

PART V
Passageways

   58   Interference with passageways

   59   Acquisition of right of passageways

   60   Duration of right to passageways

   61   Use of mining road

 

PART VI
Inspections and Accidents

   62   General inspections

   63   Power to remedy dangerous practice, etc

   64   Penalty on failure to comply with notice

   65   Proceedings in case of accident

 

PART VII
Registration

   66   Licences, etc, to be registered

   67   Transfer of interests in licences, etc, to be registered

   68   Registration not to cure defect

   69   Searches of register

   70   Mining leases, etc, to be registered or recorded

 

PART VI
Possession and Purchase of Minerals

   71   Interpretation for this Part

   72   Possession of minerals

   73   Sale and purchase of minerals

   74   Mineral dealer's licence

   75   Obligations of licensed mineral dealer

   76   Permit for small quantity of minerals

   77   This Part not to apply to any Government department

 

PART IX
Miscellaneous

   78   Survey

   79   Lateral limits

   80   Overlapping areas

   81   Priority of application

   82   Rights subsequently granted

   83   Power to take clay, etc

   84   Restrictions on export of minerals

   85   Export of radio-active mineral restricted

   86   Report of discovery of radio-active mineral

   87   Recovery of rents, etc

   88   No action against officer for acts done in execution of duties

   89   Charges for enquiry by Government officers

   90   Fraudulent representation

   91   False or misleading information

   92   Salting

   93   Placing mineral on premises with intent

   94   Obstructing person in execution of duty

   95   Interference with mining or boundary marks, etc

   96   Search warrants

   97   Power of arrest

   98   General penalty

   99   Regulations

   100   Provisions applicable to phosphates

   101   Power of Minister to amend Schedule

      SCHEDULE

 

THE MINING ACT

[Date of Commencement: 13th October, 1947]

Cap 253.

Laws
38 of 1957,
39 of 1958,
21 of 1959,
43 of 1960.

Acts
20 of 1974,
30 of 1974,
29 of 1977,
33 of 1979,
16 of 1983,
33 of 1991,
36 of 1995.

PART I
General

1   Short title

   This Act may be cited as the Mining Act.

2   Interpretation

   In this Act-

   "this Act" includes regulations made under this Act;

   "alluvial" includes all forms of mineral deposits which do not fall within the definition of lode, and for the purposes of this Act bauxite and laterite deposits shall be regarded as alluvial deposits;

   "buy" includes exchange, barter, or giving or receiving as a pledge or security and "sell" includes deposit as a pledge or security;

   "co-ordinate squares" means co-ordinate squares on the 1/50,000 topographical map of Jamaica printed in sheets identified under the hand of the Minister of Development and deposited with the Commissioner of Mines and at the Record Office on the 26th day of May, 1960;

[43/1960 s 2.]

   "deposit" means any sum or any security therefor, deposited with the Commissioner under section 13;

   "holder" of an exclusive prospecting licence, mining lease or water right includes any person in whom such licence, lease or water right, or a part of the rights thereunder, has become lawfully vested by transfer, assignment or otherwise;

   "lessee" of a mining lease includes all persons having a right or interest in or under a mining lease, whether by transfer, assignment or otherwise;

   "licence" means an exclusive prospecting licence granted under section 21,

   "lode" includes all true fissure veins, contact veins, segregated veins, bedded veins, in metalliferous bankets, stockworks, such irregular deposits as conform generally to the above classification, and beds of any mineral such as beds of iron stone;

   "to mark out" an area means to delimit such area in the manner provided in this Act;

   "Medical Officer" means any person appointed by the Chief Medical Officer to be a Medical Officer for the purposes of this Act;

   "mine" includes any place, excavation or working whereon, wherein, or whereby, any operation in connection with mining is carried on;

   "to mine" with its grammatical variations and cognate expressions means intentionally to search for, extract or win minerals, and includes any operations necessary for the purpose;

   "minerals" except for the purposes of Part VIII of this Act has the same meaning as in the Minerals (Vesting) Act;

   "mining lease" means a mining lease granted under section 33;

   "mining rights" means rights under a mining lease;

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