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blINlNG REGULATIONS ARRANGEMENT OF REGULATIONS l. Citation and apphcalion. 2. Interpretation. 3. Rpxldsi~es of application for prospecting licence. 4. Issue,, eic., of prospecting licence. 5. Keeping of record of particulars relating to prospecting licences. ~ACINU UP CLAIM 6. Prospecling For and loca~ing of claim, P w n: hIA*KLlr;G OF ~~OCSDARIE!& ISSUE OF CLAIM LICENCLS, ETC. 7. Marking out of limits of claim. B. Rules as to marking out of boundaries. 9. Matedial for marking. 10. Keeping open of boundaries and penalty for destruction. 11. Wllrrhi li~erlcc r~roked or claim abandoned beacon and bards to be destroyed. SIZE AND SHAPE OF CLAIM 12. Length and breadth of claim. 13. Shape at claim. SOTICE OF LOCATION AND APPLICATION FOR L~CENCE 14. (E) Giiing nolice of locarillg and application for licence. (3) Fiill~tg ru gi\c IIUL~CC uT lura~lor~ tin* sppllcrrion wtthln the prtscribed period and altering date of location.

Transcript of OF - Food and Agriculture Organizationextwprlegs1.fao.org/docs/pdf/guy39317a.pdf · Rpxldsi~es of...

blINlNG REGULATIONS ARRANGEMENT OF REGULATIONS

l. Citation and apphcalion. 2. Interpretation.

3. Rpxldsi~es of application for prospecting licence. 4. Issue,, eic., of prospecting licence. 5. Keeping of record of particulars relating to prospecting licences.

~ A C I N U UP CLAIM 6. Prospecling For and loca~ing of claim,

P w n: hIA*KLlr;G OF ~~OCSDARIE!& ISSUE OF CLAIM LICENCLS, ETC.

7. Marking out of limits of claim. B. Rules as to marking out of boundaries. 9. Matedial for marking.

10. Keeping open of boundaries and penalty for destruction. 11. Wllrrhi li~erlcc r~roked or claim abandoned beacon and bards to

be destroyed. SIZE AND SHAPE OF CLAIM

12. Length and breadth of claim. 13. Shape at claim.

SOTICE OF LOCATION AND APPLICATION FOR L~CENCE 14. (E) Giiing nolice of locarillg and application for licence.

(3) Fiill~tg ru gi\c IIUL~CC uT lura~lor~ tin* sppllcrrion wtthln the prtscribed period and altering date of location.

REGULATION

15. Recording of notice and application. 16. Rule of decision ss to first applicant. 17. Claim located by employee. 18. Publication of notice of location. 19. Rigllt 10 guld, etc., vblai~lcd by provisional working uf &aim. 20. Location null and void if not in accordance with regulations.

O e r ~ n o ~ TO ISSUE OF LICENCES 21. Making of objeotion to granting of olaim liccnco

22; ( l ) Restrictions on issue of licence, etc. (2) Verification of daim.

23. General dghts conferred by licence. Right of way.

24. Revocation of limnce- 25. Duration of licence. 26 (1) List of claims in exis~ence at the end of each year.

(2) List: of claims on which rent has not been paid. (3) Claims deemed abandoned for non-payment of rent, (4) Voluntary abandonment of claims.

RENT PAYABLE IN RESPECT OF LICENCES 27. E m payable fo~ licence.

PART I11 REWARD CLAIMS

28. (I) President may grant reward claims. (2) n ~ ~ m t i n n of reward clnims. (3) Sub-letling. etc., of reward claims.

PART IV RIGHT OF CHALLENGE

29. Conditions under which claim may be ohallengsd. 30. Procedure in case of challenge. 31. Mines OtfiEet may cha\\mge a claim. 32. Claim forfeited open to location. 33. Successt'ully challenged claim forkited. 34. Failure o f challenger to locate.

PART V EXCLUSIVE PLRBIISSI~NS TO EXPLORE

35. President may grant exclusive permission. 36. Conditions of exclusive permissions in speciaI cases. 37. Application for exclusive permission.

BEGUUTION 38. Adverti:crncnt of application for cxclusive permission a d oppo-

sition tbercto. 39. Reply to objection. 40. Refusal of exclusive pumission. 41. Issue of exclusivo prmission.

PART V1 CONCESIONS (anm TIW A PER~~LSSION OR AN EXCLUSIVE RIGHT TO

a P W U UNDER PART V OF nllE &GuU~IONS) AND k U E S

42. Application for concession or lease. 43. Rent payable for concessiqw. 44. Advcrtiscmtnt of application for coacession and opposition.

thcrcto. 45. Survey of concession. 46. On faiIurd of npplicant to have survey made application shall b

nbandod. 47. Farfcituro of concessian at Iarw and security. 48. Prdclent may telusc to grant concession or law. 49. Boundaria of conccssion or I w a ,

PART V11 P U R M ~ AND TRANSFER OF CON-IONS, LEASES AND LICENCES

50. Ganent right 10 transfer licences, etc. 5 1. rtequiaites uf y u ~ h w c and transfer. 52. Sdle of conccssian, lease or ficenoe in eltmtion. 53. Fee upon transfer. 54. Fm payable on trader.

PART Vi I I W A ~ m o m

55. Extent of clsims which may be held on water-course. 56. Dctern~ination of navigability of water-course. 57. Szvfllg of rigli~ uT r&avi&xtiun.

58, Uw of water-course passing through or near dafm. 59. Prohibition of flooding of claim. 60. Liccntx for consmetion of dam, etc. 61. Rules as to constmction of dam, etc., on lands acetipid by claim-

hotdcr or v a w t . 52. Construction of dams, etc.. on lands not oocupied by the claim-

holder. 63. Parrnitling dredge to cross cl$m. 6.4. Right to UM af channel, of nver or creak. 65. Prohibition of damage to m, etc. 66. Power to cancel licence. 67. Ptatccrioa of claim-holdet from deposit of &K-&, etc.

RJOHTS

68. Riat to use trees on claim.

TtEGULATIQN 69. RemovaLof tree felled on road, etc.

PLRT IX OCCUPATION OF LAND FOR ~ ~ ~ I D E I Y C ~ , MILL, ETC.

70. Occupation for specified gurposcs of land in vicinity. 71. Permission to construct railway or tramway.

PART X SURVEYS

72. Defraying of costs of survey. 73. Power to Commissioner to direct survey. 78. Modification of boundaries on survey. 75. Concession not to be granted tilt survq is mada, 76. Survey not ncccssary in ccrtaia cascs. 79. Area o f concession. 78, Boundary marks. 79. Posidon of boundary lines. 80. Survcy fees.

PART XI DETERMINATION OF DrSPUTliE

81. General provision as to determination of disputcs in first iqslance. 83. Making o f complaint. 83. Filing answer, 84. Filing of reply. 85. Place for filing ducurncnts. 86, Enlarging of time for filing documents. 87. Giving notice of hearing. 88, IIctarina. 89. Proof of document. 90. Pl~ce of sitring, etc. 91. Powcr to require survey. etc. 92. Proccdure at hearing. 93. Giving o l decision. 94, Delerrnina!ion OF licences affected by decision 95, Enforcement of decirion. 96. Right to copy of proceedings. 97. Appeal. 98, Power'to Commissioner or mines officer to order work to case. 99. C o q u e n c e of refusal or ncglcct to give e h : to ordcr,

100. Fees.

PART XI1 SANITARY REauunoNS

101, Provision of latrine, etc., on claim. 102. D;rporal of refuse wntler 103. Removal of rcfust matter. 104, Burial of dead animal.

REGLlLAf ION

105. Keeping land around shop, etc., clean. 106. Establishment of graveyards. 107. Reservation of creek for drinking water. 108. Causing water to become contaminated. \09. Drainage, etc., of land near dwellings. 110. Power of entry to abate nuisance, etc.

Commissioner to declare mine. Appointment of mining manager. Resrrictions on ernploymznt of women and children. Regulation as to s n t p i o y i ~ n t uf h y s . Limitation of working hours ofperson in charge of steam machinery Power to authorise entry ~Fsurveyor, etc. General rules to be observed in working of mine. Re~trlctinns tn driving of lufinel. Provisions as to keeping plan of mine. Right of entry and examination. Insption and d e working of mine, etc. Giving of notice as to danger or defect in mine, lnvestrgaiion of compla~nt made by miner. Negligence of mining manager. Reporting of sarious accident in mine. Liabilitv for breach of regulations of Part XIII.

PART XIV USE OF POISONOUS SUBSTAKCES ON MINES

127. Use of cyanide. 128. Fencing of poisoned water. 129. Escape of poisonous water. 130. Drinking water- 13 1. Carrying away of fumes. 132. Storing of cyanide. 133. Rzgisier of prsisuns. 134. Separate keeping of poisons. 135. Removal of poisons. 136. Cyapide antidote. 137. Cleaning smdgam 138. Vaporization of mercury.

PART XV RQYALTY PAYABLE ON GOLD, SILVER AND PREC~OUS STOSES

139. Amaunt of royalty on gold and silver. 140. Anidunt of royalty on precious stones. 141. Royalty on other valuable minerals, etc. 132. Royalty on gold, silver and precious stones,

PART XVI Lrssccs AND TRIBUTORS

REGULATIONS 143. Sub-letting claims. 144. Permission required to be on a mining claim. 145. Application for mining privilege. 146. Mining privilege not 10 exceed 12 maths. 147, Claim-holder to endorse mining privilege when tributor arrives. 148. ERect of endorsement of mining privilege. 149. Tributor may work on other claim for uaexpired period of mining

pnvdege. 150. Penatty on refusing or neglecting to endorse mining privilege. 151. Mines Officer may endorse mining privilege. 152. List of tributors to be forwarded to mines officer. 153. P h l t y on rcfusing to Iuuvc claim. 154. Officer may order any person to h removed from a claim. 155. Penalty on not producing a licencc or mining privilege when

requested by oficer. 156. Licence rnav be cancelled for breach of above remlations.

PART XVIT. E~LOYMENT OP PERSONS IN MINING DISTRICTS

157. power to employ labourers. 158. 1) Ganeral rule as to registrahon.

&l) Exception as regards h a i n d i m . 159. Deposit or band may be required in case of cornpanies.arld co-

partnerships. 160. qenatty for violetiflg provisions relating to registration. 161. Making of application for' registration. 162. Renewal of contract without registration. 163. (X ) Power to refuse registration.

($2) Raider and others May be debarred from registration by cw~m~issiunor.

164. Cettificata of registration. 165. Fee pay~~bb for registrarion. 166. Registration of discharged labourer. 167. Keeping nf record of psrsons registered. 168. Certificate of complelion of contract.

R q i n g of register of persons employed on claim. goopiug of rcgistor of tributors. Employment of Amerindians. Payment of Amerindians. Keeping on claim af book relating to wages. P*nrrlty fnr faill~rp tn rnmply with r~gItlatinnc n p tn W ~ . ~ P Q

Wages of deceared employee.

Keeping of medicine, etc., on claim.

REGL'LATIONS 177. Sendkg of sick servant to hospiral. 178. Sending down of time-expired servant. 179. Prmedure in respect of death on claim. 180. Procedure in respect of death on way to or from claim.

181. Book to be kept on claim showing goM, etc., obtained. 182. Claim-holder to keep book showing gold, etc., received from

tributor. 183. Power of oAicer to require production of gold. 184. Penalty for not keeping book. etc.

PART XIX COX~EYANCE DP GOLD, VALUABLE MINERALS OR PRECIOUS STONES

185. Restriction as to rrghr to convey gold, valuable minerals or precious . stones.

186. Mode of conveyirig gold, valuable minerals or precious stones. 187. Case of less gold or valuable minerals or precious stones received

thnn stased in permit.

PAYMENT OF ROYALTY ON GOLD, VALUABLE MINERALS OR PRECIOUS STORES

18%. Qispossll of gold, etc.,.anrd assessment of royalty thereon. 189. EKwt o l recelpt ,of royalty. 190. Penalty on persad fraydulantly workingeraw gold,

~ E ~ E N F I O M QF GOLD, VALUABLE M~NBRALS'OR PRECIOUS STONES: 191,) h&tektign OF gtilrl. val~tqhl~ min~ra le nr,prerinuq qtnnw suspected

'to be improperly obtained.' 192. Delivery of gold, valuable minerals or precious stones detained.

PART XX 5 4 L t A R U PUKCHAJC Ur GOLD, VALUABLE MI~~PKALS AND ~ L C C ~ O V S STOWES

193. R ~ ~ t r i c t i o n on sale o f gold. 19.4, Restriction on purchase of gold or precious stones. 1954 Permit to be produce& before gold, eta. is purchased, 196.' Keeping of bociks by licensed trqder in p l d or preuious stones. 197.' Production of gald by trader. 198. Disposal of gold. etc.; clsewhe* than in Georgetown, New

.4msterdam or Bartica. or in any place within ten miles of either such town or village.

199. Licensed trader to notify place of byshess and affiv notice board. 200. Purchase and sales to be in the premises licensed.

PART XXI AaPnnr n F PR~r~nrtr STONES

201. Export of precious stones to b through local bank in Georgetown unless with written permission OF Minister.

RUiULATION 202. Declaring stones before export. 203. Sealing of receptacle containing precious stories. 204. If weight of stones wrongly declared, stones IiabIe to forfeiture. 205. Penalty for breach of regulations. 206. Power to cancel trader's licence.

PART XXII THE AMERINDIANS

207. General saving as to Amerindians. 208. Occupation of land by Amerindians. 209. Protection of person lawfully occupying claim. 210. Prohibition of obtaining gold, valuable minerals or precious stones

from Amerindian. 21 1. Forfeiture of gold, valuable minerals or precious stones obtained

rhruugb AIIIGLILL~~UII. 212. Disposal of gold or prwious stones obtained by :Amerindians.

Psnr XXIII .MISCELLANEOUS

Disposal of Forfeited Gold, Valuable Minerals or Preciop Stones 213. Sale of f~rfeited gold, valuable minerals or prec!&us stones.

~ A F E T Y OF CLAIMS 214. .Commission@ may drder work to uease on @anprous cInimS. 215. Absence of commissioner.

,R$k -..51111193L

'3 212llQ38 '7~7n~~93s

MINfNG meUek~u)RS .'.i 16IIMI aljlwr 13/1 M2

nude under section 79' 221) 943 4611 943 5111945

PRELIMINARY 1; These Regulations may be cited as.the Mining;Regdations. and

shall apply to gold and precious stones and valudbie minerals and &n&ls and metals, their ores and compounds o@er than bauxite and'mineral oil, asphalt, coal and other substan'ces bf a like nature.

Jtl Cap. 65:01. Mit~i~rp

ln~er~rteatiun. 2. In these Regulations- [kes. I 111954 IklYJ3 "claim" means the area of State land in respect of which a con- I of 19711 cession is granted or a lease or licence is issued, and includes any

claim located whether a concession, lease or licence has bee11

issued in respect thereof, or not, and includes the area of any land or water in respect of which a dredging concession or river location licence is granted;

"Commissioner" means the Commissioner of Geological Surveys and Mincs;

"concession" means and includes any permission, exclusive right, concession or grant, in repsect of any portion of the State lands of Guyana under Part 11 of the Act;

"gold" means raw gold and includes any substance or thing contain- ing gold or of which gold forms a part whether it has been smelted or not, upon which the payment of royalty is not admitted by the Commissioner and shall include gold won by milling or dredging and gold imported into Guyana;

"licence and claim licence" means any licence to occupy any portion of the State Iands of Guyana fot the purposes of mining:

"river location licence" means a licence issued under Part 111 of the Act in respect to any river or portion thereof; and "river location" means the area of any land or water in respect of which a river location licence is issued;

"metals" includes ores or compou~lds of metals: "minerals" includes ores or compounds of minerals; "mining distlict" means any portion of Guyana dcclared to be a

mining district;

"officer" means and includes every district commissioner, assistant district commissioner, mines officer, officer of the Department of Gtolugical Survcys and Mines, customs officer, a l l ranks of the Police Force, every other public officer or justice of the peace specially appoi~ted by the Minister ta act under these Regula- tions and, when specifically referred to in any particular ~egulatiun, rural constnblcs;

"mines officer" means any oficer appointed by the Minister for the purposes of the Act and of these Regulations to be fines officer of a mining district;

"precious stones licence" means a Iicence for the purpose of miming ar working for precious stones only ;

"precious stones" means rough and uncut precious stones only;

Mining Cap. 65:01 4 1

Mit~ittg R e g u f a ~ l o , ~ ~ [Subsidiary J

" S C T V ~ ~ H ~ " mcans any pcrson who has ~ntcrcd into and is subjcct to a contract of service, to be performed on or in respect of any claim and includes a registered Iabourer;

"valuable minerals" means any mineral containing gold, silver. pIatinurn or any of the rarer metals or any combination of them together with some other metal or mineral matter in such pro- portion that the gold, silver, platinum or rarer metal or com- bination of them is or was of greater value than the baser metal or mineral matter in which it is or was contained.

3. ( I ) Every person who desires to prospect for the purpose of Requisites lacatina claims shall apply either personally or in writing to the ztftPk!$';O Commissioner or mines officer for a licence, hereinafter called a specting prospecting licence, to do so. itcence.

IReg. 3/1954

(2) The applicant shall give- 3/1955 1 of 19721

(Q) the full name and address ot each person fbr whom the prospecting licence is desired ;

(b) the name, style or firm, if any, by which it is intended that the nrosoectinc and workinrr is to be carried on:

(c) a permanent residential address in Guyana calIed a "registered address" at which ail notices and other process necessary for the purposes of these Regulations may be served; and

( d ) a statement that he is not under twenty-one years of age.

(3) No prospecting licence shall be issued in the name of any firm, syndicate or partnership, unless the name or names and addresses of the persons constituting such firm, syndicate or partner- ship are stated to the Commissioner or mines officer, and such persons shall, for all purposes, be subject to all the obligations imposed by these Regulations on the holders of such licences.

(4) Where a licence is applied for in the names of more than one person, the Iicence shall be granted to one of such persons only for and on behalf of himself and the other persons named in the ap(~1ir;dtion.

( 5 ) The Commissioner s r mines officer shall not issue a prospecting Licence to any person known to be a minor, and if any such L~GCI~CG i s issued tu a lllir~ur it shall be nulL and void.

Irsuc, erc., of prospecting licence. (Rcg. 51/l945 I oC 19721. Firit Schedule. Form 1.

Second Schedule.

Cap. 65:OI Milling

hfit~ir~g Rcgul~riurr~

(6) The Commissjoner or mines officer may refuse to issue a prospecting licence to any person convicted of an offence against the Labour Act, or fur ally ot l~er reilsoil IIG rnay think fit, but wlrcre the Commissioner or mines officer refuses to issue a licence the applicant may appeal to the President whose decision shall be final.

(7) It shall not be lawful for any person (other than a tributor) while he is employed on or in respect of a claim to apply for, receive or hold a prospecting licence except for and on behalf of his employer.

(8) Subject to paragraph (g), a prospecting licence or an authority to prospcct under a prospecting lictncc sl~all llut be issued-

(a) to any person who is the holder either in his own name or for and on behalf of himself and other persons of a valid prospecting I~cence;

(b') to any person who is the holder of a valid authority to prospect under an existing prospecring licence.

(9) Paragraph (8) shall no1 apply Lo any r;orrlparJy July regis- tered under the provisians of the Companies Act.

(10) Any prospecting licence or authority to prospect under a prospect in^ licence issued contrary to paragraph ($1 shall be null and void.

4. [l) If the application is granted the Commissioner, any officer of the Department of Geological Surveys and Mines appointed by t he Minister for the purposes of this paragraph, or the mines officer shall, subject to regulation 3 (4), thereupon issue a prospecting licence to the applicant in Form 1 in the First Schedule.

(2) There shall be payable in advance Ibt the Iicence the sum specified in the Second Schedule.

(3) The licence shall continue in force for twelve months from the date of issue.

(4) It shall be lawvfut for the Commissioner for good cause at any time to revoke any prospecting licence, subject to an appeal to the President whose decision shall be final.

(51 Subject to Regulation 6 ( l ) , a prospecting licence shall entitle the person to whom it is issued to prospect and locate claims in every mining district, but under and subject to these Regulations.

(6) A prospcutir~g licence issued to arty pcisula sllall, ulrkss illc location is ~ t d l and void or he is informed by the Commissioner or mines officer that his location is disallowed or is ordered to suspend

, t f i r i ~ ~ Lnp, as : u ~

Mirri~rg Regrdaficlrrs [Subsldiar;

work, be deemed to entitle and to have entitled him to work the ground located thereunder from the date of location until his applica- tion for a claim licence can be published and such licence either issued or refused:

Provided that nothing container1 in this Re~ufatinn shall he held to make valid any location made by a person who has not previously taken out a prospecting licence.

5. ( 1 ) The (?nmmissinnt?r o r mines n f i r e r shall file and preserve Kcepiw

the particulars of all prospecting licences issued and on receipt of ~ ~ ~ u ~ ~ s any notice of change of address shall endorse thereon the date of relating to

receipt and shall file and keep such notice with the particulars of the ~ ~ ~ ~ ~ i n g prospecting licence fn which it relate< [ I of 19121.

A certified copy of the particulars relating 'to any prospecting licence shall be given to ally person demanding the same on his second paying therefor the fee specified in the Second Schedule. Schedule.

(2) The mines officer shall without delay report in writing to the Commissioner all prospecting licences issued by him and the Commissioner shall file and preserve such report.

(3) A registered address shall not be changed until notice in writing of such change has been served on the Commissioner or mines officer by the person or all the persons if more than one who applied for the licence.

(d) r)elivery nf nny nnt ir~ nr prnr~cc r ~ q ~ i i r d hy t h ~ c ~ RPZII, lations at a registered address for the time being shall have the same effect as personal service.

(5) The information contained on a prospecting licence shall be prima facie evidence that such information was given by the person whose name appears on the licence.

(6) The production of a copy certified by the Commissioner to be a true copy of a prospecting licence issued to any person shall be pluvf tlrat tht: plospccling liconce was isbur;d tu thr: pl;~su~l rra~lled therein on the date stated thereon and that the particulars therein given were furnished by the person to whom it was issued.

6. ( l ) A person on obtaining a prospecting licence may, personally Prospting or by some other person who is authorised by him and who acknow- or ledges such authorisation, with the approval of the Commissioner, claim. any officer of the Department of Geological Survey and Mines [ 1 R $ ~ ~ ~ ' ' . appointed by the Minister for the purpose of this paragraph, or the 2/1961 mines officer in writing in Form 2 in the First Schedule ,prospect for and locate claims subject to regulation 37 on any of the State lands

L.R.O. 111

44 Cap. 65.91 Mini@ I-l

h Guyana provided such land ttw not previously k u lawfuily ocnrpibd or lawfully lmtrsd or mewed by notice published in the Gazette, or is not a lading place, or a creek set aside by the mhea ofEm for drinking purposes, or building site necessruy for use by otners or situate within rhree hundred yards of the I M ~ b u d w y uf Guyam. Any location made Gontrary to this regulation shall be null and void.

(2) Whm a licence has barn granted to one person for and on behalf of himself and other persona, as provided in regulation 3(4), only the person authorkid under such licence to act on W of the other persons named in licenc~, or some pcrson duly autho- rised by him in writing in Form 2 in the First Schedule, shall be entitled to enter a &g district by Virtue of the h c e m granted or to prospect or locate claims under such licence.

(3) The name of thcl person to whom it is desirad that the licence shwrld be geant~d. shd be stated to the (hnmkioatr or mines offiaw, at at thee the application for the licence is lodged

(4) Any o&n may rtquirt any person exploring or prospect- ing or searching the ground to produce bis licence ar authority so ta do a d it shalI not be for ~uah o h x to ptove that such p e r m was mrChin~ for gold or precious atones.

(5) Any person expiaring or p ~ s p d n g or searching the ground (except in the case of private lands} without a licence or - buthofl~ OT ~rZUslllg or neglenlng tu pmluw his liccucx: ul uurlruriiy wbtn mquired by any officer sbU be guilty d a breach of these Regulations.

FM~T I! M l ~ r l ~ ~ o OF BOUND- ISSUE OP CUIM

UcwCEI, m. M-M 7. E q person loc~ting a shall, in the presence of two dtimi*d w~tmseg, dkthtdy mark on the ground the limits daimd, so Phat dPira

the boundaries may be read@ traced.

R* to & AU b o r n e SW be marked as foUows: =tw (a) by a tree or by a corner post or beacon, not bas than

[Rsr. lIfl9W h in& square a d in the cam of a river location, not less

l= thansixilllGhegiD.diamctar,andaot~ehanfivehetoutof t h e g r o u n d , a t d ~ o f * ~ , a s d b y t i s m d i e h * &And -er to corner by a poth not less h n four fear widc, a d (6) on tacb We, corner post, or beaeon there &all be

~tsaOeabdaboardmathRtobjact , tmt~t lmaine inches by six Inches and in the taw d U rim lurardvn, uvt

Mining Cap. 6301 45 MInlng Rrgufatiom [-l

less than three feet by two feet d e d a location board, on which shall be plainly and permanently marked-

(i) the name of the person for whom the location is made; (ii) the date of the location; (kij the number of the prosp&g licence under which

the location is made; (iv) the name of the creek, hill, or dat on which the

location is made; and (v) within three months &er the issue of the claim

licence, the n u m k and date thereof.

9. No paper or other material attached to a board or other &I for object which may be liable to be washed off shatl be deemed a proper -mp marking.

10. (1) Everf holder of a claim whether a b has been issued ~seging

or nor shall keep the boundaries of his claim distinctly marked out as provided by r e a t i o n 8 and shall keep his location boards and

fW in proper order and in default of his doing so rhe claim may be tim chaltengd: [I af 19721

Provided always that any person hotding a group of contiguous claims for which a concession or 1- h been granted or licences havc been issued shall not be bound to keep the bomdarh of each claim distinctly marked as aforesaid, if rhe external boudwie.~ of the whole group are kept disdncrly marked and the l(3~8tbn boards in proper order aa provided by regulations 7 and 8.

(2) Every pemn who descioys, defaces, injures, or removes, either wholly or in part, any Cree, post, beacon, l d o n board, or other marking of a CM, whether in the exercise of any right as regards such claim or otherwise, or procures any other persbn to do so, shall be deemed guilty of a breach of these Regdatiom:

Provided, however, that a person shall be at h i to aIbr the boundaries if he has the permission to do so in writing of the Com- missioner or mines oficer.

11. It shall be lawArl for the mines o&er- (a) where a licence has been revoked by the President uader whm

section 31(1) of the Act; or W rsvow or (b) where the President has ordered under section 31(3) im aban-

of the Act that a licence s M not be issued ; or donat b n and boards

(c) where nethe of tovooation of s licence hae bee* pub- lishd in the Gazette as provided in regutation 26(3); or 11 of I W

46 Cnp. &:01 Mining

[ m 1 M / M q Rcguhio~s

(d ) where a claim has been abandoned u n h regulation 26 (4); or

(e) where the period for filing notice of location has expired without a notice haviag been fiecl; or Cf) where in the opinion of the mines offiwr the date of

locatio~ has been almd with intent to defraud; or (g) where a claim has becn re-located without the permis-

sion of the Commissioner or mines officer, to pull down, destroy or obliterate any beacons, boards or other marks enxkd to demarcate t e boundaries of any claim. S.

Length aad 12. No claim other than a river Ioetion located for the purpose eoP of mining for gold or precious stones or valuabIe minerals, or dann W l1ll9SI minerals or metals, under a claim licence, shall be more than 1,500

feet long or 800 feet wide; srnd no river location shall be longer than aae mile measwed sing the bank of rho rivw or crcek as the case may be.

S+ of 13. The side-hea and the end-lines of the surface boundaries of skua IRes. 1111954 a clmm shalt, as far as possible, be run m parallel lines, except where 1 of 19721. prior lacations or natural feat- prevent this being done, in which

case the claim shall be of such shape as may be approved by the- Commissioner or by the mines officer, subject to the approval of the Commissioner, or by a surveyor making a survey under these Regulations.

(2) The side-ha of a river lation shall be fixed at the low warnmark oneachbank ofthe dm or creekas thecasemay be and the end-lines by M&& kes between corncc marks.

NOTICE OF h X T r 0 ~ AND APPuCATION PDR LIC~NCB

Giving 14. (l) Every person who lmtes a claim shall within a masonable = time after such location, and in any c m not more than three month thereafter, or in bditia wbte the mists o W e oRica is W i \ y

for ku= acoessible, such show rwonable period as the Commissioner may \21,j!4f9rr declare by notice in the ~orcte , me or cws to * at tbc ofice

of the mines officer or at the omce of rhe Department of !3eolagical Surveys and Mines in Georgetown, a notics in duplicate in Fonn 3 or in the case of a river location, in Form 4, in the First Schedule, stating the name of the person for whom the lo#lfion is made, the name of the person actually locating, the names of the witnesses in whose prtsence the location was made, the date of the Iocstion and such a description of the ground located and its situation as will enable the claim to be idantifid by thc mines officer, together

Mining Cap. 65 *l 47 M f m &&io~w -1

with an applicarion in writing in Form 5 in the. said Schedule far a Form 5. licenoe to mine for gold or to mine for precious stones, or to mine for gold and precious stones as the case may be, and shaU pay for fYing such notice and appliwtion the fee specihl in the Second Schedule second together with the Re for a claim licence and if such application and notice be not fled as required with the amount payable, the location shall be null and void and thereafter any person may locate a claim in respect of the same land:

Provided that the person whose location is annulled by this regdarion shall not re-locate the cl& without the permission in writing of the Commissioner or mines officer previously had and obtained.

(2) Bvery person who, having located a claim- Failing to &'C M ~ ~ C G d

(a) alters the date of location on any location board; or location ana application (b) without the prmission in wri!hg of the C o ~ ~ s s i ~ n e r withinthin the

or mines officer previously had and obtained, re-locates such claim, p p r r o d a

a l t d date shall be guilty of an offence. of location.

XS. (I) ?Ire mines aficer or ComrzlissMner on receiving sucb RW '9d notice in duplicate and application, shall mark on each of them the g:&$, t h when it was received, shall file and preserve the same, and give [I of 19721. tn the pmnn filing +hp. dnn>mlmh n rpmipt in the Pnm h in t h ~ P*- 6

First Schedule.

(2) The mines officer shll file in his ofEce one wpy of the notice and shall forward the other, together with the application, by Fhe llm opportuniry m the office of the Commissioner, ~tnd shall at the same time furnish to the Commissioner such infomtion,.if any, respecting such location and application as he may think reqwsite.

16, Whcm m y dispulc ~I&S as re@rdy &G whu k be RI* uf d e e d the first applicant for a licence, thc w o n who first lawfully r2~~" locates the claim in accordance with these Regulations shall be w t . deemed the first applicant.

17. Where a person employed as described in regulation 3(7) C- applies for a locates a claim by vim. of a pmqmthg 2locnce of EPcz which he is the holder during such employment such application or lowtion shdi d e a d to be made on klml f of his crrrployer.

IS. On reoeiving the notim and application, the Commissioner Publication ehall, subject to regulation 6, cause the same b be published in the of

Gazezre for three succcssjve Saturdaye, in odm to allow of any

opposition to the issue of a licence rherefor being made, in the manner hereMer provided.

19. W gold or precious stones or vvaluble minerals or minerals or met& obtained by m y -n from my hd, psndinp the iaruc ob& by

p r o u o ~ ~ of a licence, after locating a claim, shall be subject to the same regu- or lations and shall be recorded and dealt with in all rcsrcspects as if it or they had been obtaiaed after the issue of a licence.

m. (1) The by the &&%~OI~CT W MflCS 0 % ~ 0f notice OF location and publidon thereof shall not rffoot the validity voM if mrt

:h- of the Iocation and no I-Pibn shall be deemed to be valid unless it has been made strictly in accordance with these Regulations, .

\R&,:#yi (2) When any Incatinn i a deemed to be null and wid under this regulation neither the f~ paid on fling the notice of location nor the amount deposibed or paid as tst h respect of the location shall be refunded.

MPkiqp of 21. (1) Any person who d e s k to object to the issue of a licence

O b W P Q s h d file at the office ofthe Commhsioner his reasons of opposition rs in writing iu duplicate on or bePorc the last Saturday on which the liom~a application is requid to be published, and shall deposit at the same

time a s u m of twenty-five dollars in respect of each Iiccnce to wwhicli objection is made, to meet expenses other than those of the officer who decides the case, such s u m TO be d d t with W suuh piBcer may decide:

Provided that where mare tban one Licence is objected to by the same pawn, the Conmkionef ia his cliseretion may reduce the amount to be deposited ia rtspect of the second and subequeat Iicences.

(2) Every such person shall be bound, within three days affer such filing, tn serve at the registered address of the applicant for the licena a copy of such mons; and the procedure shall nttltatis mutmrdlp, be in acmrdance with Part XI.

22. (1) If there is no opposition to the issue of a li~ence, or if there m iows of is opwtion but it i s decjded in favour of the applicant, a hencc E1.wb may be issued for the land so located h Form 7 or in the oast of a [Reg. 11/19541 river location, in Form 8, in the Fbt sl;hasulc.

V- (2) E v q appkmt for a claim h n c e when requid by the oCdaim. warden to do so shall either by himself or by some other duly

Mining Clap, 65:111 42 MmR# R..?g&iw [m,

authorised person deputed by bim, point out to the mines officer the position and boundnrica of the chim for which a licence is sought, and if such applicant fails to have such claim pointed our and veri6ed within six weeks after the mines officer has notified him of his readi- ness to toverify the location, the application for the same shall be ca~ir;t;lfd aud a uolotice tu this e k t sbaU be published by &G Corn- missioner in the Gazette and thereupon the location shall be null and void and the land open to location by any person.

(3) A licence shall not be issued to any person known to be a minor, and if any licence is Issued to a minor it shall be null and void:

Provided always that where the right ta obtain a licence devolves by will or on intestacy to a minor, a licence may be issued to the guardian of such minor, and such guardian shall thereupon become subject to all the obligations imposed by these Regulations on the holder of a licence.

(4) The Minister may direct that a licence shaU not issue to any person who has bees convicted of any indictable offence, or of the larceny of gold or of any offence under the Act, or against whom any unsatisfied judgment for labourers' wages exists, or against whom any judgment or 8entence for any ill-treatment or neglect of any labourer employed by him has been given, and thereupon the location shall be void, and the land open to location by any other person.

(5) Na lwnce shaU be issued in the namc of any syndi- cate, or partnership, unless the nnam or names and nddwses of the persons constituting such firm, syndicate, or partnership are stared in writing signed by such persons to the Commissioner, and such persons shall for all purposes until transfer of the Dcence, be subject

all t b abligation impcl& by t h e e regr~lation* on the holders of such licences.

23. A licence, so long as the holder thereof complies with the Act, M shall, subject to its tcrma, W& thc right to the u s and enjoyment by of the surface incl- within the boundary line8 of the claim, d m. to all veins, lodes, ledges, and deposits below such surface and of all the metab, miner&, or precious stones covered by such liixnce within the vcrtial planes in whioh the surface boundaries lie:

Provided always that, the occupation of all land for the putpose of wt of being worked under thess Regulation6 shall be subject to the right of any pmon to pass through or dong any road or path on such Iand which gives access to %ay Iand beyond, to which such person desires, and is entitled to go md to the rights of any person duly authorised to cut timbcr or take forest produce, also to the right of any gran-, legsee or oonce~~ioxmire, with h e approval of the Cornmissioner first

L.R.O. 111973

Duration of Ilccna.

had and obtained in writing, to convey across such land any rnachjnmy, equipment, material9 or stores tequirtd for mining pur- pom, and to construct any road, &way, tramway or cableway and to erect and maintain any p i p h e , telegraph, telephone or trans- mission line or other contrivance in such manner and on such conditions as the Commissioner m y approve.

24. (1) The President may revoke a licence issued: Provided that nu lice- shall be rcvokcd until thc holder of thc

Iicence has had an opportunity of Wig heard either personally or by C J O U ~ S R ~ and showing mu&agaiust such revocation before the President.

(2) Where upon the complaint of any person who desires to obtain a limce for the same area, or any part thereof, the mines officer certifies that the area included in any licence is not being efficiently worked add upon such certificate such licence is cancelfed it shall bt lawful to grant to such cornpiainant a licence for such area or any patt thereof,

25. Subject to the Act, every licence shall cantinue in fom so long as the mt payable in respect tneraor 1s regularly pafa.

26. (1) On the third Saturday in the month of January in each year the Commissioner shall publish in the G~ze11e a list of all claims m existence on the 3 1 st Uecember 01 the previous year.

(2) Oa the third Saturday in the mnth of April in each ycat the Commissioner shalt publish in the Guzelte a list uf cIitiuls on which rent has not been paid up to and including the 3Ist March in that year*

(3) ALI claims on which r a t has not h e n paid up to and including the 3 1 st Mm& in any ycax SW be d e e d be a W o d for non-payment of mt, aad the Iands upon which such claims were lmted shall be optn to toation from the 1st April next foUowh~:

Provided that nothing in thisl psrrrsraph shal l prohibit the Corn- m i s s i a ~ from pubfishing my surnurnt list of claims abandoned.

(4) Every person who dcs ' i to abandon B claim shall send written notice to the Commissioner or mines officer of his intention to abandon such claim. The Commissioner shall publish in the Gaette a notice of every such abandonment for three successive Saturdays, and the land upon which such claim was If-sted shall

Mining Lap. W ;UA -I I

Mhiw Regulations LS~~hstdlaq]

after the expiration of one month from the date of the first publi- cation, be open to location.

RENT PAYABLE IN RESPECT OF LICENCES 27. (1) There shall k gayable in advance far ach licence the w ~ m ~ s e

rent specified in the Second Schedule, or any regulations for the 2. time being in force. hhodule,

(2) The Commissioner or mines officer may detain any gold or I1 of 19721

precious stones obtained from any claim in case such payment has not been made and sell the same and deduct from the p r o d s of such sale the a~uourlt due Lu tl*: Oovcr~~mne~~t Cor such rc~t:,

28. (1) When any pervvr~ Iuciitr;~ in ac;cu~dance with tllese Rcgu- Prrridmt

lations, one or more chims not less than ten miles from an existing EYJrsnt working claim, and proves, to the satisfaction of the Commissioner or c&. mines officer, that such claim contains gold or silver or precious I' of Slones or valuable minerals in commercial quautitios, t h Pmidcnt may @ant to the holder of the prospecting licence under which the claim was located a claim licence free of any fees payable under these Regulations for such period as the President may decide, and such claim shalf be known ar a mwad dairu;

Provided that- (a) a reward claim shall not entitle the holder thereof to

exemption from the payment of any royalty payable under these Regulations:

(b) not more than six reward claims shaU be granted to one person in the same locality. (2) Reward claims sh*H remnin in suiatence so long as they Duration of

are worked to the satisfaction of the Commissionm or mines officer by the grantee. or his lessee.

(3) Reward claims may be sub-let or transferred in accordance sualcuing, with these Regufalio~~s but when a roward alaim is transferred it * of --;ud shall cease to be known as such and shall become liable for annual chuns. licence fees from the date of transfer.

PAET IV RIGHT OF CHALWBNGB

29. If a claim is left unworked for a period of one year, or if the w i t i o m boundary lines are not kept reasonably clear and the boundary CIaimmaybc under whkh marks erected and marked in a~cordancc with thcse Regulations for a - 1 1 4 .

period of six monrhs in any one year, or if the area located is greater than that aIlov ' by these Regulations, any holder of a prospecting

L.R.O. 111973

52 Cap. a91 Mmjng I-l Mi- R q w h t i o ~ ~

lictdm may challenge the right of thaholdec of the claim to continue in mupalinn thereof.

Rocedurr in aw d

30. (1) Such cUenge shall be made in writing setting out pre- cisely the grauculs on which it h based and shall be l d p d in dupli- O C L ~ A& ha C O ~ O ~ O X I M er O&OO~ with a Plins fm of cents and a deposit of menty-five dollars for each claim challenged to mver the cost of inspedon by the Commissioner or mines &cer or other officer thertto detailed by the Commjssionw or miw officer m any other m a t s i n d by Government apart horn the costs in the case and a oopy t%mf shall be w e d by the challenger on the claim-holder in the manner laid down in these regulations far m g complaints and tha prodme thereafter shall. mutatis mdli, bc that psesuibed in P m XI for tbe hearihg of wmphhte.

(2) If, upon the facts, it appears to the satisfaction of the C d m u , &CS Q- or 0th o&e~ appointed that &we has bbed on the pact of the claim-holder a k-f& sttempt to work the claim or to comply witb the regulations as b the marking of boun- daries, as the case may be, and that ths non+bscrv~nce of the f o d t i c s of those regulations is not of a charackr arlculatsd to mislead other persons desiriDg to locate c b in the vicinity, or that the excess in size k small and that there was no intention to deceive or defraud on the part of the locator the CoRmissiorter, mines officer or other offir may hold that the failure on the part of the claim- holder to work or to o h u thc tsguhtions as aforesaid shall not be deemed to have invalidated his holding aod the Comrruss~oner,

officer or other officer-my wt time not exceeding six months to the ckb-ho1der to hjs onision or reduce the size of the claim.

(3) If the claim-bolder fails to m his omission or reduce the size of the claim witbin the time ~ n t e d to him to do m, or if on the facts h appears to the sstisfaction of the Cbdsioner, mines officar at other officer that Wiiure to work the claim or to kecp the boundary lines clear and marked k due to wilful neglect or is d c u - late$ to mislead o h desiring to locate claims m tbe vicinity, the Commissioner, warden or 0th officer shall declare the claim forfit, ~d if notice of appeal i s not given and recngnis~ncc entered into in the manner and within &c period$ hid down by the Act may permit the challenger to locate the chh .

(4) If any cldmger, prior to the derermitdon by the a m - mission^, mines officqr or other officer of the matter in question-

(U) enters upcm the &den@ claim for aav putpose whatever; or

(b) does any act which interferes with the working of the challenged claim,

he shaH be guilty of an offence and shall @so facto forfeit his right to challenge the said claim.

31. Any mines o f f i ~ may challenge the right of a holder of a Mimes officer claim to remain in occupation thereof on the grounds laid down ~ ~ ~ l l ~ in regulation 29 and the procedure shall be the same as in the case of [r of 19721 a challenge by the holder of a prospecting licence except that the matter shall be hard by the Commissioner in Georgetown or by an officer appointed by the Commissioner.

32. In the event of a claim being declared forfeit as a resuit of a c ~ i challenge by a mines officer the claim shall, after the period allowed for appeal and if no appeal is lodged, be open to location by any Iocation. holder of a prospecting licence on the Cammissioner so notifying in [' of 19721 the Gazette.

33. If the ocoupation of a claim is sucwsfully challenged the succcssrut~~ licence under which such claim was held and occupied shaU become FunY absolutely forfeited and the Commissioner shall so advertise in the reitd. Gazette, together with the name of the challenger.

34. If the s ~ s f u l challenger fails to locate the claim and to fib Failure of location papers and pay the fees withiin two months of his being $)haiy.r granted permission to do so then the forfeited claim shall be open to location by any holder of a prospecting ken=.

PART V EXCLUS~VB PERMISSIONS m Expm

35. (1) Under d o n 13 (1) and (2) of the Act, the President may ~rcsident issue an exclusive permission to occupy temporarily any unoccupied z{U8y State Iaad and during such period to explore for the purpose of permission. tseting the valw thereof. [m. 911966A1

(2) Such permission shall not confer the right to work the area for profit or to give out any portion thereof to lessees or to riibutors,

(3) Tbe terms and anditions ot- such penrussion shaU ordi- narily be as hereunder set out, but the President may if he think fit in a particular case vary the terms and conditions in such manner as he may consider expedient:

(a) The permission shall not be granted for a longer period than three years on the first instance. Renewals or extensions thcrcahr 9aIl be for not longer than one year at a time.

L.R.O. 111973

54 cap. 65:01 Mining -1 hfdning Akguluriuns

(b) The area shall in no case be less than 500 acres, to be defined by natural features where practicable, or as pre- scribed by regulations 7, 8 and 9 as to the marking of boun- dark.

(c) An aanual rent of ten cents per acre shall be payable during thc first thtee yerrtc a permiesion is in force. If the permission is renewed or extended the rent payable shall be increased to twenty cents per acre or the fourth year and to twenty-five cents per acre for any and every year slfter the fourth year. T h e 6rst instalment of the rinnud rent shall be payable ia resepct of W period intervening between the date on which the applicant is notified of the approval of his appli- cation and the 30th June or 31st December next following as thc r m s may bc, rind thcrdter the rent shJl be payable in two equal instalments half yearly in advance on the 2nd January and the 1st July, and the permission shall remain in force only so long as the rent is in amar. (4 All mining claims previously located within the

boundaries of such area shall be excluded from a permission and the extent of such claim from the acreage for which reat is payable.

(e) The holder of an exclusive permission may from time to time abandon any part or parts of the area held under such permission, provided that he demarcates such part or parts on the ground and deposits the estimated c o s t of inspec- tion and when the area to be abandoned has been ascertained by the inspecting officer no further ~ n r shall be payable in respect thereof and any diffmnce between the amount deposited aad the actual cost of inspedion shall be refunded to the holder or paid by him as the case may be. Ifl During the cont inua of an exclusive permision to

uccupy and explore, the holder shall be at liberty to mark off in the manner laid down by these regulations such areas as he may desire to have the right of .working for profit and a con- cession or lease for working the same may be given to him under Parr I1 of the Act, or he may I m t e claims within the area in the manner set out in these Regulations and he $hall be entitled to an abatement of rent under the exclusive per- mission in respect of the area so taken up under concession kgse or licenu.

(g) Such portions of the area held under an exclusive permission as shall be abandoned by thc ho' r or not

ddirzing Cap. 02 ;UA J J

Mining Regulations I-l

allocated to him as a mining concession or claim licence at the expiration of his exclusive permission, shall become open for application and location by others.

-36. (1) Ia speck1 cases where properly organised geoloS;d and Comditrons OF exclusive mineralogiul surveys or diamond drilling or other tests of a scisntsc

or technical nahw involving considerable outlay are ro be under- losw~al taken, the information a d results obtained from which would be case'. tLdv~nhIg00US to Guyana and the applicants are prepared to guarm- tee an annual expenditure thereon to an amount approved by the Minister, the Minister may in consideration of such expenditme and of all information and results obtained being furnish& to the Goveramcnt at times to bc agrccd upon togcthcr with maps to a suitable scale, waive or reduce the rent ordinarily payable.

(2) Such guaranteed annual expenditure shall not be less than the amount of rent waived or reduced unless the Minister is satisfied that a smaller expenditwe may be accepted in considerarion of the value to Guyana of the work contemplaced.

37. (1) Every application for such xn exclusive permission shall Applicatio~~ for axcllMiw be in writing signed by the applicant and shall be addressed to h pamissirm.

Commissioner for transmission to the Presi&nt. [W. 17iI9461

(2) The application shall state the name and nationality of the person fur w11ve bcncfit the cxclusivc pcrrnission is sought to bc obtained, whether such person is the actual applicant or nor, and the term for which such exclusive permission is desired, and shall set out an address in Guyana called a "Registered Address" at which all notlces and otlie~ process ncccssury for the purposes of thm Reg- ulations may be served.

(3) The application shall contain a description of the portion of the laud, river or creek to which it relates, setting forth as far as possible its situation, extent and boundaries and rhe applicant shall also, if called upon to do so, furnish such further information or particulars in support of the application as may be requited by the President.

(4) The area applied for shall not be less than five hundred acres and shall be &fined by natural features where practicable or as prescribed by regulations 7 and 8.

(5) The applicant s M , on filing hit application. pay to the Commissioner the sum of ten dollars, and the portion of the land, river or creek to which the application relates shiill thereupon not be open to location by any person and not be the subjea of any other apyliution for e~olusive e a i o n

56 Cap. 65Sl Mining

r-I M* h~~

Provided that where the President rduses the application the hereinbefore mentioned restrictions sball w e on the publication in the Gazette by thc Commissionet of a noticu ofawh refusa.1,

(6) kvery applicant ror an exclusive permission sad on wulg informed by the Commjssioner that his appbrion has bben approved by the President pay to the ~ s s i ~ r the &C ins* ment of the muai rent in mpcct of the pew intmeniag betuleea tbc date on which the applmnt LS n o w as atomcua a m the mh June or 3Ist December nelrr fouawidg ss the m e may be and if such iastalmmt of rent is not paid tbin one month of m h n&Mon the appiiation may be decl abandoned by the Commissioner by notice in the Gazette.

2

A&-1 38. (1) More any exclusive permission is granted the Com- "'PP- missioner shall publish an- of the intcntionta grant such exclusive f- -'(C

d o n &on in the Gazette for h sucarrriva Saturday. 60d opwutioa = Ihatco. (2) Any person who c- that he has any right or interest

1 7 ~ 1 ~ h respect of the area to be gmgted which will be injuriously &;ated by tbc w t of an e~clusive prmission may, w i h twmtyine days

publieation of the first ad~xtisment, Iodge wirh the Corn- lniasioner a petition to tfie W e n t objecting to thc grant of the permissiorz.

(3) Every petition shaM swtc shortly the grouna of objection to the grant af a prdSSion add shall set out the address of the petitioner.

(4.4) The petittoner s k i d lodge with hir p u n d s uf objecriw a mutary declaration c o n ~ g the material facts on which he *lies in support of his p u n & of objection.

(5) The petitioner shall, w i t h two days after lodging the petition and statutory dccdaration, deliver a copy a r c o f at the

add- of the appWc.

39. The applicant may. withh fourteen days after delivery of the pCMion, lodge uim me ComMissiona-

(a) an answer to the perition seating 8hortly the grounds on which he relies; and

(b) a statutory declaratiod setting forth mawrial facts in support of such grounds.

The appbnt shall, within two days after lodging the grounds and statutnty dechmtian d o d deliver a copy fher ' at the ddcw given by the petkbner in his petition sad addresad to him.

Minhg Cap. 65:Ol 3 1 M*r/ng &@kmrn [-l

40. If an opposition is entered and the President is of opinion ~ e f u s a ~ of that it is will founded, the application shall bt refused. exdusive

pelmision.

41. If no opposition is entered or any opposition entered is not in ~ S S U C of

the opinion of the President well founded, the Resident may direct S:&, the Commissioner to issue such exclusive permission on the terms a d wnditiom laid down by thc Prcsidcnt and pubfirtI~rxl iu lhe Gazette..

42. (1) Every application for a concession or lease shall be in Applicatian writing signed by the applicant and shall be addressed to the Com- ~ ~ 8 C - e S S ' 0 n

missioner far transmission to the President. (2) The application shall state the name and nationality of

the person for whose benefit the mucession or lease is sought to be obtained, whether such person is the actual applicant or not, the ann uf years fur which tlrc wnu;asion or kaac is desired, thc numbcc and date of the prospecring licence held by the applicant and his registered address.

(3) Tbn application shall also contain a description of the land, river or creek to which it relates, settmg forth as far as possible its situation, extent aud boundaries, and the applicant s h d also, if called upon to do so, funis8 such f h e r information as may be required by the President for the purpose of dete- whether any vatid reason exists why a concession or lease snouia not be granted.

(4) The boundaries of every concession or lease applied for shall be d e h d by natural features or in accordance with Part 11.

(5) The app-t shall, on filing his application, pay to the Commissianer the sum of ten doUm

(6) Every appliant for a concession or lease shall, on being informed by the Curqmirruioncr that his application haa been approved by the President, pay to the Commissioner the fifst FT's rent h advance, from the date of approval and if such rent is not paid within three months of such notification the application m y be d e c h d abandond by thc Commhsioncr by notice in the Gazette for thFee successive Saturdays and the land referred b therein shall thereupon Be open ro location by any pfion.

43. (1) Where the wnmssiurr or lcax; is to mine for gokl, saver Rent payable

and valuable mr' 7aIs the rent payable shall be at the rate oftwmty g-i,, cents per acre per annum. If;1176;18

58 Cap. 65ai Mhinp

C-1 M M W ~ E O R I

(2) Where the cancession or i s to mine for prec in~~s stones, the rent payable dull be at the rate of twenty cents per acre per mm.

(3) Where the concession or l- is to mine for gold, silver, valuable ruiuurds and pr&ow 6PbntJ thc mat payablc s h d be at the rate of forty cents per acre per m u m .

(4) Whew the conuseion or lease is to dredge for gold, silver anct valuable miner& the rcnt payable s h d be at the rate of ten cents per am per annum.

(5) Where the coacessiao or lease is to dredge for gold, silvei, valuable minerals and precious stones the red payable shall be at the rate of twenty cents per acre per annum.

(6) Where the concession or lease is to mine or dredge for m i n e d rlae rent payable W be at the rate of twenty cents per acre per m u m .

~ d ~ ~ m ~ 44. (1) Before any concession or lease is grant& the Commissioner d a p p l i a k shall publish a notice in the Gazette for three successive Saturdays

of m+ intention to grant a u ~ concession or ~epn rod the area I d n mmprisd wi& m applhtian ehall hr, A m e d m he lawfhlly

occupied from the date of such notice. (2) Any parson who claims that he has any right or interest

in respect of the area to be granted which will be injuriously ~~ by tZlc: g l u t uf auuh w u w i o n o r ltaac may, within #enty-ono days after publication of the fmt advertisement, lodge with the Com- missioner a petition to the President objectiug to the grant of a concession or lease and the procedure shall, mutatis murandls, be in m r d a n c o with mgulatiom 38 to 41 (inclusive).

survey or 85. If no opposition is entered or any opposition entered is nor in comes~on. he opinion of the hsident well founded, and the Commissioner

mpcts that a S- ia necessary, the Presidmt may p e d t such survey to be aLade by m y duly q&ed surveyor or may order such survey to be made by a surveyor of the Department of G@Iogical Surveys aod Mines on the estimated corr of survey being deposited wit11 tht C o d o n e t as provided in regulation 80.

a 46. If my applicant after beiag required by the Commissioner-- applicant tn bvc Purvey

{a) to have such @OIL of land, riw or creek as is applied mape appli- for surveyed by a duly qualified smeyor; or cahon dull k a b a n d d . (b) to deposit the estimated cost of survey,

fails for t h months to have the necewq survey c o m ~ ;d or to deposit the e s t h h i oast of survey, his application shall be deemed

Minitzg Cap. 65a1 59

Minirrg Regulatiorw I-YI

to be abandoned and all fees paid in connection therewith shall be forfeited, and any other application may be proceeded with as if such application had never been made and notice shall be published by the Commissioner in the Gazelle to the etfect that the application has been abandoned.

47. If the holder fails to wmply with any of the conditions of his ~ ~ ~ f ~ i ~ , ~ of

concession or lease or of these Regulations a p p h b l e thereto the Pe88CT~ Q'

President may cancel the same, and thereupon all the rights there- mrity, under of the holder and d1 persons claiming under him shall w e and determine and any money6 deposited as aforesaid shalI be forfeited and any moneys secured by any bond shall forthwith became due and payable and the holder shall forthwith peaceably surrender the concession or Iease to the Commissioner.

President may muse

48. The President may in any case and at any stage refuse to grant ta m! a concession or lease. C O ~ I O n or

Icmc.

49. The boundaries or a WIIWSS~O[~ or lcasf: slmll be, knrat11 Ore mundwa surface, the vertical planes in which the surface boundaries lie. of conassioa

Of lease.

50. (1) The holder of a concession, lease or licence shall be G-a]

to transfer his rights thereunder, either wholly or in part, to any other person in the manner hereinafter provided. liocncw. etc.

(2) On receiving notice of any intended transfer in Fonn 9 in F- g. the First Schedule, the Commissioner shall cause the same to be published in the Gazette for three successive Saturdays in order to allow of any oppositiolt tu such transfer king cntercd as hcrcinaftcr provided.

(3) Every person desiring to object to such transfer on the ground that he has any right. interest or title in or to the concession, lease or licence about to be transferred shall proceed in the m a e r provided by regulation 2 1 as to obiwtions to the issuing of liances.

(4) Nothing in these Rcgulatioas shall be construed to give the holder of a y wntx;ssivrr or lcasc containing any condition forbidding or limiting the right of transfer, any right to transfm in contravention of such condition.

51. (1) If no &position is entered to an intendea transrer or any wuis ia of is m o v d , the Commissioner shall record the p

urchase and transfer.

W e t and stLsrll note on the coacesoion, base w licence the fact of such Saasfer.

(2) Every traaFforee shall give in writing to tbe CommigPioner a pmmaent residential address in Guyana to be c a U d a "Registered Address" at which all nodoes or other promu m y h wrvd.

ak of cop- 52. Oa the sde at execution of tbe holder's rights under a con- -- cession, lease or lieencc the purchaser shall, subject to regulation rr l i o m e m ranrtioa and, on prodUaion m me Comrnlssiona uf a wpy or L&

Canditiow of Sale signed by the Registrar of Deeds, or a b a d 8 as the may be, with P artiiica& that the putehase momy has b#n paid, be entitled on payment of B e presaibed fee to b v e an entry made in tbe Regiaer of concesslow leases and h u w u r a d & and purchase md also to 6 v a from the Cwmkimner a G r t k a t e

:om 10. of Transfer in Form 10 in the first schedule to these regulations, and such amiht~ duly d g d by the Commissioner shall be evibw in all oourts of law of the hmsfm ro the purchaser a1 ex-ution a10 of the concession, b or k e r n t h ~ ~ menticmed.

5s The fee payable to the Commissioner for making the entry *n ~d the C3Sti f i f~~~ otR.oSa mtrltianed in the kit pr-

regulation shall be the same as for fWg no* of a transfer.

58. Them shall be payable in advance on e v ~ r y notice of a U f e r the fec qxcihed in the S#x,nd Schedule.

55. A person my hold at the same time on a4y waterooune which is not navigable, claims a t e d h g from the point where such water-course ceases to bc aavigable t~ its source. No claim other than a dredging c u d o n or river location 8baH iac1ude the bed of a navigable river or water-counx?.

54. Tbc question wbetbet a water-cow is or is nor navigable, a d U what piat a wa&r-~] l~ae i+s QC is not wvigahh h U be dctmninod by the mines o S w or Conmissioner.

ldtm

; P Y ~ or 9. MD person holding a claim on either bank of a avigable water-COW shall prevent h aavigatiori and passage themon. ravr*tloa

jst of- SS. ( l ) Where any w a t e r a m passcrr through or adjacent to ze any clain~ the use d the water p s d g tbtau$ or pbug sama shall W-. ba subject to any Rcguhtio~u whi& may be for the h e bcing in 1d1nz1

(2) Every holder of a claim shall be entitled CO the free use of water naturally flowing through or past his claim, and not already lawfully appropriated in such manner as may, in the opinion of the Commissioner or of the mines a€6cer, subject to thR approval of the Commksi~aer, be mmmry for the proper working &ereof.

59. (1) No person shall back the water of any river, creek ar Prohibition watercourse upon any claim or cause any claim to be %~odwl, either ti2 w W y or by neglect thraugh the comtrudon of any dam or stop- [I of 19721

off, or in any other way. (2) In addition so any penalty for a breach of thb regulation,

any person who backs any river, meek or wafercourse so as to obstruct or cause damage to m y road, railway, trail or o t l ~ ~ ~ ~ r n e ~ uf acwm necessasily used by otkers, shall be liable for such damages as may be assessed by the Cornmissioner or for the provision of &er- native means of access to the satisfaction of the Commissioner or mines officer.

60. The Minister may grant to any p o n a licence, with such ricencc for terms and conditions as he may think proper- e~astruction

of dam, etc. (a) FO construct and use any dam, reservoir or werlcr-rzwe,

or lay &wn pipes for the conveyance of water or erect any wire or land cable for the purpose of conveyi~lg electricity and erect md use pumping or other machiwiry in con- nection therewith, through or upon any S a t e Iar& (whether or nor tbr: land is held under a licence, lease or concession) for the purpose of working any claim; and

(b) to take direct and use any water from any river, meek, triiutory, stream, fake or pool, sitbated upon or tiowing through any State bnds for the purpose of supplying with water any machine or any engine or machinery employed and for mining purposes: Fr~uidsd that guch works shalI nat interfere sitb, c ~ k h g

rigitb.

61. (I) The construction of a dam, reservoir, water-rm, the to laying of pipes for th conveyance of watar or the e@on of any zmsg, wire or laud cable for the conveyance of elmxicity or the d o n of on pumping or otlaer mscwry in c o ~ e d o n &rewith, S+ &im-hdder mpled by commenced within such time as the Commissioner may constder wv-t. reasonable from the issue of the licence authorising the same, and ur 19721 the holder of the 1ianc.e W continue such work until it is compleld to the satisfaction of the C o e i o n e r or mines officer, otherwise any right which be may be entitled to by v b d such licence may be declared by thf - fiaister to be forfeited,

L. R.O. 1/197J

022Eg%, on lan& m = U P ~ b( rb* c%m- holder. II o f 19721

Power to ancct lioaux.

(2) Every water-rm shall have a point to be specified by the Commissioner or mines officer at which water shall be taken from rhe river, creek, or other sow#, but in no case shall such river, creek, or other source be included in or form part of any water-race or pip^ for or the conveymm of water.

(3) Any licensee of a water-race who leads the same across any road or thoroughfare shall construct and keep in repair suitable crossings, to the satisfaction of the Cammissioner or mines oR4er.

62. The Commissioner may ,on the w r i m application of r b h ~ l h of any claim, requite die holder of any other claim to out and construct on his claim or permit the holdes of r hc first me~~tioned ciaim to cut, eonstnrct and use rhmon, to the satisfaction of the C o e i o n e r or mines officer, any of the works mentioned ia regulation 60 which may be neoessary for the proper working of the h t mentioned claim: Provided always that the holder of the claim on which such work

is ccmtnicttd shall be entitled to receive from the holder of the o* claim such compensation (if any) as the Commissioner or mina o&r may award.

63, 'lh Commissioner, on the written application of the owner of any dredge or his mpmntaGv~, inay pcrmit such drcdgc to h taken from one parr of a meek to any other part thereof across any claim or cIaims held by other persons: Provided always that the holders of such claims across which any dredge is permitted to pass shall: be endrled tu be paid by the owncr of the dredga swh oompen- atim (if any) for actual damage done to the claim-holders' workings or disturbance of operations as the Commissioner or mines officer may award.

64. The natural chumet of the river or creek shall be considcted as a public tail race, and all chin-holders shall be entitled b, and if muirtxl by a mines officer, W1 turn thcu tail water into the river OF c m k at the cad of thai c h i m e .

65. No penon shall, under any preten~re whatever, damage, destroy, or otherwise interfere with any race, tail-race, darn, sludge-' channel, or dnrining machine or other appIiance connected therewith, or with any claim or area, unless the m e has been abapdaned or the sanction of the owner hmf, or the authority of the mines officer has 8rsr been obtained h writing for hat p u v .

64. In case any holdet of a licence under regulation 13' 'W to make a reasonable use of the advantages allowed to him by his

- Minim Cap. 65a1 63 Mhir4g &gulatim w=UWl

Iivcncrc or if ho h k o o wator in excess of a reasonable qtxuitiw or if he wasbs water or if he fails to comply with the condition under which his Zicenee was granted the Minister m y mcel his licence.

67. No porson shall dcpofiit or c m i ~ ~ to be doposited upon any msstion

claim or site h the oooupation of any 0 t h person except with the consent of such person, any earrh, stone, gravel, debris, or tailing or of&, etc.

any other substance. TIMBER RIQIITS

68. (1) The holder of a claim shall have the right to use all timber Right to use growing on his claim as he may require for the proper working d % such claim, subject however to the rights reserved under regulatiua 23.

(2) The holder of a claim who may require any wood, timber or other materid from the ungranted State lands outside the limits of his claim. for the purposes set Forth ia these Regulations, may apply for and take out a T i n e or licences for the same mder the State Lands Regulations for the time being in force, and any appii- cation made under this regulation shall have preferearn aver atry other application for a licence made under the State Lands Regu- lation~.

69. Any permn who fells or causes to be felled any tree across or ~ s m o v a ~ of

upon any road, footpath, crossing-plaes, claim, wabr-race, or other r$8$gdeI, mining property, shall cause the same to be removed within twelve horn after the felling thereof.

70. (1) The Commissioner may, an such k m and conditions ps Occupation he thinks ftt, permit any holder of a olaim to m p y a pod011 of for ""X""& Statc land in the vicinity of his c l h for tbe p ~ o s e of tan m

thereon a residence for himself or persons in his employ or my mill, or any work or building required for mining purpoes or for any business or other legitimate object connected with minhg, provided that such land i g not requited fnr mining purposes or the occupation ereo of calculated in any way to interfere rprejudicid1y with minim operations,

(2) The Commissioner may similarly grant permission to the h~lder of a licence to trdc iu gold or pwcioun .etones to om~lpy a site not ex&g one acre for the ei&n of business premises.

71. The Corn sioner may, on such terms add wnditions as he thinks fit, permit the bolder d a to o o m c t anb maintain a to oOIutrucl

mwaq 0s tramway.

railway or Vamway on any partion of State Land leading to or b m his claim which may be nexssaty or desirable for &G better and mare cfkcwd working of such claim, and t& Commissioner may also such railway or tramway to h be& across r6c claim of any other person, provided that such railway or tramway d m not b t d ~ with, or pwmt the p~opcr working of the claim of sucb last mmtiotled person, and provided -er that wch com- pensation for damage done to worhgs or disturbmm of ornations as the Commissioner shdl think just and reasonable shall be psid to such last mentioned psrson 3. the persoa wbd Wes to carry my d w a y or aamway across such last-mentioned claim, snd any dispute as to the amaunt of such compenution or h oomection with che carryiqg of any such d w a y or tramway across the claim of any peEson, shaM be &mmiaed under Parr XI.

72, (1) The boMer of a claim hated under Part l who Wes to zvd bevc.tho PUM surveyed by a Gmmmmt swveyor, shall defray ths survw. [l of 19721 Wilt Of Ebe S U m y .

(2) Application for the survey shall be made to the Commis- sioner ot miaes officer and the nece$s&sy fees and cols shall be paid in dvance.

(3) The costs of a survey d a claim in dispute shall be defrayed in the €ust in- by Che person applying to have tfie digputc defer- mined md the officer determining the same shall have power to say on whom the costs shall fall, and thc samo shall be muoverable as costs in the caw.

POW ,m. 73. Whm the Co&ow or mines o&s coasidets it neawq that a suncy ahould be made to prevent dh~ute or error, he shall cause an inrimation to that effect to be given to any holder of a claim, m.

of19121 a d the of 6ucb survey s W be Mmyd lay the holder of the claim sither wholly or ia such propdon as the Commissioner or lnincs officcr may ctirect.

~ a t i * 74. (1) On making a swcy, the surveyor may modify or alter the of h d m ~ ~ bun&a of a claim, so m to make the Wi 0dnEorrn' to these " Rcpdatiom, or so as to avoid iamrferenoe wirh the righa and privi-

leges of persons other than the holder of the claim. (2) In such case the d&igrm shall show the boundaries as

marked out bv rhe bdde of the claim and the boundaries which the surveyor lays dawn by way of modification or atccratfon.

Mining Cap. 66a1 ./

65 Mlnrng RegdorrJ i-l

75, (1) Subject to regulation 76 no comasion or lease half be Conassion granted unless the uea to be granted has been surveyed by a duly E$iII qualified surveyor. survey IS

made (2) If any such survey is nor made by a surveyor of the Department of Geobgical Surveys and Mines, the original diagram of such survey tog&ber with a duphte of the same shall be ddiytred in the Clnmmigdoner.

76. (1) No survey of any area in respect of which an application sww no! has been made, shall be necessary if such area iwis been previously =& granted, and any duly qualified surveyur is ablc from personal know- ledge to certify that the boundary pads are in good order and are to the best of his belief standing in their original positions, and in such cases the applicant shall obtain from the Department of Geologjcal Surveys and Mines a cmiled copy of ~ h c diagram ou record ia that department together with a certificate of the surveyor who impeded the bounderries.

(2) No survey shall be necessary if the area applied for is bounded by tributary creeks or other weU Iimiu and such boundaries are weU mark& on a chart of a survey on r e d in the Deparent of Gmlogical Surveys and Mines From which it is possible to calculsrre accurately the area applied for.

77. The width of a river or creek for the purpose of calculating its h of area shall be taken from the top of one bank to the top of the other CO-i0D.

bank, as fixed by the survey.

S. The surveyor at the cost of the applicaat, shall p b at the h d a w bank extremity of the granted portion of a river or creek on each bank thereof, iron or concrt:ls: aud hardwood pats in the maner laid down in the Land Surveyors Act. c. 97:Ol

79. The houndary lines defining the limits of length of my portion Position of of river or creek to be granted shall run across such river or m k a1 k ~ d a * v

right angles ra its course at the point where such boundary lines are fixed.

80. The fees to be deposited for aay survey to be executed by a survey fees. surveyor of the Department of Geological Surveys md Mines under these regulations shall be based on tb actual &hated Gost of the survey to rhe Oovernment including the surveyor's nalaw and field allowances.

Filing d W ~ Y . ( 1 of19721

Cop. #*l Mining M h h ~ ~ I l o r y

If such estimate is subsequently found to exceed or ra be less thaa the actual cost as aforesaid, rhe differem? sbaU be returned to or paid by the appli~aor as thc ~ a s c may b.

81. All disputes by way of opposition to the issue of any licence,. and all disputes as to what land is or is not lawfully mupied or or has not been lawfully lwtd , or any other disputes arising under these regulations shall bE d d & d by the Co&sioner, ox an officew appointed by him or the mines o % m of the mining district in which. the dispute arises.

82. (1) The pmun M u g to have any dispute other r h by way of opposition settled shall Be a compbint in writing in duplicare setting forth the names of the parties ro the dispute, a short statement of the atme of camphint, and the remedy or d r e s s which he asks for, e d shall, within seven days r h m e r , serve on the oppmie party, either persody or by leaving the same at his r c & & d address, or id such o h -er as the Commissioner, or an o & m appointed by him or the mines officer may direct, a copy of the wmplaint.

(2) There shall h endorsed on the complaint an address in Georgetowa or New Amsterdam or in the mining district, as the. case may be, at which all notices may be served on the oomplainaat,

W. f l) The apposite party may, within seven days or such longer time an the Commissioner m y &W &r a r h upon him of the siaOement or complaint, file m answer. in wtifing stating how much he admits and how much he denies in the stabmeat or complaint. He W within the same time serve on the party comphining at the a b s contained in the sratement or complaint, a copy of the answer.

(2) There shall be endorsed on the answer an acidress in Gmgewwn, New AmSWdam or in tke mining district as the case- may be, at which all notices may be served on the opposite patS.

84. 011 such answer being filed, the Commissioner, or aa officer appointed by him or the mines o k r may, if he W s fit, by notice in writing, require the complain~nt ta file a w b and in such mwe the reply shall be filed and a copy served on the opposite party within such time, and in such manner as may be prescribed in the notha.

- Minirlg cap. 6501 6: Mi~ihg Reguktions [ ~ k

85. Evcry pc~swii filing airy docuu~a~t uilckr. t l ~ ~ last t l ~ a ptw for .ceding regulrtions shall do so in duplicate at the ofice either of the :L,$. Commissbner or of the mines atticer. [ I of 13721

86. The Conmissioner, or an rsficer appointed by him ar the Eala .ng oc -mines oRien may on Lhc ex parte application of either paw a alter ouch notiw as he may direct, either befom of after the time %ted menrs. by this Part for the f ihg of any document or the rlning af any act, (' Of Ig721 enlarge the time for filing such document or doing such act.

87. (1) The answer or reply, as the case may be, having beon filed airing 4r default having been made therein, the cornsstoner, or an ommr =y appointed by him or the mines officer, shall forthwith cause notice in II of 19721 writing fv be w e d an bath parties at their addresses for services of -the day, hwr and place at which the dispute will be head and de- .termind.

(2) If the haring so appointed does 5dt take plml w fresh notice of hearing may be served, md so an totiesquofies.

88, At; tke day, hour and place meotjooned in the nodce of hearing, ~ e s d thc Commhamer, officer appointed by him a the mines OM* [l shall proceed to hear and determiw the dispute:

Provided, however, thatl in any case which is to be heard by tho sfilcer appointed or the mines officer, the officer appoint& or the mines officer shall have power to refer the case to the Commissiomr, :and the Commissioner may hear an2 determine the same accordingly or may in his discretion ~einit the a% ta be heard and cletc:miucd by the officer appointed or the mines &WC.

89. Any extract from any k k . m r d . or other document ~ r a o i o r .required to be kept by any officer under thew Regulations, or any dOCUment. .copy of any document or of any entry in any book w other record in the custody or possession, or under the control of any aawr undcr thae Regvhtions, if certified tn be mm by the officer .for the time being in charge of such book, rmrd or other document may be given in evidence on the hearing of any dispute or other proceeding without calling any such v%m to prove the same+

W. The Commissioner, ofticer appointed by him or aftiaer PI, . 8 b U for the purpose of hearing aad detemioing my dispute, have sitting, etc. C1 of 19121 power to si t h any part of Guyana and to adjourn from place to place as occa%iors may require.

Gi- of decision. [l of 19721

91. The Conmkiumr, o k r appiu'tod by h or the rnincs o h may foz tbe purpose of heaFing md dekmiahg any dispute, requite one of the parties to Ebe dispute to cause such surveys and measurneats to be made and taken as he may &ink proper; and he W enter on cbe records or rhe prmxdhgs ttrt fact of his b v h g required my such survey or r n m e n t to be taken, and shall in bis decigCQa say cm whom the e p m m of the survey or mEBsutment $hall mu.

!X€. (1) At the time appointed far t h ~ hearing of the dispute the appma or coqCa iwt shalt p q d to state h i s case and then mmhe his witnews, who may tk ;ecross-exmhd and reexamid, and tender his documentary evidence, and if the opposite parry adduces no evidence, the opposer or ~ompIainant may sum up his evidence, and comment therean.

(2) W ~ U th oppwr or w m p l h t hos cvnoluded h i e m e , tht opposite party may scatc his case and d u c e evidence, and sum up and comment thereon.

(3) If the oppoldite &dduces no eeuidctice, the oppowr w c o m p l b t shall bave no right of reply.

(4) If the opposite party adduces evidence, the op- or complainant SW bat hkberty to reply generally oa the whole case.

93. After the baring has baen d u d e d the C o u d % M n e r , ofticer appoint& by him or the mints officer shaU giw his decision d a& add the mucmi themof in writing, which shall fom parl of the record, a d SW intimate tfie same to the several psm-es as soon after the detivery of such d&im and order as pmcticsble.

%. W b n W C o m o m , &CM appointed by 6im or the mina ot&cer d d m s that a location madc by any party to a dkpuk is null aad void, the hmI if my, W by ancb party for the Iand included id such location as a f o d d , shaN at the expexpmtion of the period 9 0 W d fa appal agaiust the dcciaioa d the -ioner, &Ear appointed by him or the mines officer and p r o w tbt no S@ hrrs bcea Idgad, ip~fm&0 ceasE and d e t b h .

95. The decision or order of the Commissioner, oGar appdatcd by bim or rhe mina officer shall b given e&ct to a d enforced notwitJmmi&g any appal, until such &h or order has been vacid as set aaidt m appal, dess tbs High Court otf.*rwisc otdenforsuch~waadoosuch~asitmyrhinLBt.

Mining Cpa. 65:Ol 69

Rqzd~iow [-l

96. Every party shali bu entitled, on applicatim at the ofice of the the to Commissioner or mine8 officer, to a copy of me pmwdbgs on E&, payment of the prescribed fee.

97. P W WSie~ed by any such decision as aforesaid may ~ppca l . ap* & d r u m to the High Court.

98. The Commissioner, officer appointed by h or the oh POWCX ,h may, where it appears to him absolutely nemsuy to do so for thE maintcnanct of the public peace or for the protection of the interests of o66cor to the State or of private persans, order that all work shlI wase on a ?crp daim, either gaeralty or by any particular person or pmoas and [I of 19721 thereupon work shaU be diwnrinued mrdingIy.

99. If either to an opposition or dispute refwes or nsgkxt5 to give etfect to any ordcr or deciion lawfully made therein, he M, symOT in addition to any other penalty or process to enforce such arder to ~W a which he m y be sub& forfeit al l 11s interest ia the s u ~ ~ m a ~ of the apposition or dispute, and be liable to a b e of three hundred dohm.

100. The Co&iones, 06s;er appointed by him or ths miaes few. officer may award to either of the parties ro any di~puec such costa If Of19721 not e x d i n g the w l e in actions in the High Court as in l& dis- cretion he thinks fit, The fee4 for filing documents atld for 0th ~ r o i d i g s u&r &is Part shall be those specieed k tha Second p& Schduk.

PART XU SANITARY RBOUW~~ONS

101. (1) E- hvtdcr of a claim or OF a permission i~nder rcgu- hovisiou of la- 8% lation M shall provide for she use of all pmons cmployd by him, ,

withitin a reasaaabfe distance, to leeward if practimMe of the amp I1 of 13721 or place where suck persons are working, a properly screen4 k i a e with a pit or prupa uwable tcceptacfe b a t h snd nlsn auah athar pits or Wenchw as m y be nwssssry for the deposit of emeta,

(2) The pasition af swh latrine and of such pits or tremh shall be subject to the approval of the mines oBBcet.

Q) Every such latrine shaU be k ~ p t cloan and disinfW to the satisfaction of the mines o b r .

(4) All ex* shdi be &posited in such la* or in such other pits or henchm, and nat elsewhere.

102. (1) &h mines officer shall appint SW& spots in the ~iwosal diffmtt pmts d '.'S mining d M for the deposit of rubbish; md

obdu36 mu&c.

refrrstmW, &J and vagetabie, 0th~ rhanax~aPa (1 oE 19921

(2) No person SW deposit or cause to be depodred, any such. rubbish or mfusa matter in any place except the spot appointed by. the mine3 oBcer.

Rcmoval lU3. The mupier of any dwelling-house, hut, logic or tent in a * mining district nearest to which any rubbish or refuse matter or mattcr. I1 of 19721 excreta is or ate deposited &ball be bound to bury at least three f&

below the date of the ground or mmove QC burn the same and shalt M] bury, remove or b m the m e witha twenty-four hoows after being required by any mhes officer to do so.

~arial d 104. The owner 01 any pason ul charge d any animal which dits '-l0 on OF new a claim shall within twelve hours after such death, cause

the animal to be burnt or buried at least six feet deep and a distance of nor fen than one hundred yards from any habitation.

105. Every owner, person h charge or ~~ of a shop or hdPrrmOd magazine shall be bound to keep the Lnd around the shop or ahw. -. clean. magazine within a radius of fifty fmt or such smaller area as may be I' Or under his control, in a &a state and properly drained anct fee

fmm ernpry tins, bottles, or other t m p W s to the satisfactioa o f rnkm ofi~cf.

106. Anv miaes officer may m m graveyards to be b e k d out and fenced 08 not less than a quarter Ut $mm ancl u pmmlca~la W kmd of the camp in his mining dis~ict; and the interment of pemm dying in t h ~ district shaU, as far as possible, be made therein, withia thkty-six hours of death, but in no a% shaH intermfits be madt at a less distance than a quarter of a mUe from the ncacest inhabited building of any camp.

ResrvMioo IQ7. Any mines o&r m y mmve such creeks for driukjng: zfw purposes as he may f m timc to time Qeem newwry and thmupun, W. and until the memation is move& buck cseek shaU not k open to. Cl of 19721 l,,&&,D,

C a d 108, Every person who wilfully or negIigently cam rhe water or Warn 10 any weU or -air on or near any CM, m of any creek Usbd for =W. drinking pqxees and W apart by Ua mina o k for that pWpowf.

to hemm cotmuhated shall be guilty of a bteach of these Regu-, l a t h .

D- 109. (1) lt h11 be the duty of every bokk M p m n in charm of' ~~~ a~lairnw~that~~d&~cx@ntoffi~y&(i".luder~

control) surrowaiag the dwcflings of the persons cmplowi by bim