REMOVAL OF ROCK MATERIAL

(SECTIONS 70-75)

SEC. 70-POWER TO PERMIT…

SA may permit the extraction, removal and transportation of any rock material from:

a) State land

b) Alienated Land;

c) Mining Land;

d) Reserved Land.

Sec. 71 – Who shall issue?

Shall be issued on behalf of SAa) For state land – by the Land administrator;b) For alienated land - by the land administrator to

proprietor land or if the land is registered is A’s but the application for permit is made by C(3rd party), consent from registered owner i.e A , must be obtained.

c) For mining land – by the land administrator and approval of senior of mines or other officer related to mining matter;

d) For reserved land – by the land administrator and approval of controlling officer of that reserved land.

Sec. 72 – duration and conditions

1) every permit to extract, remove and transport rock material for a term expiring not later than the end of the calendar year, which it commences.

2) Every permit is subject to provision contained in the permit or other provision.

3) Permit shall be in Form 4C

Sec. 73 - permits not capable of assignment/transmission on death.

A permit shall not be capable of assignment A permit shall terminate on death of holder or

dissolution of company If upon expiry, holder continues with

extraction, he is liable for penalties – section 426, a fine not exceeding RM10,000 or imprisonment not exceeding 1 year or both.

Cases;

Marble Terrazo Industries Sdn. Bhd. (1991)1 CLJ 109

Puspita Corp. Sdn Bhd. v. Berjuntai Tin Dredging (1994) 3 MLJ 251

Sec. 74 – deposit in respect of permits.

The SA may direct land administrator or officer

concerned to request a deposit of a reasonable

sum from permit holder as security for:-

a) due performance or observance or provision imposed.

b) Rehabilitation of the land.

Sec. 75 – effects of permits on conditions affecting the Land

If the land is subject to any condition imposed by any law relating to mining or any other written law, the act of doing anything authorized under permit shall not be taken to constitute a breach of such condition.