ths of application, if - FAOLEX Databasefaolex.fao.org/docs/pdf/guy39220.pdf · 2006. 7. 31. ·...

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ARRANGEMENT OF REGULATlONS Rp.oUW't7ON 1. Citation. 2. Interpretation. 3. Application for exclusive permission. 4. Description to -rd with mps an record in Departmont, S. Advertisemwt and opposition. 6. Granting a rehisai of s pcraii~&~~ to bB at absohrte didm of ths Pmidsat. 7. R~nt on permission. 8. Applicant ro be notlfied by Commissionor In writiug of appraval of application, 9. Ara abandoqed if mi not paid. 10. Permission not to be iasued or transferred ro persona out of WLWS pt~p~~y ~ p ~ t a d ,

Transcript of ths of application, if - FAOLEX Databasefaolex.fao.org/docs/pdf/guy39220.pdf · 2006. 7. 31. ·...

  • ARRANGEMENT OF REGULATlONS Rp.oUW't7ON

    1. Citation. 2. Interpretation. 3. Application for exclusive permission. 4. Description to -rd with m p s an record in Departmont, S. Advertisemwt and opposition. 6. Granting a rehisai of s pcraii~&~~ to bB at absohrte d i d m of

    ths Pmidsat. 7. R ~ n t on permission. 8. Applicant ro be notlfied by Commissionor In writiug of appraval

    of application, 9. A r a abandoqed if mi not paid.

    10. Permission not to be iasued or transferred ro persona out of WLWS p t ~ p ~ ~ y ~ p ~ t a d ,

  • 110 Cap. &Al1 Minittg [-1 -te MInim Rcguldioiu

    I I . Applicant may be rcquired to pay fees for compass survey of boundtarius.

    12. A m abandoned if feas not paid or lines not cut. 13. Boundary l i w to be run in paraiid lines w h v u r possible. 14. Boundanes beneath surfm. 15. hrmiwioae ody to be iwuod for oab year but mrsy k sxtendcd if

    sufki-t work h bwn dOTLO. 16. (1) Deposits to h made before extension of permission if sufiCient

    work not done. (2) Bond in lieu of -it.

    17. Pamittcc to furnish proof of work done. 18. Rwmation of rights in mineral and other substances. 19. Transfbr of pwmkions and leas=. 20. Full mport nrt expiration of permission. 21. Application fur lrrii#. 22. &nt payabîe uada a W. 23. Area to ba l d must ba prwibely surveyed. 24. Paymtnt of s w a y fm and penalty for default. 25. RoMty. 26. Minimum toyalty. 27. Exportar of bauxite to give particulam regarding situation of land

    and ownership rights. 28. Export of bauxita from private property. 29. Leasm to obtain Ministem's musent to traasfer. M. MQ*~ aammnt to bo ftmkhd rqprd'ing qu~intiriw of bauxite

    won, exportad, etc. 3 1. Application of Mining Ibguiations.

    FiRSï SCHEDUtE-Fomis.

    SECOND SCHEDUL&Table of Pw. TIlïRD SCUEDULE-Nath of tntnndwl Trnnafer nf Permission or b.

    FOURTH SCHEDULE-Certificate of Tramfer of Permission or Lwrst by sale at Executioa

  • Minhg Cap. 65:01 111

    BAUXITE MINING REGULATIONS ""%% 6/1W

    mad@ #der section 79 1211947 23f1957 411961

    O. 15/1970 1. These Regulations may be citai as the Bauxite Mining Regula- Citation.

    dons.

    2, In t h ~ ~ e Regdation%- Tnterpreiation. "bauxite" inc1udes as well as the mineral so named every 0th~

    mineral of like nature which in the opinion of the CommiPsibner is of equal merchantrtble value or qualiiy and refcrences to the minhg of bauxite shall be coaslrued so as Io include every me~hod by which the same shalI in fa& be won;

    "Commissioner" means the Commissioner of Geologicai Surveys and Mines or acting Commissioner and in'the absence of Ehe Cammissioner shall include the officer detded to tak~ charge of the Deparémene of Geologhl Surveys and Mines durhg such absence;

    "Deparment" means Deputment of Geological S w e y s and M h a ; *'rnanufactw'' means the process of extracthg duminium or any

    ulIic?r metd frum bauxite by auy meam whatevcr; "Mining Reguhtions" m m s the Miaiag ReguIations, or any

    amendment8 or rwmadments of those regulations; *"permission*' meam an exclusive permission in Form 2 in the ~ 0 m 2

    First Scheduie to occupy and explore a specified area of Stak Pirst land for bauxite. Scbedulo

    3. (1) Aay petsrin Who desires fo nuclipy and expiorc any par- Apnlication tidu IMI of S t.tting the vdue th& for bauxite s id i apply in wiriting to the Commksioner for a permis- sion giving the fuil name, nationality and midentid address of the applicant anci an tidress in Guyana, to he tameù a regktmd adciras, at which al1 notices or oîher process n-sary for the purpose of tbese Regulations may be served and describing the a r a he d e s h to occupy and explore as afomid and at the m e time pay the fee for Bling the applimtion predbed in the Second h n d Scheùuie. ScMula

    (2) On rtceivhg iiny such application the Commissioner ahal1 mark thmon the t k e and date w h it was received and give to the person fiiing samc a rcccipt in Form 1 in the Pht ~chodulc. ponn 1

    Fint Schedule

    rModihd by h 10 of 1969(Cap 65 fQ)inmpcci oPthaApcmm$ do8nod in that Act.

  • 112 Cap. 65.91 Mining ' k i f 6 hflfl&w R C ~ h U

    No application of a subsequent date shaH be received for the same area or any portion thereof uoless it is Wed and the Iées paid within geven days of the b t appiîcation or before the date of the first adverthment, whichever shaii be eariier,

    4. -J'he description of the land shaU be fully to the satisfac- 'O accord tion of the Cammissioner and in such dttaif as wiII omble it to be with rrups oo -rd iri marged on the maps on record in the Department and the Commis-

    s i o n ~ may cal1 on the applioant to amend or re-write any application and may refuse to acoept it unless sa amend& or re-wrim.

    5. The Commisdonec shaii publkh a notice of the application und opPorition.

    in the Cfazerte for three successive Saturdays durÏag which per~od any person who des'm to oppose the issue of a permission on the ground that he has any ri&, ticle or iabresf in the land covered by the application may enter opposition in wciting sctt'iq out the particdan of such right, title or interest at the Department and the Commissioner shall submit such opposition along with the applica- tion to the President whose decision shall be final.

    c i m t i ~ o t 6. The gtanting or refusai of an application for a petmission rcfw' o f i shail be in the absolute dismtioh of the President. No appiicarion 3%P for a permission shaU confer on thei a p p l h e any right, titie or uhlum i n w t whatsoever in or to the land deser2beâ in the appiicrttion dtcrolioa d the W. or to pieference over any appiicarion of subsequent datc for the same

    or any portion of Che game laad and in the event of more than one application having k n fil& for the same or part of the same area the M d e n t may direcr ümt the priviiogo of obtaining a permission shrill be compcted for at auction between the applimts or give such o h direction as he rriity think fit.

    ~mqou 7. The= shaIi lx payable half-ya1y in advance for every such wm permission a rent of one cent for every acre for every ycar it is in

    force. The h t h h e n t of the muai rent shall be payable in respect or tae period intcrveaing berneen Ehe dmrm on wnich rhe applicant is notiiied in writing of the approval of Phe mident of his appücation and the 30th June or 3lst Decernber next following as the case may be and M e r the rent shail be payable in two equal insralmen& half-yearly in advina withouc demand on the 1st January and 1st July, and the permission shall remain in force oalysolongastherentisnotinumir.

  • 8. ~ h e approvd of the application by the President shall be AppliEant to noti6îd by thc Commimioncr in writing to thc applicant and suoh $ m& notification shall be deemed to be a provisional permission to the sioner rn appiicant and the rent on the m a apptied for, as hminahr pro- vided, shall be payable from the date of such notification. application.

    9. If the first instalment of rent is aot paid within thee months of ~ r c a the date of thc letter notifying the applicant of the approval of his apphtiiaa th Commis~ioner shall adver tk the a m an "abandod'' W. aud c l i ~ l a d $hall ~ ~ G E G U ~ O U be opeu to application by othcrs and the appücant may be debarred from re-applying for the same land or any portion of it either in his own name or through others if the President so direm.

    10. No permission shall be issued or t~mferred to any person Pumission resident out of Guyana unless such person is represenkd by a duly ga 2 constihited attormy resident in Guyana and such power of attorney t d d is depositd ia th^ DIX& Rt:&ry mid a ccrtificd çopy thcrcof Fur,? deposited with the Commissioner, cuyana un-

    lesa propcrly repmntd .

    *Il. If the President has approved JE application and the îmt A P P I ~ U ~ instaLmeni of rent has been paid as afmsaid and the Commissioner Cct,"pay is satisfied lhat the boundaries stated in the application can be tees for fo\lowed on the g e o d without survey a pcnissisbn may be h e d in T$ayoP Form 2 of the First ScheduIe to these Regulstiom and such permis- boundarics. sion shall date from the date of the letter of notification to the Pfz 2* appiicant of the approval of his application but if the Commissioner schedufe is of opinion that lines should be cul partiy or entirely arouad the 1'' Of l9"I area applied for be may cal1 an the applicarit to cut such Iines and to deposit a fee for a compass suwey by an ofticer ot the Liepartnient at the rates set out in the Second Schedule before such permission is m n d issued. Schedutt . i2, (1) if me appllcant witim sur months of Ming cWed upon Arta

    io do so f d s to dcposit the fees and fo haw the lines cuf nady for fEiap$f survey, the Commksioner may advertise the area as abandoned and iiaes not the Iand shall rhemupon be open to application by others and the Nt. appticant may be debarred from re-applying as ûi regularion 9.

    (2) Any application fee or rent that may have been paid in respect of an area so declared abandoned shalI be forfeited and in the event of the Governent having incurred any expense in connection with the proposed survey such portion of the suruey fees as may b necessary to teimbume the Governmeat shall be

    * M d W by Act 10 of 1969 (Cap. 65:M) with mpect to the Agrem~b deûned in thai Act.

  • appropriated by the G o v ~ t and the balmm of euch survey feea ~ h a U be r&&d to the applicant.

    13. The si& lines and end lina of the surface boundaries of the tract shall as far as possible be run in paralle1 ha raspectivcly except whece prior holchg~ or narural fatum prevent this king donc, in whi& casc t h tract W ba of auch shap iw may bc approved by the Commhioner and in any case if the C o ~ i o n e r considem it newmy the bounddes &al1 be laid out &hm p a W y or wholfy by a sumyor at th expense of the appliwt.

    14. Thc boundaries benmth the surface of dl tracts for which permissions or 1- are issued under these Regdations Bhall be the vertical planes in which the surf- boundovies lie.

    15. No permission sidl be issued for more than one ycar in rtia fwst iman=; it may be reneweà at the rcquest of the p d t t s e for rwo or more s u d w periotis of on6 p c cach provided that tlm Resïdent is 88tïsfied on tach oumion Chat srnoient exploration work has k e n done to warrant such extension or Éhat good rason has bcen adduc& why sufûchu exploration wmk was not dom.

    16. (1) If at the end of the fmt or aay aubquent yeat the Prtsi*. &nt is not saMed ag provided in nguiathn 15 the pcdssion may n ~ l w s be extended on the same tmm for a p&od of one y m on tbe applieant cbpding m'th the Coixuukhm a sum not legg than ont thousaad d o l h and not more than Bve thousand doUm as the Mident anay &ci& as a gumntee that exploration work dbemcd sufnaent by rhe &mmkiouer wdi bc camed out in tha ytar for which r e n e d of the pmimion is to be granFad. If at the end of the year of r e n d the Commwsioaw deam the work d e d out M be ias~Bcîent the amount deposited or auch portion thffbof as the President may deçide SU be forfeited and paid to pubtic revienue* ff huwiavw t& C a w o a e r deems &he wu& out to be sutikht the amount depasibed ~hali be rchdcd in full.

    (2) In lieu of the a p p W makiag a &po& as requimi by pmgraph (1) he may enter inEo a bond for the mount wieh one or mare aueties to the satisfaction of the Commiîaiom~

    17. The Commidoner may at any period durhg wbioh a pefi ~ o 1 1 h i o ~ d I o n ~ h a l d e r C o f r u n i n t r a ~ a n d propcr etatcmcnt of the nature aad ex-t of the exploration work & e d o u t w i t h h a n y ~ ~ o d d thatmtdsiwh opara. tions verifying the same when requited by a statutory daclmiion

  • of the truth and correctness themof and if such statement is found to be wilfully misleading the permission may k cancelled and any deposit forfeired wirhout prejudice ro any further ai;tion tliat müy be taken.

    18. A permission shall not confer any right, title or interest in Rescrvaiion the soils nor in any gold, silver, valuable minerals, precious Stones, minerals, coal or mineral oil or substance of a like nature, nor in other any tirnber growing on the land or any balata or other substances SUb6t-- obrainable therefrom or from the Stak Forests and shall only confer such interest in the bauxite on the land a9 is providai in such pet- mission and shall not entitle the hol&r to mine or ship bauxite; provided that the Commissioner may permit the removal of trid shipments for analyses and wmmercial tests. Royalty shaH be payable on any quantity of one Con or over so removed.

    1% (1) A permission or lease shall nor be assigned or transferred ~ranaférvf other than in the man- prescriâed herein.

    (2) On receiving notice of any intended transfer in the Form in the Third Schedule the Commissioner shaIl cause rhe same to be Third published in the Gazette for tiuee successive Saturdays in order to schedu'e. iillow WC uity uppmitiuii tu sudi trrrnsfcs bine cabProd as horoinafbcr provided.

    (3) Every person desiring ta obj& to such tranafer on the ground that he has any right, title or interest in or to the permission or leise about to be tr&risfer& shall proceed in the manner provided by replation 5 as to objections to the issuing *of permissions :

    Provided that nothing in this regulation shall be comttued to give the holder of any permission or lease containhg any wndition forbiddig or limiting the right of transfm, any right to transfer in contravention of such condition.

    (4) If na opposition is entend to an intended transfer or any opposition enterd is rernnveiî. the Cmmifsioner shall record the fransfer and shall note on the permission the faa of such transfer.

    (5) Every transietee shall give in writiug to the CoMmLssioner an address in Georgetown to be called a "regisbred address" at w h i ~ i ~ al1 110tic-c~ or othcr proccss may bu servad.

    (6) On the sale at execution of the hoider's righh under a permission the purchaser shall, subject to the provigo to this regula- tion and on production to the Commissloner of a copy of the Con- ditions of Sale signed by the Kegistrar of Deeds or a bUiCT, as the case may bc, together with a cmtiiîcate that the purchast money has becn paid, be antirled on payment of the prescribed fee and on

  • 116 Cap, 6501 MhMg 1-1 W ~ U * i * i s R-#da#bw

    Second SEhed*. Full regon ai expiration of permisaion. LRq. 4/19611

    complying with regdation 10 and regulation 19(5) to have aa cntry made in the Register of Permissionri and Leases of su& sale and purcham and &O to -ive Cr- the CoruruiYsivuer a Cedicab uf Transfer in rhe Form in the Fowth Schedule and such ceificate duly signed by the Commissioner shall be evidena in a11 courts of law of the M e r to the purchaser at execution sale of the permission therein mentiofid.

    (7) The fee payable to the Commissioner for making the entry and giving the 0st i Iht .e of Transfer mcntioned in the last preceding regulation shall be the same as for fdhg notice of a transfer.

    (8) Tbere shall bF payable in advmœ on every notice of intended tramfer the fce spccifed in the Second Schsdule.

    U). (1) The holder of a permission shd1 within three months of the expiration of the petmission each year transmit to the Com- missbner full iofonaation and such records of his search in the fom of a map showing the lmtions of Bauxite âeposits i t ~ the area, and a report together with copies of borebole l og and such m p l t s , as may be r e q W by the Commlssioaer for the purpose of satis- fyiag the Prwident that the holder has taken suf6cient steps for proving bauxiîe deposits.

    (2) The Prcsident sbii be cntitled to refuse or withhold the grmt of a lease over any area whete the hotder of a permission in respect of that m a haa d b c d or mgiected to mmply with the requirements of parapph (1).

    bpücaiim 21. The holder of a permission on rnw application to the C o d s i o n e r at the expiration of bu pcrmiasion or swner a d

    KCS. YIWUJ piiyh8 a fdhg f e of bn d o l h may, if ho hna ~imip!iod with thcso Regdations and of fi permission aad if the PwdenE is satidid that h exploration work donc has Id 60 the k v e r y of bauxite

    Farm 3. deposits, have the Rght to obtaia a lcase in Form 3 in the Firsr schedule ;

    Providad haî- (a) the President may duse to gant a lease ovcr any

    ana which he may consider iuconvenient in shape and in such case the applicaat SM IM entitled to submit another appliation ; and +(b) tht b i d e n t may, if he tbhks fit in any panicular w, ~~Odifyar oxdude any CI PUE^ set out in the Pirst SOhedule to these Regulations,

    *ModiAsdôyAa i O o f 1 9 6 9 h # ~ p ~ t o E t b e ~ B d ~ h d f n t h t A d .

  • Mining Cap. 6501 117

    22. The rent payable under a lease shail be at the rate of twenty Rent payable cents per acre per cmnum payable in advance without b n d and a kase. shall commence from the date of the enpiration of the ppermissron or the grant of such lease whichever shall be earlier.

    23. (1) Ai1 Iand for which leases are approwd shall be preciseiy ~ r e a ta be surveyed (if not already so surveyed) at the expense of the applicant. &y&?;

    (2) The Commissioner may permit such survey to be made by sur%e!yed. - a due quaiifid land sumeyor ar may otder such survey to be made by a surveyai of the Department, in which latta case the fees payable for the survey shall be at the rate prescribed in the ~occrnd Second Schedule. ~chedule.

    24. If any applicant foi a lease after being required by the Corn- Paymcnt or missioner- survey f eu

    (w) to imvs sudi portion of land as ir applicd for r u r v w ~f~~ by a duly qualifieci surveyor, or

    (b) to deposit Che rent andlac the survey fms, fails for two months ta have the required survey comenced or to deposit the rent andior the survey fees, or II' the survey ur un-- hkeri by the applicant to deposit the plan or plans thereof within six rnonths rifbr the WmmenMment of the slirvey, the application for a kase may be declared abandoned by the h i d e n t . Thereupon the application fee and any r a t that may have been paid $hall be forfeited and in the event of rhe Government haviag incurred any expense in connedon with the proposed survey such portion of the survey fees âeposited as rnay be necessary to reimburse the Govem- ment shall be appropriaml by rae Governmenr and rhe balalance af such fees shall be refunded to the appliçant

    25. (1) Royalty shall be payable oq al1 bauxite won from the Royalty. Sare h à s and e x p o d frum Guyans at the rate of 25 W s a ton L!9'iif1947 of 2,m pouuds.

    (2) Royalty sball be payable on d l tV i t i x i t~ won fmm the State lands and wed for mufacture in Guyana at the rate d 20 cents a ton of 2 , M punds.

    (3) Royaity as aforesaid shall b payable on al1 bauxk won from the. State lanüs and rcmoved ro privare pmpercy w h e m r such bauxite is either exporkd from or used for manufacture in Guyana.

  • Minimum royaltu.

    EurlT: piucparticu- h m n p situation of land and ownuship wu.

    Cap. 65:Ol Min@ k i t c Mhip R c ~ u h t l w

    26. A Issa shall pay a minimum royalty charge in each year equivalent to the royalty which would be payable if five tons af bauxite were expbrted for each acre leasd:

    Provided always that a lessee shall only be required tu pay a minimum royalty charge equivalent to the royalty on one, two, three and four cons for each acre for the first, second, third and fourth ycars of the tcrm rcspectivcly and that such minimum royalty charge may be averaged ovcr five-year perio& the first of such periods commencing at the date of the commencement of the cetni granted by the lease and the subsequent periods foIlowing consecu- tivcly so tliat production upo~which royalty in cxccss of the rmiiii- mum is paid in any year m y be used by the l ~ s e e to offset a deficit in any subsequent year within the fiva-year period but no excess of royalty which shall becorne payable in respect o f sny former five-year period shafI bc takcn in ammunt for answering tho dtficicncy of any subsequent five-yearly period or any year thereof.

    27. Every person who desires to export bauxite shall in addition to gving such information as may ordinarily be required by the Customs laws and reguiations declare to the Comptroller of Customs-

    (a) the situation of the land from which he has won and removed the bauxite and whether the land is State or Govern- ment land or is privately owned;

    (6) such particulars of the title or ownership rights under whkh he ha* wnn and remnurrl thr haiixitt na will eatisfy the Comptroiler of Custom that the person desjring to export the bauxite is lawfdly enrirled to do so.

    a In thc uwc of bauiritc b l d aa having bcan won md rernoved from private property the Comptrollcr of Customs rnay requùe a certifiate from the Commissioner setring out that tbe bauxite in quetion was won on privately owned property gmnted bofom thc paasing of Uic Mining Ordinauioci, 1903,. and ia not subject to papayrnt of royalty. Such certificatc shalf lx issued by the Commissiomr at the expense of the exporter.

    29. Tiie haldce of a lcase shall not without the previous consent in writing of the Ministtr t m f e r , assign, underlet or part with possession of the land held or any part thertof or his interest therein and th¢ p r d w e thercaRer in regard to uansfer shall be as set out in regulation 19. - -

    *No. I of 1903 apealed by ik p m l Act.

  • Mining Cap. 65:Ol 119 U l t e Minin# Regulatiotu B4Ibdwl

    30. Every person who exports bauxite won and removed from ~ o a t h ~ ~ StaLe or Guv~riiiiicnt lauds ur fru111 privale lands gninted subsequenc ~ f ~ ~ é ~ to the passing of the Mining Ordinance, 1903,* shall, on or before the 10th day of each month, present at the office of the Corn- r$yt;i rnissioner a satement showing (a) the quantities of bauxite won cxpoflcd. Ïrom the said lands durhg the rhen iasr previous calendar month ;F;ir,9031 (b) the quantities of bauxite the produce of the said lands which shall hiive been exported during rhe then last previous calendar month as aforesaid and the destinations and the names and addresses of the consignees (cl the quantity of bauxite won from the said lands and removed to private property and (d) if the whole or any part of the bauxite won from the said lands shall be manufactured within Guyana the amount of the products thereof rnanufactured during rhe then last previous calendar month as aforesrtid and the amount of the bauxite required for the manufacture of the same and the amount of manufacrured produchi exporkd düring t h then bst previous calendar month as aforesaid. Every shtement of export shall be accompadied by a cerrfflcate from th6 Comprroller of Customs showing the amount of each exportation. And the lessee shall pay the royalty on the amount of bauxite so exported or used in or for manufacture during the rhen last previous calendar month as aforesaid at the t h e of presenring each statement.

    31, The parts of the Mining Regulations, referri.9 to tJ~e employ- A iicatim ment of labourera, raoitary regulations, and the regulation of mines shail a . far as they are applicable, apply murutis m u t a s , to al1 permissions and leases issued under these regulations.

    FIRST SCHEDULE FORM 1 reg, 3, 11 and 21 Res 23/5/1939

    &CEIPT BY COMMIS$JONER POR APPLICATION FOR AN EXCLUS~VE h ~ i 0 ~ 1211 947 4/196i Guyana. O. 15/1970

    The B m i f e Mhing figularlum

    This is to certify that I have this day received from .....-. .............. on beha1P of .............................. ....................an application for m Exc[usive

    ............ Permission under the Bauxite Mining Regulations for an area situate .... .: and that the fee for fiüng îhk applica- .................................. ..................................

    tion has bem paid. Dated this-.. ......................................... &y of. .. .............-... ................... 19 ......

    ..

    *No. i 1903 reptaIed by the p-t Act,

    T R i l r11117a

  • Under the B n u i ~ e Minhg Regdations Guyana.

    By His Excellancy the h i d e n t of Guy-

    Whorms au appbcation IiaS bccn mado undor the h u ~ i t c Mining Reguiatio~s by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . praying for tbc exclusive right of occupation and exploration of a certain tract of State iaad hweinaf~~ &miW. aituate, iying aad himg ûn

    . . . . . ..... for the purposc of testing the value tbereof for hwritc: Whereas it appars to be expedient to nipprove the said application; Now, thetefore, 1, by virtue of the powci and authority in me vcsted

    ... ............................... do hereby permit the said ............. ..-............. - .-natter ail iacludd in the term "Fermime'*) undcr

    d o n 1x2) of ihe Mining Act, and the Reguhtioas dortsaid to have the erclusive r u t to occupy and explore for î b pupo80 of lmting the value Lhtrwif for bauxite the unoçcupied tract of State land hereinafter

    ................ ................. ....... &4~ibed, foc the period of one y w from the day of .... 19 ,h:-

    cave and except nuch portions of the said tract of land ns wen? Inwfiilly occupied by persons other than the Pcrmitm pmvious to t&o . . day of

    19 .- , gobject to thc following co~ditilras: 1. The Permittee shall on the 1st day of January and JuIy in every ycar

    during the continumm of this Pe?missi~. Pay in advance and without dwnand ro the Cornmissioner of ûmlogical Surveys and Mines (herein- after called the Commissionur) for and on behal f of Guyana, one moiety of o yeatiy renlal or exploration fee of one ceni for mIi and mety acre of Statç land comprised within the tract specifid in this Pemission amaunt- ing [O th8 sum Of ................. &iiar6 Ond ............. CcnU Wr annum; the h t inetalment of the annual rent shail be payable in respect of the period inwening batwm iht date On whi& th8 M t t t X WaS n o m of the approvat of the application, Le., tha ............... day of. ................. ... ....................... 19 ...... a d t h . . - - d a y ~ f . ......... 19 ..........., a d this Permjssion &al1 remsin in fora ody sa long as the m t a l is aot ia arrear:

    Providecl always that the amount nio payable in raspcct of such annual -tai fa &di b subject to any Wucrion which may hemfter be made undm the provisions d clau= 2 heraof.

    2. The Permittee may from time to timc abandon in wri ting any portion or portions of the tract included in this Permission, provided that no one of aiirh partions to ba SD abandoned d I l be l e s in area than one quaner of the asea covcrsd by this Pcrmksion, and when the Famittee shall have p r o m markal out the partions ao to ba abandoued, ta tbe satisfaction

  • of the Commissioner, no rcntal sball be pavabk themon from the date on which the next sucçeeding annual payment in re6pcci of rental btcooirs due, and al1 such portions so abandoned shali thereupon becorne open for apptication by sny parson.

    3. The Permittee shali during the said period of one year Erom the 19 hava the right to explore and search the ............................................... .........

    surface of the lands included in this Permission for bauxite and for that purpose to make geological and geophysicai examinations on the ground and/or from t h air and to dg and turn up the surfkm of the land to the extent aecessary for the efficient exploration and to drrU geological information bosehob.

    4. Tb0 Parmittee sh l l ai al1 iizii~s duriiqj ~ h c üuutiuuluiw OC ~lris permission maintain the services of a qualified gmlogist whose mhnic.1 qualihrions shall reçeive the prior approval of the %ommissioricr and who shaii be reaident in Guyana.

    5, Ilie Permittee shall within six months from the date hereof mm- mennt and rheraafttr diügtmtly CO&UC ta exarnim gcologically andlof by gaophysical mechods the taid hds.

    6. nit P d t œ shall at ail timcs aff'ord to the Comrnissionw or other ofiicer in that bchatf appointcd by him all proper facilities for entering upoa and inspecting the works and operatione of the Permittas within tbe prnspecting area and ascertainingr tho rm!& theaf . nie Pctanace shail furnish to the Commissioner a hdf ytarly report (which the Permittee hereby underurkes ta have preparcd) indicating rhe progress of omtions un& this Permission and the expsnditure incurred on exploration. This report shall be prcsniteû at the o f i a of the CommisBionat on or btfore the 15th day of FeUruary anri thc 13ili rkry of Augui iu c a d i y w . 3316 first of t h e reports shah be in respdct of the prid intaruaning between

    ..................................... ....?.. ...................... .&y of ............................ and the day of. ................................... and tbereafter in respect of six-mon& @O& up ta the ccwIuâiOn OS explMauon opsratim. N o r w i m ~ the provisione of condition 7 hered, the Permittac shall forward to the Com- miseionur copie of borebol8 log8 as and wheo @y becQm availablo and at 1-t once in each period of six months during th8 çontinuance of ü& Peruiiasi~~.

    7. The Permittee sball on the expiry of the Permission cach year aad within three mon@ of such expiry tronsmit to tbe Commissiontr fuU information and euoh taoor& of his sasroh io tb form of a geolcrgicai map showing the locations of bauxite dcposits within the ma, and a report together with copies of borehole Iogs and such saaiples, mrs m ~ y be required by the Commissioner for the purpose of satisfying the Prmident that the Fernittee ha6 taken Pitfficiant Ws for proving bauxite dcposits,

    L.R.O. 111973

  • 122 Cap. 65,111 Mfniag d

    1-1 Rwdte MirJw RQP&lonr

    This repart shaii be pmenled at the o b of the Commissioner within three montbs of the date of mpiry of the Pennission.

    8. The Permittee Jhall observe and cordp1y witb the provisions of al1 Mining, State lands aod Forost Act8 and al1 Regdations for the time king in force in 60 far as the same can be applied to a Permission of this kind, and the Permittee bt taktm and considered to bc the p~rson made üable thaoUnaW.

    9. This permission shal not confer an the Perznittee any right to dig, work, mine or takc away bauxite to any p a t e r extent than shall in the opinion of the Commiasioner b e p ~ ~ e i v to prove the quality and extcnt of the doposits of bauxite (ifmy) therein by takiw sufficicnt samples thereaf from ditïcrent par& of the prospecthg araa.

    in T h i s ptrmissio~~ shaii not coder on the Permittee any right tn obtain or prospect for any c d am minera\ MI or a~bstancc of a $ka natm or gotd, ailver, duable minerals, prccious Stones, minemls from any deposit that may exirit ia or U r tbt pr0Specti~ area or any part or parts . h r d mpectively nor shall this Pennission cmfof on the Permit& my nght to cut timbcr on me pros- araa c x q t so far as shall in the opinion of t h Commissioner be neceaary for prospecting purposes al1 of which shall be savd and m m e d to the Sutte with the right to enter upon any pari or partg oT the laad covared by ttbis Pertaimiori and to w b and minc for Md mny awoy any ooal ar minerai oil or subs- of a Iike nature or gold, sitver, vduable minmals, mincrals (other îhan bauxite) or precious stoms as afiresaid or issue leam, licences ar per- missions to 0 t h to do so or to cut and rernow timhr or balata thermz~ or any substance or thing obtainabie themfrom or from the State fomsts.

    11. The Permittee shall not by any operations under this Permission impair the free aocess to any landiag pl= in tuai use at the date hereof in any rivar, crwk, Iagoon or waterway nar deposit my detritus earth, wasre, whise or trrilinp mulliup frn!~~ any oporatiuns iior rilluw (he same to accumulate in any place so as In any way injuriously to affect the navigation of any river, creek, hgmn or waterwrty nor place the same on the ba& tkmf without the pei.mi~~ïion pt.ehrisl~ @ v a in writing of the Commissioner nxrt moor -y d d g e r . hrge, b a t or vesrel so ao to prevmt or interîm with îhe free navigation of any river, mk, tagoon Qr watetway nor in any way intdere with or prcvent any person whomso- ever goiw to or from such landing place as afo-d or passing or repas- s i u with bats on any river, creek, Iagooa or WatL?Way or any pmon now or berdter holding lanh on the brinks thereof using any river, crmk. lagoon or wateway for drainage purposes or for any oîhet purpow for which such FILS may lawfully uset the same and tha Pcnnittm shdl catry on thcit opemtione under thii Permission to tbe satisfaction of the said Commissionm.

    12. l ' l i s Pumission &dl not b aaoigaed or traoafsrred otbcr than in

  • Mirring Cap. 65:OI 123 B w r i ~ c Miriing Regul&furw ISuWhryJ

    the manner prescribed by the Bauxite Mining Reguk tions.

    13. This Permission shall bs subject to the right of Amerindians to mttlo, aamp, hunt in and troveree t h tract hareinbefore desqribed without molestation, and to the right of any person to pass through or over the land to be ocçupiçd or explored hereunder to any land beyond and to which such pcrson desires and is entitled to go.

    14. The President may at any time direct that any portion of the land included in this Permission may ba taken and used for public purposes, and when the President so directs, the land specified in the order of the Presiàent shall be îaken and used for public purposes withoul giving the Permittee the rlghr. ro clairn compewation therefur, but the Parmittee shall not be liable to pay the annual rental in respect of arly land so taken.

    15. The President may grant to any person or persans a Concession for aonstructing a railway or road acrosr or through any portion of tbe l a d specified in this Permission wilhaut giving to thc Permittee the right to any daim for compensation from the Concessionaire or the Govmment for any wt done pursuant to any rights or privileges granted under such concession, pmvfded t b t in the event of any question aridng betwecn the Permittee and the Concessionaire under this clause, the decision of the President on such question shall be h a 1 and binding on both parties.

    16. If the Permittee shall make default in diligently searching and prospecthg for Bauxite in the prospwtiry ares or if ilic hniiiike shaH fail to cornply with any State Lands, Mining or Forest Acts or Regulations for the time being and from time to tirne in force in Guyana w if the Permittee shall otherwise fail to perform any stipulation herein contained and on their p.pd tn he perfnmed the Prmident by himseif or his agent may çancd and detennine this Permission and m y also enter iip the prospecting &rca in question or any part thereof and take possession thereof and al1 erstions, plant, materials and things belonging to the Permittee and thereupon this Permission shalt cesse but the Permittee shail be entitlad subject ta payment of any sum whch may bc due at the time to the Governrnant in respect of the said area to remove al1 erections, plant, materials and things thmeon belonging to the Femittm within thm months of the termination of this Permission.

    17. Any notice or direction to given under this Permission may in addition to any other method for the time being authorised for serving the mmc be given to the Permittee by leaving the same ai the local regisbred address or registertd nffice for the iime being or by leaving the same with the local manager or local rcprssenUitive for the dme being and any notice so left shall be deemed to have been given at the time it was so left.

    18. ln case i t shall be provcd tu the satisfaction of the President that the exploration work done he~under hm Led to the discovery of bauxira daposits in thc prospecting a r a or any part thereof the Rasident shtill at

  • 1 24 Cap. 65d1 Mhing 1-1 flririxlii MWfg Rdgulrufwr

    or More the expiration of this Pamimion at the muest and cost of tho Permittee grant ta the P d t t e e a Lase or h s e s of such part or parts as the Pmnirtm shaH select of the lands within the prospdng a m in which such bauxite shall have bœn so provcd, to condst of not mox tban the agpqpw uumbm aiid a m laid dom by the Regulatious mhtiug to bauxite d g for t h lime being in fora and such Leam or kam shaü be in the form and matain the covemmts md provisions set forth ia the fonn of lease sut out in the First Schedule ta those Regdations and be for a pefiod of hvtnty-om~ yaars or such longer period as in the opinion of th frcgidcnt may ba warrantad and the P d t t B e may dasire.

    19. This Permission may ba renswed for two or more sucoessive periods of one year each if the Presideat is satisfkd on each o d o n that sufficieut oirpluration work hm b#;n dona during the prcviou yoar to warrant ~uch extension or tliat good rtason has been dduoad why sufficient exvfora- tion wark was no& 20. ~othing id this Permisaion wntaind ghall imjmse aay personai

    Iiabjiity on Um Rtaident or any panon or prtnons ur wrporation wting undor the authoiity of th8 Pkaident.

    21. The actual waiwr of the bendit of any coveiiaat or condition of rhis Permission on tht part of tba PfesWU shall not im assumed or dEemad to ortend to any instanœ or any broacn ot covsaant or condition otha thrrn that to which such waiver ihaU sptcially relate nor to be a genmal waiver of the b u d i t of any such covenanr or condition

    22. The m i p t of any rent or 0 t h monoys by or on the part of thd Commigsionar shall not be construcd as a waivar d any ankcuht or thcn subsisting breach d a n y of the oownunts or agreEmenfs on the parr of the Fcrmittea hmin costaid or impliod or of any rights or remdies of the Mident by vimia of or in ~onmcüon with any such braach.

    23. Notwihtanding m y t b g aforemctntioned in this Permisaiou the ........................................................... Pamiw ahaU u p w d a sum of not leas tban

    ($ ............................. ) on axplmtian work on tbis a m during the 5nt y a r ~~ ... . . . 19 ... , or diuing any aub&wit yaar for *ch this Pcrmintion may bo m&. Gim undtr my haad and the Gisnt Seal of Guyana at the Guyiu~a

    Bo-, Gm-wn, Demarara, thb ......".............. .day of ....................... in the ycai of C)m Z f i d Ona Ttio-d N h Hua- and ..... ........-...........

    Praklent I a4apt theabove Exclueivb Permission on the temms andconditions therein

    t h ~ & ~ i o n e * of Gmlogical &wp ard Mines

  • Minhg Cap. 65201 125 Bauxire Mining Reg~lationr ~subeidsrl

    reg. 21

    Uder the Bauxite Miniirg ReguCafiom Guyana.

    1 ............................................................... ".",. ..................................................................... Ymident ot' the Kepublic of Guyana hereinafter called the "Lessor" which term whenevor the wntext pannits or requiras shall be dearneà to include the sumessor or successors in the said office a d 1Re 0-r for the lime being adminisbjng the Goverment, do hereby is considerarion of tho G O Y O M X ~ ~ ~ , provisiom and rcnts horciaaftcr mscrvcd and subject to the Mining Act and the Bauxite Mining Regdations made thmnder in force at the date of the signing of this lease in so far as they are applic- abje to the same and not in codict with any of the express or jmplid provisions of this leaso. lease unta hereinaîtcr a11 jncluded in the term "Lessee" an the said do lrercby tdre on lase the piece or p a d of State Land situate on the .................................... in f he County of ........ as f o ~ i o ~ m m a n c i ~ at a paa

    ctmtaining ......................... ....acres as shown on a Diagram by. ............................... ..................

  • i 26 Cap. 6Sdl1 Mtning

    1-1 Bauxite Mirring RqularEono

    Rnvided alrn that the 1.e~- shall in the exercise of the pnwerr and authoritin hereby gantai do as tsittk iqjury and damage as can be to the said Iaad or the t i m k thereon or to any such intervening lands or the timbcr thereon and shall conform ta the provisions and restrictions hereinafter contained :

    And providad also ihat if any Amerindians now occupy any of the said lands or intcrveiiing lands the Liesset shatl not without the consent of th0 Prcsidenk disturb such Amerindians in their possession of those portions of the said lands now occupied by them.

    Y IELD~G AND PAYING thereFor the rent and royalties hereinafter men- tioned and upon and subject to the foliowing conditions:

    Certain renc 1, The Lessee shall pay to the Commissioner of Geological Surveys and M i (horoinafier calld tho 'bCommitwioner") ysarly in advancm on the 1st day of January in each year without dcrnand the certain annual rent of rwonty cents (ten pence) for every acre or part of an acre.

    Rwally. 2. (1) The Lessee shall pay royalty on ail bauxite won or cxtracted from the said land and exportod from Guyana at the rate of . cents a tan of 2,24û pounds as prescritai in the 3auxite Mining Regulations, or sucb amount as may from t i m to time be pmhbed by any Act or Rtgulations enacted or made aftar the date hereof.

    (2) Thc h s e e shall pay royalty on al1 bauxite won or extracted from the said land a d used for manufacture in Guyana at the rate of cents per ton 2,24û paunds as pmscribd in the Bauxite Mining Regula- tions, or such amount as may from time to time be pfescribad by any Act Ur Rcgulatioi~s wiactd or made aftcr thc date hctcof.

    (3) Royalty as &foresaid shalt b8 pyabIn on all bauliite waa fram the said laiid and removed to private properiy whenever such bauxite i s eitiicr axported from or uscd for manufacture in Guyana.

    K C ~ U ~ 10r (4) o n or berore rne rmn -y vf-h rnuirrli ihc h w w s11aII pmwm Royaity- at thc officc of the Commissioner a statornent showing (a) the quantities of

    bauxite won from the said land durhg the then last previous calandar montb (b) the quantides of bauxite the produce of the said land which shrtll have been cxported during the then I a s t pmviou* calendac month as aforc- said and the destinations and the names and addresscs of the Consignaes (c) the quantity of bauxite won from th0 said land and mmoved to privat8 property and (6) if the whok or any part of ihit bau~ite won frmn the ssid land shall be manufachlrcd within Guyana the amount of tha products thereof manufactumd during the then last picvious calendar month as 'aloresaid and the amount of bawtc r q u i d for the manufactura of the same and tha amount of manufactuPsd products exportad during the than tast p d o u s calendsr month as aforesaid. Every siatement of anport shall ba accompiuitad by a adaila ftuiri tlie Coiiip~olk~ of Customs showing the amount of cach exportation. And thc Lesse shdl psy th% royalty on the amount of bauxite so uxportad or u d in or for manubctum during the then last mvious calendar month as aforesaid ai the timo of presenting

  • (5) Royalty at the rate payabl~ on bauxite e x f i b d fmm Guyana Mi~imeirn shall be payable in each year on a minimum quantity of bauxite whether or Royalty. not the same has ben won or extmcted and exported or used for manuw ture in Guyana or mined but not removed and the minimm quantity on which such royalty shall be payable each yaar shall be the total rcachBd by taking five tons of bauxite for each acre of the land hereby teased:

    Providexi always that a Lessee shIl mly be requird to pay a minimum royalty charge equivalent to the royalty on one, two, three and four tons for each acre for the first, second, third and fourth years of the tenu respec- t i v ~ l y and thal such rninlmurn royalty charge may be averaged over fiveyear periods the first of such periods comtnmcing at the date of the commencenient of the km grarited by this base and thc subsequent periods following mnsecutiveJy so that production upon -ch royalty in ex- of the minimum i s pajd in any y- may bo w d by the-hsspo to offset a deficit in any subsequcnt year within the five-ycar period but no excess of royalty which shall become payable in respect of any former fiveyearly M o d shall k taken into m u n t for answering the doficiency of any subsequmt fiveyearly +od or any year thereof.

    3. The conduc! of rha Lassee's miniag and other operaiions &Il be Mipros ro;k satisfactory to the Commissioner in a11 cases required herein or from time p$yz, to time provided by law and in particulsr without restricting the generaiity of th ls provision of the Mining linguiations, referring to the Employrnent of Labourers, the Sanitmy Regulations and the Regulation of Mines ahal1 so fat as they are applicable be complied with by the Lessa.

    4. TtUs k a s e shall not confer on th Les= any right to obtPlin oil gold silvur or othcr metals or minerais or pmious stones from any 2m'oi'* deposit that may exist in or under the said land and al1 officm of tho StFate and other persons thereto specially authoxiswi by thc b s o r shall at al1 t i ~ s ha* (1ic ri* to intcr Uie said land Tor Uie purpuw of ublaining dneral oit gold silver or other metals or minerais or precious stones cbdrefmrn. But tw such authori&tion &al1 be granted unless the Lessew shall b a t be given such notice as the h s o r shan think masonable of the applicaiinn thetefnr. Thç 1 e s s e ~ shall he entitled to an abatement OF the fned mnt and of the minimum royalty payable ~ d e r this Lease in respect of such parts of the said land as may be so entered upon and wbich owiog to such entry the Lesse i s unabla to exploit and shali be secureci free access to the msidue of the said land Xn case of such entry by o f b r a of the Sfate the Lassee shall nof be entitld to any compensati~n unfm tbe Lessee's works ahall be Wun or damaged in which ovent the Lessae ahal1 be entitled to compensation to the extent oniy of such taking or damage and not in rmpect of any unworked bauxite or 0 t h value in the land entcrod upon but in crrso of such cntry by otlior pulsons to w h m auy grant or leasa in that behalf shntl hereafmr be made by the State and who sball not 'be acting as agents or on behaif of the Stam the granb or leasos by the Sute to such othet pemn sbaU wnhwh covmm& by th^ grnntM !imw!!I ni fegeryn there11& to carnpetieate the r e s e e ~

    i.. R.O. 111973

  • amla ot dhvay d gold,

    Thc Minh*

    bcreurider for ad damage or loss d o & to the ï.&see hercunder by ouch en- and th State haviag procured such covuna~is to be in& in the oaid gmnh or kases shail bt wdw ao liability 10 the Imsee horsunder Cor the fidure refusai or inabitity of such O- pursons to wmpensam the kssm hcreunder for swh damaga as doresaid.

    5. The Lessee shall give to the Lessor im&ta notice of the discovery by the Losstd of minml oil gold silver or 0 t h motais minerats or precious stom whethcr unbr or upon the said land.

    6. The W d e a t msy constrilot arec4 8et up or iay or may grant to any p m n or mns or corporatiq&who shaU apply therefor (the Isrise4 baving h t btpa n o m and havw thereaftar r d v e d three calendat montbs' pravious notica in writing or six caicndar months' previous notice Utha said I d are in ~T(K#BB of WO~W for bauxit~ of the in-tion of tho -dent in that Mai f ) a C o m ~ ~ ~ i o n to oomtnwt arccl set up or lay a railway or nrad or e k m c wires or a b k or p1pc h W aosi through over upon or under any portion of tha Psid Iand and in c . of any such railway or r d ar electric vrim or &tes or pipe linnsi Ming wt\5twted tibe Lassae shall be secured free açocss to the m i u i n i q portions of the d d hnd and ahall ba entitled to an abtemant of th iked rant and of the minimum royaity payable under this Lease in mpoct of such parts of the taid lad as may bs occupied for the purposes OF such rtrilway or road or elcctric wires or cables or pipe lines in such matmr as not to admit of the working d bauxite h t h the same and to compc~sation for al1 loss or damage wcasioned to the Lesec by such railway or road or deetric w i w or cables or pipe lim:

    ~rkvided h o w m that in case any such railway or toad or electric wires or cabh or ~ i ~ e lines shall hava ha co1~8tructcd by or an buhalf of the State, the b s e e shall not ~IQ entitled to campatilralion u o h s the Lessds works bc taken or damagod in which bvmt the Lwsee shall bo entitlcd to compensation to the axtant oaly of such taking or damage and not in

    a€ any wwotkcd bauxite or other valw in the paru of the said imcl wi uu;upid.

    7. The Leswe hall sa o h as qu i rad in writing fo to do by the ~ommksioner or 0th o f b r in that buhalf appointecf by him io fumish

    tnm und pro- mîurw and atatistios or 0th particdam of ths operatiaas carried on upon the said lands and the t'esdt thereol as the Commissioner or other officm in that behaffappoinred by him may q u i m

    the samo if and whaa rtquid sa ta do by a statutory dsclaration of thz truth aad cornmess thercaf.

    8. If at any time W n g the said term my part or parts of the faid W &dl bO ~equired for the piupos6s of aay town&p or villago soad, canal, i a i h y . railway-station or the aaprwheo -10, or tramways, or for any 8th PU& PurpOSe wkatsow~, it &d bc kwful f6t t h (Ibc Lcrset having beon n a c d and baving tbm& r d v e d thret

  • MUoing Cap. #a1 . . . . -. - 129

    Bauxite Mining Reguhions [WiboidLyl

    calendar rnonlhs' previous notice in writing or six calendar months' previous notice if the said lands am in procas of being worlced for bauxite of the intention of the Commissioncr in that Md) to caw to be set out the part or parts of the said lands which are no r e q d and sa soon as the same shali be set out the bauxite within under and upon guch part or parts o l the said land as shall so be set out shall cease to be inçluded in this hase and aï1 powm and Iibertics hereby p n t a d ovar the same part or parte of the d d land shail mase to be exercisable by the h s e e and in such case the hssm shall be secured free acam to th remaining part or parts of the said land and shall be entitled to an abatmm of t h certain rcnt and of tha minimum myalty payablc undIr this Lcaso io i * s p o ~ t of the area so appropriateci but the Lessee shall not be mtitled to compensa- tion unless the LRsseePs works shall be taken or damaged in which event the Lessee shall k entitled to compensation to the extent only of such taking or dama* and not in respect of any unwarhd bauxite or other vahie hi the wm $0 sppropriated:

    Provideci however that if the said road township or village canal railway railway station and approaches or tramways are to be owned otherwise than by the Statc any mnt l imm or authority for the construction themof which shl l be granted by the State to the undertakm CU-rs or intended ownen thereof shall contain agmmmts on the part of the grantecs or lioensees thereunder to compensate the Lwce hemder for al1 damago aucd to the L e s e hemunder by the constrmetion theof and the State having procure0 such agreemenr ui W made wih rha Ssate or its afficer shall be undor no further liability to the Leesee hereunder for any subsequent failure neglect refusai or inability of such grantees or licensces to compcnsate the Lessee hereunder for such damage ai aforesaid.

    9. ma Wsee shall rnaka such provision for the disposal of detritus krust to earth waste refuse or tailings resuiting from any mining workinga or 0 t h ~ be disposad d operations to be carried on by the Lessea so that the same shall no1 ba or rnzgE becorne a niiimnre incnnvenienœ or obstniction to aay r d tramway milway talepph line rail dam or privata or Sîate LanB or Gavmmmi Lands or in any manner occasion private ar public damage or incon- venience.

    10. The Lessee shall not by any operations undm this Lease impair the ixssee tci frce access to any Ianding p h in sctual use at the date Mf in any river hterfere with creak lagoon or waterways nor deposit any detritus earth w a m refw or navieatioa tailings resulting from aoy rnining or other options. nor d o w the mm6 to accumulate in any pl- so as in my way injuriously IO rinea the navi- gation of any river cxeek lagoon or watmay nw place t h same on the banks thereof without the permission praviously givm in writing of the Commissioner nor moor any dredger barge boat or vesse1 so as to prevent vr i ~ ~ ~ ~ r f b m mth th* fm mwi@tion of MY ri- or oeeek or lo.soon or waterway nor in any way inteirfere with or pruvent any person whomsoever going to or fram sny su& landing place as aforesaid or passing or r b passing with boats on any river creek lagoon or waterway or aay person

    L.R.O. il1973

  • Not to au@, &.. without CXIRPCILt.

    Cap. 65d1 Mirring Bavritc Mkrtrig Rcpulaintu

    now or bercafter holding lands on the b-ks thereof using any river w k lagoon or watrrway for drainage purposes or for any othsr purpose for which siich parsnmq may lawfuîly use the same and the L a w U l carry ori al1 operations uudur this condition to the satisfaction of the Corn-. midamer.

    11. Tbe Les* $hall from time,to timo upon king required in writing. so to do by the Commissionar woll and sulïacientiy bail and pump draw away and -ove from the said land dl waier aaumulated thereon by reason of the k a s d a worJCings or operstions 60 far as such water sbll in the opinion of the Comrnissioner be injurious to 1 he owner or occupiw uf auy Lidjoiuiug b d .

    12. n e ttgsee shaü not without the previous consent in writing of the -or t w f w asign undetlet or patt with posmsion of the said land or nay part th-f nr thsir interest therein herairndec nr nny RF the l ihertk power or priviteges hmby graatd.

    13. Tho Lessee shall pima a d keq on the facade of the said l a d on or near ko tach boundarv aaal a b o d or tablet on whkh shalt ba ~rinted in plain kgible let- and &uw rhe tuime of the Lcsm the lengtb of the facada the bearings and &pth of the side-lines of the said land the riumbw and date of the h under which the Ltssea holde the prsmises and libor- tics hereby w t s d and îhe Leaseo shdl kcep iucb board or tabltt with. such iwripdon in good m p k during tbc r;onhnuanw of the lasse and t b Les= shall also keep tha boundary linus of t h said hnd clear and opm at ad thes to the inspection and nasoaatdc satisfaction of any o f h of the Deparlmbnt of Geologicsl Surwys and Mines provided wt whwe oontiguour tracts are field hy the LeePp*r only the extemnl. boundana of mch cuntignm tniots shall ba ktpt markad and open.

    14. The deposits of bauxite in the said land shall ba workd in such a manner as to secura tbat the passa~ reasonably r s q d mross any and - portion of the said land to the StaW and Govcrmenr lands aback of the said land is kepl opan to ths of f i fs and servants of tbe Sbte and otbers thereto suthonsed by the Goverament.

    15. The Lesse8 may cut such timber from the h d land as they shdI muica in min@ and other openitiom subject to ûny regulations for the time bisgin force relating to timbar on Statu ùurds and payrnent of royalty t h m n but not fuah~r at otherwise and siid1 if the Ministm so requins pr~vidt at W r owa expense warcmm go prevent ruiy diimage king done to timber gro~ing on any of the said M.

    16. (1) Without projudioe to any obligation or hbility imposad by or i~urred under the (erms anb ~0nditiom bemf the 1- may rit any tlme. during the tenn hmby grantcd or any renewal thoreofdatermine this kase by giving to tha Commissioner of ~ I a g k I Surveys and Idhm not lm

  • Mining Cap. 6501 -

    131 Bauxite Mjning Rcgulatlons [*uiar~j

    rhan six cabndar months' previous notice in writing to that effect. (2) Without prcjudicc to any obligation or liability imposcd By or

    incurred under the terrns and conditions hereof the lessee shall be entitled .at any time during the term hemby granted or any renewal thereof by dving six caIendar months' notice in writing to the Commissioner of 4ïcnlngiral Siirveyn and Mines to surrender the rights granted hy this Lease in respect of any part or parts of the said lands:

    Provided that- (a) the part of the said land in respect of which the said rights am

    to be surrenderd shaI1 be a complete block or parml of Irtnd. being not less than twenty-five per cent of the originaI area com- pnsed in the lease;

    (b) the Lessee shall be required to demarcaie such complete block or parcel to be surrendered on the ground and deposit with the Cornmissioner of Geological Sufveys and Mines the estimated cost of the survey and when the area to be surrendered has been asoenained by the Surveyor any differençe between the amount deposited and the actual cost of the survey shdl ba rufunded to the LRssee or paid by him as rhe case may be.

    (3) Upon the determination by the Lessee of the term hereby .granteci or any renewal thereof or upon the surrender by him of the rights :granted by this b a s e in respect of any part or parts of the gaid lands the Lessec shall be entitled to a refund of an apportioned part of any certain yearly rent paid by thc Lessee in advance in respect of the said lands or sny such part or parts thereof for a period the whola of which bas not ~expired at the date of such determination or surrender:

    Provided tliat a rofund in rcspcct of thc surrcnder of any part or parta .of the said lands shall not be payable until the survey has been completed .and the actual wst of the survey has been prtid.

    17. (1) In time of war or national emrgancy of the existence nf which -ter1. the President shaH be soIe judge, the Minister or his representoitive shall zisht of have the right of pre-cmption of al1 bauxite or other p r o d m thereof the preuriplion.

    property of the Lessec wheresoever the same may happa to be at a pricc .to be upon htween t h Lcsste and the Prcsident and the Lessee -shall to the best of the Lessee's ability supply to the h i d e n t or any .person nominated by the President on being requested - so to do such quantity of bauxite or the products thereof if any produced by the Lessee .as he may quire. In the event of no agreement being corne to as to the price it shall be rlie commercial v~lw uf swh buninc or oti~w. products thertof of the Lessee if any at the place wherc it or they shsll b so supplied zo be deiermined by two arbitrators one to be appointcd by the hssor :and the other by the h s e e with power to appoint sn umpire in case of diwgroomont siioh arbitratien to be hold in Guyana un& the Arbitra- ,, ,;oj tion Act, or any statutory modification or re-enactment thertof for the xime king in forcc :

    Provided that if the amounts and times of delivery of bauxite required

  • During war no bauxito to b. suppw -1 gcmitorim to nny

    I a w and ~~.

    by the M d e n t are in oxcess of the total capacity of the Lessec's plant the arbitrators shall so 6x the price as to cornpensate the Lessee for any loss auffcrcd by the bxxo by W~ng mquirod to incrsam the capaçity of ttieir plant. But no aflowance for iacrease of plant shall ba made if the joint demand from the said land t a f d to in this Leaoo and any othm lands to be leaaed under any ExcIusive Permission or Parmissions that may be gmntd the Irrpae d m nnt tngethar e r d In.fWI tnnu a yenr Pnr the purposes of tbis Clause plaat includes equiprnent and the necmary facilities.

    (2) To assist in arriving at the oommercial value aforasaid the Lcssee furnish for the codidential information of the haident and arbitrators if so r e q W parti- of the quantities descriptions and prices of such Bauxite or 0th products thmf if any sold to othat customers and of charters e n t d h t o f o ~ freight and $haIl exhibit to the Pmidmt wigind w authenfiated copies oi contracts or charter-parties cntared into for ale or tieighîago of such baurute or othm products thereuf if any.

    (3) In time of war OF national emergenoy of the existem of which the Rasident shii ba the sole judge the bssœ shall not without the pz- mission in writing of the Presldent or Us r a v t a r l v e &sr had ana obtairibd suppIy athcr b t l y or indiraçtly any bauxita fiom the d d land or th d t i n g products tberaof if any whothm the samo shall for the time baing be in Gu- or c l~~whmo to any dien. The Presidunt Ml be at tibmty if ka thinko fit to prohibit absolutcly or subject to such conditions and teslrictioar as be may thhk fit the removal from Guyana of any bauxite or the prodiiets tbereof.

    (4) For çho purpose of this Chut, rhe Prasiht may appoint as hi3 represmtative any pGlson nr corporation or officur undm the nama of his w h a h in Guyana or alsewhare and aithor gcnerally or for a particular purpose.

    16. (1) If at any time afm the expiration of two years from the date beriaof the averagt annual amount of bawita utVacted by the Lesse8 under thme mts didl no1 axcaed in the whole tons per mum during th0 thPa naxt five ywua and tons per m u m in the Wghth and wmy subsaiqwt year of the said tmn on the average of u u y fi.= ui-utin p m m of th- d d tomi or in tho orcnt of ony of th* provisions beFBof not bcing complied with witbin t h calendar mosths dm tiw Commissioiier $hail h m givan t h h s e e writton notiœ of &fault h cornpliance tbmwitb or if any of ths other terms and çondi- tions W n mntainad and on tha of îhe Cessee to be performd or obcwvd am no? cornplial with or if the mt .ad royalty payable h m undar or either of them or any part îkcof respctiwly shall at any tirno ba in amar and unpaid for six cal& months after the same shall be payable whethcr the sama ~ i d l hava h a kgalty dernadcd or not then and m any nich msc it MI lm iawPU1 for rhe fassor tn hi8 absoluw auid uncontrollcd dimtion although ho may not httve taktn advmtap of m m prwious dafadt of a l i b nature by writing under his burnd to

  • Mining Cap. 6531 133 Bmxiiu M m Reg&W -1

    dotennine tbis Leaae and al1 the iibeties, powms and pnvileges h b y granted and (if and so fat as It may be necessttry to fecow posatsgian of the said demised premises or any part thereof) to reenter on the d d lands and to take possession of the same and al1 buildings erections machinery plant and mattrials thorçon without paying any cmpcnaotion for buildings or maciünmy or structures mected by or phnt or materjais of the Lssee ,on the said lands without prejudice to any nght of action or rem* which shail have accrueci to the President in respect of aay anteoedent breach hy the I~sriue nf any nf the covenants conditions or provisions herein containai, but the Lessm shall be entitied subject to the payment of al1 sums due at the time tb the State thereafter to remove all erectîoas plant material and tbings b d o w to the Les- oa the ssid lands. A Certifimte under the band of the Minister t b t the Lasso; bas determinecl th Least shaU be aweptod ia aH Co- ofLaw as sW-mt &dence ut' .the fact without vdcation of the signature of the Minisia.

    (2) Without prejudicc to any obligation or liability i m p o d by or incurred iindu the k m s and wnditiona of this h. the orovisions of the preceding subclau*~ relating to the power of the k.see (O d e m i n e this Lmse for failure by the Lessee to extract the requisite average annual amouat of bauxite witàin th8 periods statad shall be inopmtiva from and a h l a dam on which tbe bisee ahdi to the satisfaction of tbo Corn- mssioner ot i i t ~ ~ o g ~ c a ~ surveyi ana Mines meci or cause ro - crwm in Guyana a plant or plants with a capacity for washing and drying an aggregate of at least fiftm thousand gros tons of bauxite ore per annum.

    19. At tbe expiration or sooncr determination of the said tarm the h~+tc tO Lessee will quietly yield and deliver up the ssMd demi& premim toether M v e r up with al1 additiom and improvementa on the said lands: iands a! detmwatioa

    Provided howwer that the Lessee may at any time witbin nveIve of-efh alandar mnnths aftar the cietennination of the said temi -ove any ztgm buildings maohinsfy or structures emted by the Los= on the said lands -. but sa that such buildings w rnacbinery or stnrcturas aected on the said lands shall not bu rernoved so long m the bssw is indebtd to the State for mt or royalty.

    2û. It sRall be lawful for any o k authe* in thai behalf by th8 p m to Ministor or th Commirsioner to enter upon tho said hnd at swh timcs as rsrh may bk seasonable to inspect the boundary lines bauds tabus and pwtts m. p b d rhorcun.

    21. Tha h s e e pying the mt and other sums of money hmby mmwd -vision for and p e r î d n g 41 tbo covcnanta and maditiom to be by the h sultrcsioy- abscrvd and hl6IW hersnndst ~hdI and may paccab1y vd qdetiy z! p o s m and eqioy the premises hereby de&sed wjthout any m t d m m by the k r or any parson claiming to be lawfuliy acting undm him.

    22. The Lassor ~ i i I at tha muest of the Iiosm do and amattô di eucb F- acts daads and things for furthcr and more peff~~tly assuring the mid ~~.

    t.. R 0. 111973

  • 1.34 Cap. 6591 Mining

    prcmises nghts and privileges unto the Lessee in rnanner afomaid as may be rcmnably requtsteâ

    Rsoeipt of 23. The roctipt of any rtnt or other momys by or on the part of the. -1 sot 10 Commisfioner or Accountant Generat or the Lessor shall not be constnicd Fzz as a waiver of any antedont or then subsisting breach of any of the+

    covtnatxts or agreements on the part of the Les= htmiri contai& or iniplicd or uf PUY ri&- QI icmdies of thc h s s o r by rirtuo of or in G o t a n s - tion with any such breach.

    24. Any notice or directiom bo givon undcr these prcsents or rclating 10 ïm sala ma rnay in m a o n ro any omer mernoa tor me Orne ming authorised For wrving the same be given to the Liessee by laaving the same. at the WS Registered mce for the time being in Guyana or by leaving the same with th& Local Manager or Local Repiwontative for the tims being and any notice so left l a I l bt deemed to have been dven at the tim it was so 1&.

    M*r noi 25. Norhing h e i n contained shall imposa any personal liabiiity oa th, Lcsaor or on sny p w n pcwons or corporation mting undar the

    dy liPbk' authority of tho Statc.

    Bauxiie. 26. For the purposes of this Lesse the expression Bauxite s b l l inclub wII thc min& so f u ~ n a d o v q 0 t h ~ minoml of likm iiaiuro wliii;h iu

    tba opinion of the Commissionor is of equal merchantable value or quality and rafamms to the mining of Bauxite shall be construed so as iw include svery method by wwbich tha samo shall in fact be won from the &d land

    ~ f i i ~ ~ , ~ 27. Excapt as provided in Chus 17 hereof every dispute diffwonee or qwtion which ghall at any time &se between the said parties hereto or. thcir S~~GMOEI or d g n s or m y of fhem touching tho o o ~ o n maruiing or e f f d of these p-ts or any clrusa &min containad or the. &hts or liabilities of the said parties taspeotively un&r these prescrits or othmwisa bowoever in dation to the pmmises M l lie r e f d to the rrbitration of twa panwns (one to b~ appointcd by aach -y to the derem) or their umpire and this shall k deemed to be r submission to arbitmtion within the meanhg of tha Arbitration Act (Chapter 7:03 of' îhc Law of Guyana) or any statutory m ~ c a t i o n or r+ewWtient tberooi for the tirno being in force the provisions wh8mf shdl apply. as fat as applicabla and such hrblttarian shoill be hala and conducteci in GUya~a~ocddiqIy.

    Marginal 28. In thegG pments the marginal mts are intended for coawniençc. ~ o m . of derence oniy md not be taken lnto wnsidoariun iu wwrtainiug.

    the caasuudon of thwa prame or any clause or provieion thsreof.

  • IN W I ~ whereof the parties hereto have signed thma presents at the City of Georgetown on the . . . . . . . . . . . . . . . day of ............................ in the y a r 19 ..... , and at .............................................................. aforoaaid von t h ....................... .day of ................................ in the yeac 19 ....., jn the prmmce of the undertnentioned witnesses.

    L.S. Presideni ..............................................................

    Lesse Witnesscrs to the signaturc of the Lessee this ....................................... day of ...................................... . 1 9 ....... R~corded Ihia ............................................... day of: ............................................. 19. .....

    Commhsioner of Geologicai Surwys and Mines

    SECOND SCHEDULE T A B L ~ OF FBES

    S c. For Blin& lin applimtion for rin Ewclusive Parrnission'or a Lcase 10 00 For 6üng any notice of intended transfer of an Exclusive Per-

    mission or a Lase . . . . . . . . . . . . . . . . 4 0 0 For a mtiW copy of an Exclusive Permission or s hm-per

    Page... 50 For a certifiadbPY of a d&am'&ch~ to an'~xcIGive

    misaion or Lease . . . . . . . . . . . . . . . . . . . . . 2 00 For a compass swey of the budaries of any area for which an

    Exclusive Permission is applied (exclusive of the cost of cutting b0unaaI-y Ih)-

    For the fint 500 acres ... . . . . . . . . . . . . M 00 For every additional acre up to 5,000 - . . . . . . 02 For every additional acre over 5,000 olrres . . . . . . . . . O1

    Por a precise survey of the boundaries of any area applid for undm a Luase (including the cost of outtirtg boundary linas)-

    For the first 50 acres or part thmeof . . . . . . . . 3000 For every additional acre over 50 and up to 500 acres . . . . . . 30 For evwy additional acre over 500 acres up to 1,ûûû a m ... 20

    . . . . . . For every additional a m ovar 1,000 acres 10 Pcovided that where the aetual cost of surveying any tmt above 1,000

    -acres excecxia the amount depositeû, the applicant h l ! pay the mwss cost aftcr mirvey, and similarly, where the achral cost is Iess than the amount -dopositd, the applicant &al1 tiv antitid to a rdund of thp dilkrwico. The "actual cost of sufvef' shll include the surveyor's salary and a l I o ~ c e s .

    regs. 3, II , 19 and 23.

  • LAM'S OF GUYANA

    136 Cap. @a01 M W I-J &wdt~e Ab~him Rc~uImiow

    r*O. 1A THllRD SCHEDULE

    NOTICE OF lNTlBNDED TRANSFER OF PBRMLSSION DR LEASE Guyana.

    in ......................................................... *

    right, title, and intbiest in and to the following Parmiasio tok tmnsftrrsd

    (SIgned) ................ ..u..w.c...--...-......--.-- ï imferor

    Acapted by me to be hcld subject 10 said Regutatiohs. (Signe4 ........................................................

    Trmtsferee Registered Address

    FOURTH SCHEDULE

    CERTIFICATE OF TRANSFER OF PERMISSION OR LEASE BY SALB AT RXBCUTlON

    G u y ~ . The Bauxite Mining Regulations

    T, the undersigned. Commisdonar of GeoIogical Surveys and Mines, & hcreby =tiS, that the transfcr by d e at -ution of rights under Pemljssion No ............................ dated .......-......... ......................................... .... ..... has k e n duly rwaded by me in th kegister of Concessions, Leasas and L i ~ m in my Qfaa and tlial ................... .. .... .......... ......................... thc purchtuw at execution saie is now the holder of such rights by t w f e r of such Con- m i o n , Lease or Licence.

    ......................................... D&d at Georgetown, this day of ..................... ... ..........