Compensation for disturbance to rights, etc

(1) Subject to the provisions of this Act, where, in the course of reconnaissance, prospecting or mining operations, the rights of the owner/lawful occupier of any land are disturbed or damage to any crops, trees, buildings, stock or works thereon is caused– (a) the holder of the authority, by virtue of which the operations are carried on; or (b) if the operations are carried on by or on behalf of a person who is not the holder of an authority otherwise than in accordance with an authority, every person by or on whose behalf the operations are carried on, is liable to pay the owner or lawful occupier fair and reasonable compensation in respect of the disturbance or damage according to the respective rights or interests of the owner or lawful occupier concerned. (2) The amount of compensation payable for surface rights shall be– (a) where the owner or lawful occupier is also the licensee or permit holder, fair and reasonable compensation less one half per cent reduced royalty; and (b) where the owner or lawful occupier is not the licensee or permit holder, fair and reasonable compensation shall be charged in addition to ten per cent of the annual acreage rental. 93