Repeals

The Minerals Act, is hereby repealed and any subsidiary legislation made under the Act so repealed is hereby revoked, Ch. 125, R. L 1958. 108 Provided that notwithstanding such repeal and revocation any such subsidiary legislation may be continued to such extent as may be prescribed. 109 SCHEDULE I MINES AND MINERALS ACT Records and Reports [Sections 64 (1), 119 (2) (o) and (p))] 1.-(1) Subject to sub-paragraph (4), the holder of a reconnaissance licenceDuties of holder of reconnaissance licence. (a) shall furnish such information in connection with the programme of reconnaissance operations as the Minister may, from time to time, require; and (b) shall, at half-yearly intervals commencing six months after the grant of the licence, submit to the Minister reports on the progress of the programme of reconnaissance operations. (2) Where a reconnaissance licence is determined or cancelled or expires, the person who was the holder of the licence immediately before the determination, cancellation or expiration shall, not later than three months thereafter, submit to the Minister a report setting forth his evaluation of the mineral prospects of the former reconnaissance area. (3) A report submitted pursuant to sub-paragraph (2) shall be accompanied by the negatives of all aerial photographs taken in the course of carrying on the programme of reconnaissance operations, together with– (a) all geological, geochemical and geophysical maps, profiles, tapes, diagrams and charts made; 110 Mines and Minerals (b) copies of all tests and analysis made by or for that holder; (c) copies of all reports made by or for that holder, including interpretations concerning the mineral prospects in the reconnaissance area; and (d) a statement of the costs incurred by that holder in the performance of the programme of reconnaissance operations. Duties of holder of exclusive prospecting licence. 2.-(1) Subject to sub-paragraph (2), the holder of an exclusive prospecting licence– (a) shall keep, at the address referred to in section 64 (2)(a), full and accurate records of his prospecting operations which shall show, (i) boreholes drilled; (ii) strata penetrated, with detailed logs of the strata; (iii) minerals discovered; (iv) the results of any seismic survey or geochemical or geophysical analysis; (v) the results of any analysis or identification of minerals removed under section 109; (vi) the geological interpretation of the records maintained under sub- paragraph (i) to (v) inclusive; (vii) duplicates of all samples; Mines and Minerals 111 (viii) the number of persons employed; (ix) other work done in connection with the exclusive prospecting licence; (x) costs incurred; and (xi) such other matters as may be prescribed; and (c) shall submit, at least once in every three months of the term of the licence, copies of those records to the Minister, together with any reports prepared as a result of those records. (2) The Minister may, on application made to him by the holder of an exclusive prospecting licence, dispense with or modify all or any of the requirements of sub-paragraph (1). 3.-(1) Subject to sub-paragraph (2), the holder of a mining licence shallDuties of holder of mining licence. (a) keep, at the address referred to in section 64 (2) (a), full and accurate technical records of his mining operations in the mining area, in such form as the Minister may approve; (b) keep at that address copies of all maps, geological reports, including interpretations, mineral analyses, aerial photographs, core logs, analyses and tests, and all other data, obtained and compiled by the holder in respect of the mining area; (c) keep at that address accurate and systematic financial records of his operations in the mining area and such other books of accounts and financial records as the Minister may 112 Mines and Minerals require; and if the holder is engaged in any other activity not connected with his mining operations he shall maintain separate books of account in respect of his mining operations; (d) submit to the Minister such reports, records and other information as the Minister may, from time to time, require concerning the conduct of operations in the mining area; and (e) furnish the Minister with a copy of every annual financial report within three months of the end of each financial year showing the profit or loss for the year and the state of financial affairs of the holder at the end of each financial year. (2) The Minister may, on application made to him by the holder of a mining licence, dispense with or modify all or any of the requirements of sub-paragraph (1). Duty on termination of mineral right, etc. 4. Where– (a) a mineral right terminates pursuant to section 54 (1) (b) or 55; or (b) the term of an exclusive prospecting licence or mining licence expires, the person who was the holder of the mineral right immediately before the termination or expiration shall deliver to the Minister– (i) all records which the former holder maintained pursuant to this Act with respect to the mineral right; (ii) all plans or maps of the area of land that was subject to the mineral right Mines and Minerals 113 and which were prepared by or on the instructions of the former holder; (iii) such other documents as the Minister may, by notice given to the former holder, require him to so deliver; and (iv) all samples derived from the area. 114 Mines and Minerals SCHEDULE II MINES AND MINERALS ACT Transitional Provisions and Savings [Section 120] 1. In this ScheduleDefinitions. “the commencement” means the date on which this Act comes into operation; and Ch. 125 R. L. 1958. “the repealed Act” means the Minerals Act, repealed by section 121. General savings. 2. Except insofar as the context or subject matter otherwise indicates or requires, nothing in this Schedule affects– (a) anything duly done or commenced to be done under the repealed Act; (b) any liability incurred under the repealed Act; (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any provision of the repealed Act; or (d) any investigation, inquiry, legal proceedings or remedy in respect of any such liability, penalty, forfeiture or punishment, and any such investigation may be continued or enforced, and any such penalty, forfeiture or punishment may be imposed and enforced, as if this Act had not been enacted. Mines and Minerals 115 3. A prospecting right issued under section 9 of the repealed Act that is in force immediately before the commencement is deemed to be a non- exclusive prospecting licence issued on the same conditions under this Act on the commencementProspecting rights (a) for the unexpired term (as at the commencement) of the prospecting right issued under section 9 of the repealed Act; and (b) authorising the holder of the right so issued to prospect in all areas covered by the right for any mineral for which he is authorised by virtue of the right so issued to prospect, and the provisions of this Act apply accordingly. Exclusive prospecting licence. 4.-(1) An exclusive prospecting licence granted under section 11 of the repealed Act that is in force immediately before the commencement is deemed to be an exclusive prospecting licence granted on the same conditions under this Act on the commencement– (a) for the unexpired term (as at the commencement) of the licence granted under section 11 of the repealed Act; and (b) authorising the holder of the licence so granted to prospect in the area of land identified in the licence for any mineral identified in the licence, and the provisions of this Act apply accordingly. (2) The Inspector shall cause the name of the person who, immediately before the commencement, was the holder of an exclusive prospecting licence granted under section 11 of the repealed Act to be recorded pursuant to section 56 as the registered holder of the exclusive prospecting licence. 116 Mines and Minerals 5.-(1) A mining lease granted under section 26 of the repealed Act that is in force immediately before the commencement is deemed to be a mining licence granted on the same conditions under this Act on the commencementMining leases. (a) for the unexpired term, as at the commencement, of the lease granted under section 26 of the repealed Act; and (b) over the area of land subject to the lease so granted in respect of the minerals to which that lease relates, and the provisions of this Act apply accordingly. (2) The Inspector shall cause the name of the person, who, immediately before the commencement, was the holder of a mining lease granted under section 26 of the repealed Act, to be recorded pursuant to section 56 as the registered holder of the mining licence. General provision. 6. For the avoidance of doubt, it is hereby declared that any prospecting right, exclusive prospecting licence, mining lease or permit to which this Schedule applies is subject to the provisions of this Act which apply to the corresponding instrument under this Act including, in particular, the provisions of this Act relating to cancellation. 7. The Minister may, by rules under this paragraph, make whatever provisions seem to him to be necessary or desirable for a smooth transition from arrangements under the repealed Act to the arrangements under this Act.