Compensation to be agreed upon or determined before mining operation commences
35 Compensation to be agreed upon or determined before mining operation commences
The holder of a mining tenement shall not commence any mining on the natural surface or within a depth of 30 m from the lowest part of the natural surface of any private land unless and until he has paid or tendered to the owner and the occupier thereof the amount of compensation, if any, that he is required to pay under and as ascertained in accordance with this Act, or he has made an agreement with the owner and occupier as to the amount, times and mode of the compensation, if any.
Where any person to whom compensation is payable under this Act cannot be found or is dead or is otherwise incapacitated at law, any payment of compensation may be made to the Minister in trust for that person or his personal representative as the case requires.
[Section 35 amended: No. 69 of 1981 s. 13; No. 100 of 1985 s. 25.]
[36. Deleted: No. 69 of 1981 s. 14.]
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