Covenants and conditions of lease
82 Covenants and conditions of lease
Every mining lease shall contain and be subject to the prescribed covenants by the lessee and in particular is taken to be granted subject to the conditions that the lessee shall —
pay the rents and royalties due under the lease at the prescribed time and in the prescribed manner;
use the land in respect of which the lease is granted only for mining purposes in accordance with this Act;
arrange and pay for a survey of such land within the prescribed time and in the prescribed manner;
where the lease is surrendered in part, arrange and pay for a re‑survey of such land within the prescribed time and in the prescribed manner;
comply with the prescribed expenditure conditions applicable to such land unless partial or total exemption therefrom is granted in such manner as is prescribed;
[(ca) deleted]
not transfer or mortgage a legal interest in such land or any part thereof without the prior written consent of the Minister, or of an officer of the Department acting with the authority of the Minister;
lodge, in the prescribed manner, such periodical reports and returns as may be prescribed;
furnish to the Minister such geological samples obtained in the course of operations conducted by the lessee under the lease as the Minister may request;
promptly report in writing to the Minister details of all minerals of economic significance discovered in, on or under the land the subject of the mining lease;
[(ga) deleted]
be liable to have the lease forfeited if —
the lessee contravenes any of the covenants or conditions to which the lease is subject; or
the lessee fails to comply with any requirement under section 103AV(1) or 115B(2) in relation to the lease; or
a report required under paragraph (e) or section 115A(2) in relation to the land the subject of the lease is not filed in accordance with this Act.
[(1a), (1b) deleted]
Every mining lease shall contain a provision that after receiving the warden’s recommendation for forfeiture of a lease for breach of any covenant or condition of the lease by the lessee, the Minister may, as he thinks fit, impose a penalty not exceeding $50 000 as an alternative to the forfeiture of the lease.
Where any penalty imposed as an alternative to forfeiture of the lease pursuant to subsection (2) is not paid within the time specified by the Minister, or within 30 days of written notice of the penalty being given by the Minister to the lessee if no other time is specified by the Minister, the lease shall thereupon be forfeited.
[Section 82 amended: No. 100 of 1985 s. 56; No. 22 of 1990 s. 38; No. 37 of 1993 s. 28(1); No. 58 of 1994 s. 30; No. 54 of 1996 s. 12; No. 17 of 1999 s. 15(2); No. 15 of 2002 s. 28; No. 39 of 2004 s. 32(1), (2), 38, 45 and 97(3); No. 12 of 2010 s. 9 and 33; No. 51 of 2012 s. 24; No. 31 of 2022 s. 27.]
[82A. Deleted: No. 31 of 2022 s. 28.]
This provision refers to the regulations (prescribed manner
). Made under this Act:
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