Any person may appeal from the decision of the Government Inspector of Mines to the Governor, after first notifying the Government Inspector of Mines of his intention to do so, and stating the grounds of his dissatisfaction. The Government Inspector of Mines shall at once report the matter to the Governor, who may either decide the matter himself, in which case his decision shall be final, or refer it to a court, which, upon such reference, shall decide the matter in dispute as though it came before it in the ordinary course of law.
Interference with railways, public lands, &c., forbidden.
28. No person entitled or claiming to be entitled to any rights under a prospecting right or an exclusive licence to prospect or under a mining lease shall, in the exercise of any such rights, without the consent in writing of the Governor, disturb or interfere with any railway, tramway, public road or building, burial ground or land appropriated by law to any public purpose, and any person guilty of any such disturbance or interference shall be liable on conviction before a court to a penalty not exceeding £100, and in addition may be ordered by the court to pay the costs of making good any damage caused by him.
Forfeiture for breach of regulations, &c.
29. If there shall be a breach on the part of the lessee of a mining lease of any condition or provision of this Proclamation or of any regulation made thereunder, or of any of the terms of his lease, and if the lessee shall not make good such breach within three months from receiving notice in writing from the Governor so to do, or if the lessee shall wholly discontinue operations under the lease during a continuous period of six months without the consent in writing of the Governor, then the lease may be determined by the Governor without prejudice to any claim against the lessee which shall already have accrued. The decision of the Governor determining the lease shall be sufficiently notified to the lessee by its publication in the Gazette, and shall operate to vest in the Government all the plant, buildings, and other property of the lessee in connection with the land leased without any payment or compensation to the lessee in respect thereof.
Fraudulent deposit of metal, and fraudulent sampling.
30. Any person who shall place or deposit, or be accessory to the placing or depositing of, any metal, ore, or mineral in any spot or place for the purpose of misleading any person as to the nature, quality, or quantity of the mineral naturally occurring at such spot or place, or who shall mingle or cause to be mingled with any sample of metal, mineral, or ore, any valuable metal or any substance whatsoever which will increase the value or in any way change the nature of the said metal, mineral, or ore, with intention to defraud any person, shall be guilty of felony, and shall be liable, on conviction, to a penalty not exceeding £500 or to imprisonment for a term not exceeding five years.
Accurate accounts and plans to be kept.
31. There shall be kept at the principal office within the Protectorate of the lessee of a mining lease or his attorney (1) accurate and regular accounts containing full entries of all minerals raised or got under such lease, together with all such particulars as may be necessary to form an estimate of the quantity and value of such minerals; and (2) correct plans and sections of all mines worked under the rights conferred by his said lease, and of all the workings thereof, and of all veins or lodes which shall have been discovered therein, upon which the extent, position, and actual condition of the works shall at least once in every half year be accurately delineated. The scale of plans and sections shall be, for underground plans 1 in 500 and for surface plans 1 in 5000.