Mineral Development Act 1994 · Updated to 1 Jan 2013 · Part III · Regulation of Exploration and Mining
10. Submission of operational mining scheme
Official textFrom Laws of Malaysia Online, unchanged
The holder of a proprietary mining licence or mining lease shall be required to submit for approval by the Director an operational mining scheme for development work and mining on the land which is the subject of such mineral tenement before the commencement of any development work or mining within the mineral tenement area.
proprietary mining licence
“proprietary mining licence” means a proprietary mining licence for the time being in force issued under any written law relating to mining;
The operational mining scheme shall include—
operational mining scheme
“operational mining scheme” means an operational mining scheme approved under section 10;
the expected date of commencement of production;
a schedule of estimated annual raw ore production for the term of the mineral tenement;
plans of the workings of the mine; and
such information as may be prescribed or required in writing by the Director.
The holder of a proprietary mining licence or mining lease may submit a modification to the approved operational mining scheme for approval by the Director and shall not commence any development work or mining which does not comply with the approved operational mining scheme until the modified operational mining scheme has been approved by the Director.
mining lease
“mining lease” means a mining lease for the time being in force granted under any written law regulating mining;
The Director shall —
Director
“Director” means a Director of Mines appointed under section 4 and includes any Deputy Director of Mines;
approve the operational mining scheme or modification thereof if execution of the scheme—
will provide a reasonably safe work place; and
will not endanger adjoining communities; and
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notify the holder of the proprietary mining licence or mining lease in writing of his decision.
Where the Director rejects the operational mining scheme or modification thereof, he shall notify the holder of the proprietary mining licence or mining lease in writing of his decision.
The holder of a proprietary mining licence or mining lease may submit such number of operational mining schemes or modifications thereof as may be necessary in order to obtain the approval of the
Director.
The holder of a proprietary mining licence or mining lease who is aggrieved by the decision of the Director under this section may, within thirty days from the date he is notified of such decision, appeal in writing to the Director General whose decision shall be final.
Director General
“Director General” means the Director General of Mines appointed under section 4 and includes any Deputy Director General of Mines;
Terms defined in s 3
development work
Defined · s 3“development work” means any work carried out in relation to the physical construction of a mine;
Director
Defined · s 3“Director” means a Director of Mines appointed under section 4 and includes any Deputy Director of Mines;
Director General
Defined · s 3“Director General” means the Director General of Mines appointed under section 4 and includes any Deputy Director General of Mines;
mine
Defined · s 3“mine”, when used as a noun, means any place, excavation or working wherein, whereon or whereby any operation connected with mining is carried on together with all buildings, premises, erections, water reservoirs, tailing ponds, waste, other dumps and appliances belonging or appertaining thereto above or below the ground or in or below the sea for the purpose of winning, obtaining or extracting any mineral by any mode or method or for the purpose of dressing, treating or preparing mineral ores;
mineral tenement
Defined · s 3“mineral tenement” means a fossicking licence, dulang licence, individual mining licence, prospecting licence, exploration licence, proprietary mining licence, mining lease, or any of them for the purpose of exploration or mining of minerals or mineral ores, as the case may be, issued under any Federal or State law regulating mineral tenements;
mining lease
Defined · s 3“mining lease” means a mining lease for the time being in force granted under any written law regulating mining;
operational mining scheme
Defined · s 3“operational mining scheme” means an operational mining scheme approved under section 10;
proprietary mining licence
Defined · s 3“proprietary mining licence” means a proprietary mining licence for the time being in force issued under any written law relating to mining;
Part IV
Accident and Inquiry
Part V
Enforcement, Investigation, Evidence, Offences and Penalties
Chapter 1
Enforcement and Investigation
Chapter 2
Evidence
Chapter 3
Offences and Penalties
Chapter 4
General
Part VI
Miscellaneous
Part VII