Mineral Development Act 1994 · Updated to 1 Jan 2013 · Part III · Regulation of Exploration and Mining
20. Mine abandonment
Official textFrom Laws of Malaysia Online, unchanged
Before any mining operations is abandoned or discontinued, a written notice shall be given three months before such intended abandonment or discontinuance by the holder of a proprietary mining licence or mining lease or manager to the Assistant Director and to the Director General of Geological Survey.
notice
“notice” includes any notification, assessment, instrument or other document authorized or required by this Act to be served on any person or body;
Where any mine is to be abandoned, the holder of the proprietary mining licence or mining lease or manager shall cause to be made an accurate plan, to the satisfaction of the Director, showing the workings of such mine up to the time of abandonment and copies of such plan shall be submitted to the Director and the Director
mine
“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;
General of Geological Survey within one month after the abandonment.
Where a mine or part of a mine is to be abandoned, the holder of a proprietary mining licence or mining lease or manager shall securely fence or cover every mine shaft or adit and the holder of such licence or lease and the manager shall continue to be personally
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;
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mineral
“mineral” means any substance whether in solid, liquid or gaseous form occurring— (a) naturally; (b) as a result of mining in or on the earth; or (c) as a result of mining in or under the sea or sea-bed, formed by or subject to a geological process, but excludes water, “rock material” as defined in the National Land Code and “petroleum” as defined in the Petroleum Mining Act 1966;
responsible for the due compliance of this provision until the Director has confirmed in writing that the work has been properly executed, notwithstanding that the mine or part of the mine has been abandoned.
Director
“Director” means a Director of Mines appointed under section 4 and includes any Deputy Director of Mines;
Abandoned mines and waste retention areas shall be made safe in such manner as may be prescribed.
waste
“waste” includes any discarded overburden material, tailing, any intermediate product from mining or mineral processing stockpiled for further operations, water treated or stored in mining or mineral processing, and any chemical substance temporarily or permanently withdrawn from such operations;
Terms defined in s 3
Assistant Director
Defined · s 3“Assistant Director” means an Assistant Director of Mines appointed under section 4;
Director
Defined · s 3“Director” means a Director of Mines appointed under section 4 and includes any Deputy Director of Mines;
Director General of Geological Survey
Defined · s 3“Director General of Geological Survey” means the Director General of Geological Survey appointed under the Geological Survey Act 1974;
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
Defined · s 3“mineral” means any substance whether in solid, liquid or gaseous form occurring— (a) naturally; (b) as a result of mining in or on the earth; or (c) as a result of mining in or under the sea or sea-bed, formed by or subject to a geological process, but excludes water, “rock material” as defined in the National Land Code and “petroleum” as defined in the Petroleum Mining Act 1966;
mining lease
Defined · s 3“mining lease” means a mining lease for the time being in force granted under any written law regulating mining;
notice
Defined · s 3“notice” includes any notification, assessment, instrument or other document authorized or required by this Act to be served on any person or body;
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;
waste
Defined · s 3“waste” includes any discarded overburden material, tailing, any intermediate product from mining or mineral processing stockpiled for further operations, water treated or stored in mining or mineral processing, and any chemical substance temporarily or permanently withdrawn from such operations;
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