Malaysia legislation
Section 2
Section 2
(1)
In this Enactment, unless the context otherwise requires –
"alienated land" means any land (including any parcel of a sub-divided building) in respect of which a registered title for the time being subsists, and whether granted under the Land Ordinance [Cap. 68.] or under any previous land law, but does not include mining land;
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"authorised officer" means the Director, the Superintendent of Mines, the
Collector and any other officer duly authorised in writing by the Minister;
"boundary survey" means a land survey under section 19 of the Land
Ordinance [Cap. 68.];
"Chairman" means the Chairman of the Committee appointed under section 4;
"Collector" means any Collector of Land Revenue or Assistant Collector duly appointed under the Land Ordinance [Cap. 68.]; and in relation to this
Enactment, references to the Collector shall be construed as references to the Collector or any Assistant Collector having jurisdiction in the district or sub-district in which the mineral titles apply;
"Committee" means the State Mineral Resources Committee established under section 4;
"constitution", in relation to a company, means the memorandum and articles of association of the company;
"conveyance" includes a ship, train, vehicle, aircraft and any other means of transport by which persons or goods can be carried;
"development work" means any work carried out in relation to the physical construction of a mine;
"Director" means the Director of Lands and Surveys appointed under section 47 of the Land Ordinance [Cap. 68.] and includes a Deputy Director of Lands and Surveys appointed thereunder;
"Director of Forestry" means the Director of Forestry appointed under section 3 of the Forest Enactment 1968 [En. No. 2 of 1968.];
"dulang licence" means a dulang licence issued under section 28:
"Enactment" includes all subsidiary legislation made thereunder;
"environmental impact assessment" means a report made in accordance with guidelines published by the Director General of Environmental Quality appointed under section 3 of the Environmental Quality Act 1974 [Act 127.],
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or by the State Director of Conservation of Environment under any State law, as the case may be, containing an assessment of the impact a mining operation will have or is likely to have on the environment and proposed measures that shall be undertaken to prevent, reduce or control the impact on the environment;
"exploration area" means any land in respect of which an exploration licence is for the time being in force;
"exploration licence" means an exploration licence issued under section 41;
"explore" means to search for mineral deposits and includes prospecting;
"fossick" means to search for and to extract minerals by using simple implements and to remove the minerals as samples, specimens or lapidary work without any intention to sell the minerals;
"fossicking licence" means a fossicking licence issued under section 21;
"individual mining licence" means an individual mining licence issued under section 35;
"large scale operation" means a mining operation within a mining lease area –
(a)
which exceeds any of the following production limits:
(i)
in the case of extraction of minerals from primarily alluvial deposits, annual throughput of 3.5 million cubic metres per year;
(ii)
in the case of underground mining operations, annual combined run-of-mine ore, waste and overburden production of 100,000
tonnes per year (waste material not exiting mine mouth to be excluded); or
(iii)
in the case of open-cast mining operations extracting minerals from primarily non-alluvial deposits, annual combined run-of-mine ore, waste and overburden production of 300,000 tonnes per year;
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(b)
with a capital and infrastructure investment exceeding one hundred and fifty million ringgit;
(c)
with more than 250 employees or workers at the mine site on a typical day
(including all shifts); or
(d)
which uses any of the following mining practices:
(i)
extensive and continued use of explosives;
(ii)
continuous flotation circuits; or
(iii)
extensive and continued use of toxic chemicals or agents;
"member" means a member of the Committee;
"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;
"mine rehabilitation plan" means a rehabilitation plan approved under section 126;
"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 and
"petroleum" as defined in the Petroleum Mining Act 1966 [Act 95.];
"mineral ore" means any mineral of economic interest from which one or more valuable constituents may profitably be recovered by treatment;
"mineral tenement" means a fossicking licence, dulang licence, individual mining licence, prospecting licence, exploration licence, mining lease, proprietary mining
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licence, or any of them for the purpose of exploration or mining of minerals or mineral ores, as the case may be;
"mining land" means any land in respect of which a mining lease or proprietary mining licence is for the time being in force;
"mining lease" means a mining lease granted under section 63 and a mining lease granted or issued under any previous written law relating to mining;
"mining operation" means the aggregate of all mines, including waste and tailing dumps, operating or planned in relation to mining land;
"Minister" means the Minister for the time being charged with the responsibility for mining and minerals;
"natural person" shall not include a minor;
"notice" includes any notification, assessment, instrument or other document authorised or required by this Enactment to be served on any person or body;
"occupied land" means any State land lawfully occupied, or vested in any person, under any written law;
"owner", in relation to any land, means –
(a)
the registered proprietor of the land;
(b)
any person or body having a registered interest affecting the land
(including a charge of any lease or sub-lease thereof);
(c)
any person or body having a lien over the land, or over any lease or sub-lease thereof;
(d)
any person or body having a claim under a tenancy exempt from registration which has become protected by an endorsement on the register document of title to the land;
(e)
any person or body having a claim protected by caveat affecting the land or any interest therein; and
(f)
any person having lawful occupation or control of the land or in whom the land is vested;
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"police officer" has the meaning assigned to it in the Police Act 1967 [Act 344.];
"prescribed" means prescribed by regulations;
"proprietary mining licence" means a proprietary mining licence issued under section 81;
"prospecting area" means any land in respect of which a prospecting licence is for the time being in force;
"prospecting licence" means a prospecting licence issued under section 41 and includes a prospecting licence with hardrock extension, as the context may require;
"Registrar" means a Registrar of Titles appointed under section 47 of the Land
Ordinance [Cap. 68.] and includes a Deputy Registrar of Titles;
"reserved forest area" means a Forest Reserve declared under the Forest
Enactment 1968 or constituted under any written law;
"reserved land" means –
(a)
Forest Reserve declared under the Forest Enactment 1968 [En. No. 2 of 1968.] or constituted under any written law;
(b)
Parks constituted under the Parks Enactment 1984 [En. No. 6 of 1984.];
(c)
reserves for public or residential purpose declared under section 28 of the
Land Ordinance [Cap. 68.]; or
(d)
Native Reserves declared under section 78 of the Land Ordinance [Cap.