Section 77 — Mineral Enactment 1999

(1)

If the Minister is satisfied, after consultation with the Committee, that there are grounds on which his power to forfeit the mining land is exercisable under section 76(4)(a) but the circumstances are not such as to justify forfeiture, the Minister may in his discretion –

(a)

make an order for the payment of a fine not exceeding two hundred and fifty thousand ringgit within a specified time; or

(b)

issue a notice in such form and manner as may be prescribed, specifying the necessary action to be taken to remedy the breach or contravention within a specified time.

(2)

The Minister shall give the lessee written notice of his decision under subsection (1).

(3)

Upon service of the notice under subsection (2), the Minister shall endorse or cause to be endorsed the particulars of –

(a)

the order made under paragraph (1)(a); or

(b)

the notice issued under paragraph (1)(b), in the document of the mining lease kept in the register referred to in section 115.

(4)

If the order made under paragraph (1)(a) is complied with, the endorsement under subsection (3) shall be cancelled accordingly.

(5)

If the order made under paragraph (1)(a) is not complied with, the Minister shall make an order declaring the mining land in respect of which the mining lease has been granted forfeited to the State Government.

(6)

Notwithstanding subsection (4), if the Minister is satisfied that the breach or contravention continues, he shall make an order declaring the mining land in respect of which the mining lease has been granted forfeited to the State Government.

(7)

If the notice issued under paragraph (1)(b) is not complied with, the endorsement under subsection (3) shall be cancelled accordingly.

51

(8)

If the notice issued under paragraph (1)(b) is not complied with, the Minister shall make an order declaring the mining land in respect of which the mining lease has been granted forfeited to the State Government.

(9)

Notwithstanding subsection (7), if the Minister is satisfied that the breach or contravention continues, he shall make an order declaring the mining land in respect of which the mining lease has been granted forfeited to the State Government.

When forfeiture to take effect.