Section 80 — Mineral Enactment 1999

(1)

An application to surrender the mining land in respect of which the mining lease has been granted, in whole or in part, shall be made to the Director in the prescribed form.

(2)

The liability of the lessee –

(a)

to pay any rent, fee, royalty, penalty or other money that is payable on or before the date of surrender;

(b)

to fulfil any requirement for rehabilitation;

(c)

to perform any obligation required to be performed on or before the date of surrender; and

(d)

for any act done or default made on or before the date of surrender, shall not be affected by the surrender of the mining lease under subsection (1).

(3)

In the case where the entire mining land under the mining lease is to be surrendered –

(a)

the lessee shall, before making an application under subsection (1), give to the Director –

(i)

in the case of a mining lease authorising a small scale operation, at least three months notice; or

(ii)

in the case of a mining lease authorising a large scale operation, at least six months notice, of his intention to apply to surrender such land; and

(b)

the Director shall, upon approving the application for surrender under this section –

(i)

notify the lessee and the Minister in writing of such approval;

and

(ii)

enter or cause to be entered a memorial of the surrender in the register as provided for under section 120.

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(4)

Upon the entering of the memorial under subparagraph (3)(b)(ii), the mining land in respect of which the mining lease has been granted shall revert to and vest in the

State Government.

(5)

In the case where only part of the mining land under the mining lease is to be surrendered, the Director shall –

(a)

notify the lessee and the Minister in writing whether the application for surrender is approved;

(b)

cause a boundary survey of the area not surrendered to be completed at the expense of the lessee; and

(c)

upon surrender of the original document of the mining lease, issue to the lessee a mining lease in respect of that portion of mining land which remains not surrendered which shall in all respects be subject to the same terms and conditions as the original lease.

(6)

There shall be no surrender under this section unless the written consent of every person having an interest registered against the mining lease has been delivered to the Director.