Malaysia legislation
Section 162
Section 162
(a)
has been conducting mining operations on one of such blocks by means of a dredging machine; and
(b)
has proven to the satisfaction of the Authority that for the economical working of another of such blocks it is necessary that the dredging machine be removed to such other block along a passage to be excavated by the dredging machine through the intervening lands, it shall be lawful for the Authority, after holding an inquiry, to issue to such person a licence in Form H as set out in the Schedule, upon payment of the prescribed fee, subject to such terms and conditions as may be specified therein or as may be prescribed, to remove the dredging machine through the said land, and thereupon it shall be lawful for such person to enter upon the said land and to do such things as may be necessary to enable the dredging machine to be removed accordingly.
(2)
Before issuing the licence under subsection (1), the
Government—
(a)
shall determine the route of the passage to be excavated by the dredging machine through the intervening land;
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(b)
shall be satisfied that such route is one that shall cause the least damage to the intervening land; and
(c)
shall take into account the time convenient or suitable to the parties concerned in the removal of the dredging machine.
(3)
The holder of a licence issued under this section shall be prohibited from conducting mining operations upon and removing any mineral from any land to which the licence applies.
(4)
Any person desiring to make any claim for compensation in respect of any loss or damage which has been sustained by him by reason of any thing done or omitted to be done by the holder of the licence acting in pursuance of a licence issued under subsection (1)
shall submit particulars of such claim in writing to the Authority not later than six months after such loss or damage shall have been sustained, and the Authority shall after such inquiry as it deems necessary make an order directing the holder of the licence to pay to the claimant compensation in such amount as specified in the order, and the decision of the Authority on the amount of compensation shall be final.
(5)
A licence issued under subsection (1) shall be revoked by the Authority upon proof that the holder of the licence has failed to observe or comply with any of the terms and conditions thereof.
Provisions relating to inquiry