Section 58
Liability to forfeiture
—
(1)
The Authority may forfeit the mining land in respect of which a mining lease or certificate has been granted if it is satisfied that the holder thereof—
(a)
has breached any of the terms and conditions specified in the lease or certificate; or
(b)
has contravened any of the provisions of this
Ordinance.
(2)
For the purpose of subsection (1), the Secretary shall serve or cause to be served on the holder written notice of its intention to forfeit the mining land and the grounds on which it proposes to take such action, and it shall give the holder an opportunity to make written representations thereon within thirty days from the date of service of the notice.
(3)
The Secretary shall also serve or cause to be served on any person or body—
(a)
who has a registered interest affecting the mining land in respect of which the mining lease or certificate has been granted; or
(b)
who is in lawful occupation of any part of the mining land in respect of which the mining lease or certificate has been granted, a copy of the written notice mentioned in subsection (2) to which there shall be appended an additional notice in such form as may be prescribed.
(4)
Upon the expiry of the period of thirty days mentioned in subsection (2) and after considering any representation made by the holder and after holding an inquiry, the Authority shall decide—
(a)
whether to proceed with the proposed action;
(b)
whether to take action under section 59; or
(c)
whether to take no further action.
(5)
The Secretary shall give the holder written notice of its decision under subsection (4).