Section 59
Imposition of fine, remedying of breach or contravention
—
(1)
If the Authority is satisfied that there are grounds on which its power to forfeit the mining land is exercisable under section 58(4) but the circumstances are not such as to justify forfeiture, the
Authority may in its 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 Secretary shall give the holder a written notice of its decision under subsection (1).
(3)
Upon service of the notice under subsection (2), the
Authority shall endorse or cause to be endorsed the particulars of—
(a)
the order made under subsection (1)(a); or
(b)
the notice issued under subsection (1)(b), in the document of the mining lease kept in the register referred to in section 97.
(4)
If the order made under subsection (1)(a) is complied with, the endorsement under subsection (3) shall be cancelled accordingly.
(5)
If the order made under subsection (1)(a) is not complied with, the Authority shall make an order declaring the mining land in respect of which the mining lease or certificate has been granted forfeited to the Government.
(6)
Notwithstanding subsection (4), if the Authority is satisfied that the breach or contravention continues, it shall make an order declaring the mining land in respect of which the mining lease or certificate has been granted forfeited to the Government.
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(7)
If the notice issued under subsection (1)(b) is complied with, the endorsement under subsection (3) shall be cancelled accordingly.
(8)
If the notice issued under subsection (1)(b) is not complied with, the Authority shall make an order declaring the mining land in respect of which the mining lease or certificate has been granted forfeited to the Government.
(9)
Notwithstanding subsection (7), if the Authority is satisfied that the breach or contravention continues, it shall make an order declaring the mining land in respect of which the mining lease or certificate has been granted forfeited to the Government.