Section 62 — Minerals Ordinance, 2004

(2)

The liability of the holder—

(a)

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

(b)

to fulfill 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 or certificate under subsection (1).

(3)

In the case where the entire mining land under the mining lease or certificate is to be surrendered—

(a)

the holder shall, before making any application under subsection (1), give to the Secretary—

(i)

in the case of a mining lease or certificate authorizing a small scale operation, at least three months’

notice; or

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(ii)

in the case of a mining lease or certificate authorizing a large scale operation, at least six months’

notice, of his intention to apply to surrender such land; and

(b)

the Secretary shall, upon the Authority approving the application for surrender under this section—

(i)

notify the holder and the Director in writing of such approval; and

(ii)

cause to be entered a memorial of the surrender in the register as provided for under section 102.

(4)

Upon the entering of the memorial under subsection

(3)

(b)

(ii), the mining land in respect of which the mining lease or certificate has been granted shall revert to and vest in the Government.

(5)

In the case where only part of the mining land under the mining lease or certificate is to be surrendered, the Secretary shall—

(a)

notify the holder and the Director 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 holder; and

(c)

upon surrender of the original document of the mining lease or certificate, notify the Director, who shall, as soon as possible, cause to be issued to the holder a mining lease or certificate 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 or certificate.

(6)

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

Proprietary Mining Licence

Application for proprietary mining licence