Malaysia legislation
Section 75
Section 75
The owner of any alienated land or occupied land—
(a)
a prospecting licence has been granted in respect of any area which consists of or includes alienated land, occupied land, reserved land or reserved forest area;
(b)
a mining lease has been granted in respect of any land beneath alienated land;
(c)
a prospecting licence has been granted in respect of any area which consists of or includes land subject to claim under native customary rights; or
(d)
a mining lease has been granted in respect of any land beneath land subject to claims under native customary rights, to deposit from time to time with the Superintendent such amount of money as it may specify as security for the payment of compensation which the person may be liable to pay under this Ordinance.
(2)
Any deposit paid under subsection (1) shall, on loss or damage being caused by the holder of the prospecting licence or the lessee, as the case may be, for any reason specified in section 74, be paid out by the Superintendent to the person entitled thereto.
(3)
Where the whole or any part of an amount deposited under subsection (1) has not been paid out under subsection (2), the
Superintendent shall refund such amount, with no adjustment for interest on the amount deposited, to the holder of the prospecting licence or the lessee, as the case may be, as soon as practicable—
(a)
in the case of a prospecting licence, after the licence is surrendered, expired or revoked, whichever shall first occur; and
(b)
in the case of a mining lease, after the mining lease is surrendered, expired or forfeited, whichever shall first occur:
Provided that the Superintendent shall not refund any amount under this section until all claims to compensation under this section have been settled.
(4)
The amount required as a deposit under subsection (1)
shall not operate to relieve any person from any liability in respect of any claim for compensation.
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