Malaysia legislation
Section 129
Section 129
Fund under section 127(3) within the time prescribed, the Committee shall -
(2)
The Fund shall be administered by the Committee.
(3)
There shall be paid into the Fund –
(a)
such sum as may be annually appropriated by the Legislative
Assembly for the purposes of the Fund;
(b)
any loan or grant given to the State Government by the Federal
Government for the purposes of the Fund; and
(c)
the rehabilitation fee payable under subsection (4).
(4)
For the purposes of the Fund, every holder of a mining lease authorising a small scale operation shall pay into the Fund –
(a)
an annual fee at the rate of one percent of the gross sales value of all minerals won during a calendar year from the mining land that is subject to the lease; or
(b)
a prescribed annual fee,
90
whichever is greater.
(5)
Subsection (4) shall not apply to any lessee who is permitted to alter mining operation from a large scale operation to a small scale operation.
(6)
Any money paid into the Fund and any sum accruing therefrom –
(a)
shall be deposited in any bank duly licensed under the Banking and
Financial Institutions Act 1989 [Act 372.]; or
(b)
may be invested in accordance with the provisions of the Trustee Act 1949 [Act 208.].
(7)
The Fund shall be used for the following purposes:
(a)
the preparation by the Committee of rehabilitation plans for -
(i)
any land, other than alienated land, affected by mining before this Enactment comes into force; and
(ii)
any State land or reserved land affected by mining after this
Enactment comes into force; and
(b)
the implementation of any plan referred to in paragraph (a) that is approved by the Committee.
(8)
The Committee shall –
(a)
keep proper accounts and other records in respect of the operations of the Fund;
(b)
cause to be prepared a statement of accounts in respect of each financial year;
(c)
cause its accounts to be audited annually by the Auditor-General; and
(d)
as soon as the accounts of the Fund have been audited, but not later than six months after the end of the financial year, cause a copy of the audited statement of accounts to be transmitted to the Minister together with a copy of any observations made by the Auditor-General on the statement of the accounts.
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(9)
A copy of the statement and observations transmitted to the Minister under paragraph (8)(d) shall be laid before the Legislative Assembly as soon as practicable after its transmission.
(10)
The Committee shall keep a record of the mining leases authorising small scale operations which are not in compliance with the provisions of subsection (4) and annually provide copies of such record to the Minister and the Director.
(11)
The fee payable under subsection (4) shall be payable in such manner as may be prescribed.
(12)
In this section, "Fund" means the Common Rehabilitation Fund established under subsection (1).
Non-payment into the Common Rehabilitation Fund.