Section 186 — Mineral Enactment 1999

(a)

shall be conducted in accordance with the provisions of this section;

(b)

shall be held at such place and time as the Director may direct; and

(c)

shall be open to the public unless the Director shall, for special reasons to be recorded by him, order otherwise.

(2)

Before holding any inquiry, the Director –

(a)

shall give notice of inquiry in such manner as he may consider appropriate in the circumstances of the case; and

(b)

shall serve on any person or body who is to his knowledge interested in the subject-matter thereof a copy of that notice to which there shall be appended an additional notice in such form as may be prescribed.

(3)

The Director may, if he thinks it necessary or expedient to do so –

(a)

at any time cancel or postpone the holding of any proposed inquiry, or change the venue thereof; or

(b)

adjourn from time to time the hearing of any inquiry.

(4)

Any person or body claiming to be interested in the subject matter of the proposed inquiry may, by registered letter addressed to the Director, apply a postponement or change of venue and such application –

(a)

shall state the reasons for which the postponement of change of venue is sought; and

(b)

shall indicate also the nature of any evidence proposed to be given or addressed by or on behalf of the applicant.

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(5)

Notice of any cancellation, postponement, change of venue or adjournment mentioned in subsection (4) shall be given by the Director to every person or body on whom notice of the inquiry has been given or served under subsection (2), and in such other manner as it may consider appropriate in the circumstances of the case.

(6)

In conducting the inquiry, the Director shall have the following powers:

(a)

to procure and receive all evidence, written or oral, and to examine any person as witness, as the Director deems necessary or desirable to procure or examine;

(b)

to require the evidence, written or oral, of any witness to be made on oath or affirmation (such oath or affirmation to be that which could be required of the witness if he were giving evidence in the High Court) or by statutory declaration; and

(c)

to summon any person to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession.

(7)

Where the Director is satisfied that a person who, under subsection (6) -

(a)

having been summoned to attend any such inquiry, fails to do so;

(b)

having been required to produce any document or other thing, fails to do so; or

(c)

having been required to answer any question, refuses to do so, he may certify in writing the failure to attend or to produce the document or the refusal to answer questions, as the case may be, and inform the Magistrate accordingly.

(8)

A person giving evidence under this section shall be legally bound to state the truth, whether or not such evidence is made wholly or partly in answer to any question.

(9)

Where a certificate is given under subsection (7), the Magistrate shall inquire into the case, and if he is satisfied that the person to whom the certificate relates has, without reasonable excuse, failed to attend or failed or refused to comply with the requirement as mentioned in the certificate he shall order the person to attend or to

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comply with the requirement at a hearing before the Director holding such inquiry to be held at a time and place specified in the order.

Power to demolish buildings or structures.