Malaysia legislation

Section 70

of Mineral Enactment 1999

Section 70

(1)

A mining lease shall, subject to this Enactment and to the terms and conditions specified in the lease, confer upon the lessee thereof the rights –

(a)

to exclusively mine the land in respect of which the lease has been granted in accordance with –

(i)

in the case of a mining lease authorising a small scale operation, the pre-feasibility study submitted under section 63;

or

(ii)

in the case of a mining lease authorising a large scale operation, the mine feasibility study approved under section 73;

and

(b)

subject to section 71 –

(i)

and any other law relating to minerals, to store, transport, process and sell any mineral extracted and dispose of any waste;

(ii)

to use any timber, sand or gravel as required for mining within the mining land;

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(iii)

to use such portions of the mining land as may be required for the purposes of growing plants or vegetables, or keeping animals, poultry or fish as may be reasonable for use by the employees at the mine;

(iv)

to use such portions of the mining land as may be required for the purpose of erecting houses, lines, sheds or other buildings as may be reasonable for the purposes of the mine or for use by the employees at the mine;

(v)

to do any act or thing and establish and maintain any road and facility to effectually carry out mining operations, on or under the land; and

(vi)

to use, occupy and enjoy the land in respect of which a mining lease has been granted for mining purposes.

(2)

The mining lease shall not, subject to this Enactment and to the terms and conditions specified in the lease, entitle the lessee the exclusive right within the mining land in respect of which the lease has been granted to use any public road, rail, canal, river and telecommunications system as may be required for mining.

(3)

In this section, "process" means any activity whereby minerals or mineral ores are treated for the beneficiation thereof but excludes smelting and refining.

Prohibition.