Malaysia legislation

Section 72

of Mineral Enactment 1999

Section 72

(1)

It shall be a condition of every mining lease granted under this Enactment that the lessee thereof -

(a)

shall cause to be kept true and sufficient books of account of the mining and other business carried on upon the mining land, and of the disposal of the minerals obtained; and to produce such books upon a request by the authorised officers;

(b)

shall submit such information and periodical activity reports as may be prescribed;

(c)

shall allow scientific surveys if there is no interference with mining;

(d)

shall maintain the mining land under the lease to a safe state and to such environmental standards as may be prescribed;

(e)

shall comply with the approved environmental impact assessment, if such assessment is required under any written law;

(f)

shall comply with the approved plan for rehabilitation, if required under this Enactment;

(g)

shall allow over or through the mining land access to any adjoining land as shall not, in the opinion of the Director, interfere with mining operations;

(h)

shall allow the construction and use on the mining land of such watercourses, canals, pipelines and transmission lines, public roads and public utilities as shall not, in the opinion of the Director, interfere with mining operations or rights under the lease;

(i)

in the case of a mining lease authorising a small scale operation, shall not conduct any large scale operation on the mining land;

(j)

in the case of a mining lease authorising a large scale operation, shall not conduct any small scale operation on the mining land; and

(k)

shall allow on the mining land any traditional land use arising from native customary rights.

47

(2)

Time shall be deemed to be of the essence of every condition subject to a fixed term by which the lessee is required to do any act.

Submission of mine feasibility study for large scale operation.