Section 76 — Mineral Enactment 1999

(1)

The Minister may, after consultation with the Committee, forfeit the mining land in respect of which a mining lease has been granted if he is satisfied that the lessee

–

(a)

has breached any of the terms and conditions specified in the lease;

or

(b)

has contravened any of the provisions of this Enactment.

(2)

For the purpose of subsection (1), the Minister shall serve or cause to be served on the lessee written notice of his intention to forfeit the mining land and the grounds on which he proposes to take such action, and he shall give the lessee an opportunity to make written representations thereon within thirty days from the date of service of the notice.

(3)

The Minister shall also serve or cause to be served on any person or body –

(a)

who has a lawful interest affecting the mining land in respect of which the mining lease has been granted; or

(b)

who is in lawful occupation of any part of the mining land in respect of which the mining lease has been granted, a copy of the written notice mentioned in subsection (2) to which there shall be appended an additional notice in such form as may be prescribed.

(4)

Upon the expiry of the period of thirty days mentioned in subsection (2) and after considering any representation made by the lessee and after holding an inquiry, the

Minister shall decide –

(a)

whether to proceed with the proposed action;

(b)

whether to take action under section 77; or

(c)

whether to take no further action.

(5)

The Minister shall give the lessee written notice of its decision under subsection (4).

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Imposition of fine, remedying of breach or contravention.