Malaysia legislation
Section 93
Section 93
(1)
The Minister may require any person to whom –
(a)
a prospecting licence or exploration licence has been granted in respect of any area which consists of or includes alienated land, occupied land, reserved land or reserved forest area; or
(b)
a mining lease has been granted in respect of any land beneath alienated land,
67
to deposit from time to time with the State Government such amount of money as he may specify as a security for the payment of compensation which the person may be liable to pay under this Enactment.
(2)
Any deposit paid under subsection (1) shall, on loss or damage being caused by the holder of the prospecting licence or exploration licence or the lessee, as the case may be, for any reason specified in section 92, be paid out by the Collector to the person entitled thereto.
(3)
Where the whole or any part of an amount deposited under subsection (1)
has not been paid out under subsection (2), the Collector shall refund such amount, with no adjustment for interest on the amount deposited, to the holder of the prospecting licence or exploration licence or the lessee, as the case may be, as soon as practicable –
(a)
in the case of a prospecting licence or exploration licence, after the licence is surrendered, expired or revoked, whichever shall first occur;
and
(b)
in the case of a mining lease, after the mining lease is surrendered, expired or forfeited, whichever shall first occur:
Provided that the Collector shall not refund any amount under this section until all claims to compensation under this section have been settled.
(4)
The amount required as a deposit under subsection (1) shall not operate to relieve any person from any liability in respect of any claim for compensation.