Section 9
Mining covenants
of Mining Act
There shall be implied in every prospecting licence, in the absence of any express provision to the contrary, the following covenants on the part of the licensee -
(i)
That he will pay to the Government the rent and the royalties reserved in his licence at the times and in the manner prescribed by this
Act and will work and carry on the operations licensed in a fair, orderly, skillful and work-manlike manner and with as little damage as possible to the surface of the lands over which the licence extends and to the trees, crops, buildings, structures and other property there-on;
(ii)
That he will not enter upon any lands in the occupation of any person without the consent of the occupier nor, without the consent of the owner thereof, cut or in any way injure any trees, standing crops or buildings, huts or other structures or property of any kind of any occupier of the said lands or any part there-fore or of any other private person;
(iii)
That he will make and pay reasonable satisfac-tion and compensation for all injury which n1ay be done in the exercise of the powers conferred by his licence;
(iv)
That he will at all times indemnify the Gov-ernment against all claims or suits which may be made or brought by third parties in respect of any such damage and injury and against all costs and expenses relating thereto;
(v)
That he will not grant or assign any interest under his licence to any person without the previous consent in writing of His Majesty in
Council;
(vi)
That he will ascertain, in such manner as His
Majesty in Council may from time to time
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Mining prescribe, the value of all minerals won, dres-sed or extracted which may be required to be valued for the purpose of ascertaining the amount of royalty payable in respect thereof, or the terms on which a mining lease shall be issued;
(vii)
That he will upon the expiration or sooner determination of his licence or the abandon-ment of the undertaking licensed (whichever shall first occur) with all convenient speed re-move all buildings, structures, engines, machinery and other property and effects erected or brought by hi111:.upon the said lands under the provisions of his licence;
(viii)
That he will within 6 months after the expira-tion or sooner determination of his licence or the date of the abandonment of the undertak-ing licensed (whichever shall first occur)
securely plug all bores and fill up or fence all holes and excavations that he may have made in the lands over which his licence extends to such extent as the Minister may require and will to the like extent restore, so far as may be, to their natural or original condition the surface of the said lands and all buildings and structures thereon which he may have dam-aged in the course of prospecting;
(ix)
That any deposit made by the licensee or any portion thereof may be applied by the Minis-ter in making good and satisfying the claim of any third parties in respect of any damage or injury, above-mentioned, done by the licen-see and also in indemnifying the Government against any claims by any such third parties in respect of any such injury or damage and all costs and expenses relating thereto:
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8
Rent and royalty
Mining
Provided that upon the determination of the licence or of any renewal thereof the amount for the time being in de-posit with the Minister or so much thereof as shall not be required by the Minister to be applied as above-mentioned shall, if the licensee shall become the lessee of any mining lease of the said lands or any portion thereof, under the provisions hereinafter contained, be carried to his credit as part of the rents and royalties payable under such lease, or if he shall decline or fail to obtain any such lease as aforesaid, then the same shall be returned to the licensee:
Provided also that if the Minister has reason to anticipate that any such claims as aforesaid are likely to be made by third parties he may retain the amount of the said security or such portion thereof as he may think proper for a period not exceeding 6 months beyond the determination of the licence or any renewal thereof as aforesaid.