Section 3

Save as provided in subsection (2), any person found to be exploring, prospecting and mining or any of them for petroleum upon any

State Land or doing any act with a view to such exploring, prospecting and mining or any of them upon any State Land and without having received lawful authority to do so under any of the provisions of this Act, in other written law or in breach of any of the conditions thereof, is guilty of an offence and liable on conviction to a fine, imprisonment for 5 years or both, and all machinery, tools, plant, buildings or other property together with any minerals or other products which may be found upon or proved to have been obtained from the State Land so unlawfully explored, prospected or mined shall be liable to forfeiture, and if the offence is a continuing one to a further fine not exceeding $100,000 for every day or part of a day during which the offence has continued.

In determining any fine to be imposed under subsection (1), the court shall take into consideration any loss, injury or damage, or whatsoever nature, caused to or sustained by the Government, the public generally or any section of the public, or any person, whether or not such loss, injury or damage is of a nature to admit of being quantified or fully expressed in terms of money.

Nothing in this Act shall invalidate any exploration licence, prospecting licence or mining lease issued by the lawful authority of the

Government of Brunei Darussalam before the passing of this Act including any amendments made thereto from time to time, or abrogate any of the rights or privileges expressly conferred thereby:

Provided that every such right or privilege shall be limited to the extent prescribed by such licence, lease or Agreement; and that the same shall not be extended upon expiry, unless provided otherwise in written laws.