For Reference Only Sarawak LawNet

1 Sarawak LawNetLAWS OF SARAWAKREPRINTC hapter 56 MINERALS ORDINANCE, 2004 Incorporating all amendments up to 30th September, 2010 PREPARED, REPRINTED AND PUBLISHED BYTHE COMMISSIONER OF LAW REVISION, SARAWAKUNDER THE AUTHORITY OF THE REVISION OF LAWS ORDINANCE, 19922010 For Reference OnlySarawak LawNetMINERALS ORDINANCE, 2004 Date Passed by Dewan June, 2004 Date of June, 2004 Date of Publication in Gazette ..30th June, 20041st Reprint in 2007 For Reference OnlySarawak LawNet1 LAWS OF SARAWAKC hapter 56 MINERALS ORDINANCE, 2004_____ARRANGEMENT OF SECTIONS_____PART title and of Land vested in the StatePART of of Minerals Management and powers of servantsPART IIIAUTHORITY TO PROSPECT AND MINING:LICENCES AND to to whom mineral tenement may be granted or tenement may be granted over State land, tenement in certain land areasFor Reference OnlySarawak LawNet2 CAP.

2 Closed to mineral of mineral reservePanning for panning conditions of panning of panning personal to the holder and not under panning and revocation of panning licenceProspecting for prospecting conditions of prospecting and renewal of prospecting and exclusive prospecting and conditions and endorsement upon renewal of for of prospecting of prospecting under prospecting for grant of mining lease by holder of prospecting of field prospecting of sampling, trial processing and sale of specimens and licence shall continue to remain in force until application for renewal is of prospecting licence For Reference OnlySarawak of fine, remedying of breach or revocation to take in of prospecting on application for prospecting licenceMining over which mining lease may be for mining to mine contingent on obtaining approval of mine feasibility study, plan for rehabilitation.

3 Of mining lease of mining and renewal of mining of mining lease or of mining to be granted priority in applying for prospecting licence in respect of contiguous under mining lease or conditions of mining lease or of mine feasibility of commencement of development work and development work and mining to to of fine, remedying of breach or forfeiture to take of of landFor Reference OnlySarawak LawNet4 CAP. 56 Proprietary Mining for proprietary mining on proprietary mining of proprietary mining licence of fine, remedying of breach or revocation to take in of proprietary mining licencePART IVACCESS TO to reserved land or reserved forest area for to alienated land or occupied land for beneath alienated to mining land beneath alienated landPART for payment of compensationPART VIFINANCIAL fees and in of arrears of fee, rent, royalty.

4 Reference OnlySarawak LawNetMINERALS5 PART VIIPROVISIONS REGARDING to use water may be subject to for water for water suspension of water suspension of water of water of water of fine, remedying of breach or of water licence and water to be of water licence on titles of water from or across alienated land, or interference with river tenement holder to permit use of excess and discharged water to of water of this Part to prevailPART VIIIRECORDING AND of mineral of licence, lease and of area to be licence, lease or certificate to have of issuing licence and registration of lease or on renewal, etc.

5 , to be entered in of receiptFor Reference OnlySarawak LawNet6 CAP. mining lease or certificate to be conclusive or certificate shall be in respect of mining lease or of registersPART of a rehabilitation or rejection of the Rehabilitation into the Mine Rehabilitation FundPART XENFORCEMENT, INVESTIGATION AND by authorized of to require attendance of person acquainted with to examine person acquainted with of arrest and with without return of seized of things of holding seized costs or damages arising from seizure to be to stop and search conveyanceFor Reference OnlySarawak that minerals belong to the as to the value of mineral or mineral product.

6 Of of informersPART XIOFFENCES AND for failure to submit for mining without obtaining approval of required unlawfully for panning without for conducting prospecting without for mining without licence or for breach of term and removal from mining with, removing, damaging or destroying any thing or destruction of any thing for failure to comply with lawful order or with respect to of authorized of confidential of and committed by body committed by partner, agent or for continuing offencesFor Reference OnlySarawak LawNet8 CAP.

7 Of of of money due to the GovernmentPART against disclosure of on abuse of information obtained in official of survey to solve of of or its agent may conduct of dredging machine from one block of mining land to relating to to demolish buildings or structuresPART XIVREPEAL, SAVINGS AND TRANSITIONAL , savings and transitional provisionsFor Reference OnlySarawak LawNetMINERALS9 SCHEDULEForm A Panning licenceForm B Prospecting licenceForm C Mining leaseForm D Mining certificateForm E Proprietary mining licenceForm F Water licenceForm G Water permitForm H Licence to remove dredging machineFor Reference OnlySarawak LawNet10 CAP.

8 56 For Reference OnlySarawak LawNet11 LAWS OF SARAWAKC hapter 56 MINERALS ORDINANCE, 2004An Ordinance to make better provisions in the law relating to minerals other than mineral oil and their prospecting and mining and for other incidental matters.[1st July, 2010]*(Swk. 51/2010]Enacted by the Legislature of Sarawak PART IPRELIMINARYS hort title and commencement1. (1)This Ordinance may be cited as the Minerals Ordinance, 2004, and shall come into force on such date as the Majlis Mesyuarat Kerajaan Negeri may, by notification in the Gazette, appoint.)

9 (2)The Majlis Mesyuarat Kerajaan Negeri may, by order published in the Gazette, suspend the operation of any of the provisions of this Ordinance for the whole of the State or any part of (1)In this Ordinance alienated land means any land (including any parcel of a subdivided building) in respect of which a registered title for the time being subsists, whether final or provisional, whether in perpetuity or for a term of years, or issued in the exercise of powers conferred by any previous land law, but does not include mining land; Authority means the State Minerals Management Authority established under section 7(1);For Reference OnlySarawak LawNet12 CAP.

10 56 authorized officer means any person duly authorized in writing by the Authority to enforce the provisions of this Ordinance and to exercise the powers of investigation and enforcement provided under Part X; Chairman means the Chairman of the Authority appointed under section 7; Chief Inspector means the Director of Minerals and Geoscience or any person appointed by the Minister to be the Chief Inspector of Mines; constitution , in relation to a company, means the memorandum and articles of association of the company; Controller of Rivers means the Controller of Rivers appointed under section 10(1)(a) of the Sarawak Rivers Ordinance, 1993 [Cap.]