- Laws of Fiji

Last Updated: 1 August 2020

[MIN 41] Surface rent payable for disturbance of surface rights41

(1) It shall be an implied covenant of every mining tenement, other than a prospecting licence, that the holder thereof shall pay surface rent to the person entitled to the surface rights of any land the subject of such tenement as compensation for any disturbance of such surface rights by any prospecting, mining or other operations conducted on such land by the holder of such mining tenement under the authority of any of the provisions of this Act, provided that, in respect of a permit to mine, mining lease or special mining lease, surface rent shall be payable only in respect of that portion of the surface of such land which the holder of such permit or lease is entitled to use and occupy.

(2) The amount of surface rent payable shall be mutually agreed in writing between the holder of the mining tenement and the person entitled to the surface rights of the land the subject of such tenement and every such agreement or a certified copy thereof shall be filed in the office of the Director on payment of the prescribed fee.

(3) If the parties are unable to agree as to the amount of surface rent payable the provisions of sections 40(3) and (4) as to assessment of compensation shall apply mutatis mutandis.

(4) Surface rent shall be paid to the person entitled thereto half-yearly in advance in each January and July and evidence of such payment shall be presented to the Director within 14 days of such payment, provided that before commencing any operations on the land the subject of his or her tenement the holder of every mining tenement in respect of which surface rent is payable shall pay surface rent on a pro rata basis up to the end of the next ensuing half year.