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The Laws of Fiji
Last Updated: 1 August 2020

[MIN 10,200] Rights and conditions of permits to mine and mining leases40 

40
(1) A permit to mine or mining lease shall entitle the holder to work underground for the purpose of mining at a depth of not less than 15 m below the surface throughout the whole area the subject of such tenement and also to occupy and use for the purpose of mining or purposes ancillary thereto, such portion of the surface as may be allowed by the Director and specified in the tenement. The holder of a permit to mine or mining lease may, at any time, apply to the Director for an extension of the surface area which he or she may occupy and use. If the application is granted such extension shall be endorsed on the permit to mine or mining lease.

[subreg (1) am LN 95 of 1978 Sch, effective 21 July 1978]

(2) Every permit to mine and mining lease shall, in addition to any special conditions contained therein, be deemed to be subject to the following conditions—
  • (a)that the holder shall commence mining operations on the land the subject thereof within 30 days after the issue of such permit or lease and thereafter vigorously and continuously prosecute mining operations thereon with reasonable diligence and skill to the satisfaction of the Director; and
  • (b)that the holder shall at all times employ in such operations a minimum of one workman for every 4 ha or part thereof included in the tenement,

provided that when machinery is used for mining purposes the number of workmen employed may be reduced in the proportion of one workman for each horsepower of machinery so used but so that the number of workmen employed shall not be less than one-third of the number prescribed by this subparagraph.

[subreg (2) am LN 95 of 1978 Sch, effective 21 July 1978]

(3) Mining operations on a permit to mine or mining lease shall be deemed to be continuous if 6 hours bona fide work per working day is performed thereon by the prescribed number of workmen for 200 working days per annum, provided that involuntary cessation of work during the continuance of stress of weather, epidemics or strikes, shall not be deemed to be a breach of any of the conditions imposed by the provisions of this paragraph.
(4) For the purpose of compliance with the provisions of this regulation, mining operations shall be deemed to include, together with any exploration, development or exploitation carried out by workmen or tributors within the area, all work done in the construction, erection, operation and maintenance of machinery, or in preparations indispensable to the actual commencement of mining operations.