Section 13Part 1 — Introductory and General
General deposits
←→ Navigate · Click subsection badges to collapse · Press ? for help
13. (1) As a guarantee for the due performance of the obligations imposed by this Law, any person may be required by the Governor, either on application or when holding prospecting or mining rights or a water right, to deposit (in addition to any sum lodged under section 11 or 12) with the Governor, such sums or security for like amounts in lieu thereof, as may be prescribed, and on failure of such person to make such deposit within the time specified by the Governor the application may be refused or the prospecting or mining rights or the water right revoked by the Governor.
The Governor may, in any case where the depositor has failed, after due notice, to meet any obligation imposed upon him by this Law, take such steps as he may consider fit to fulfil the obligation and may expend from any deposit such sum as he may consider reasonable to defray any expense incurred by him in so doing; and where any deposit or portion thereof is so expended, the Governor may require the depositor to make good such deposit or portion, and failure to do so may render any prospecting or mining rights or any water right in respect of which any deposit was made liable to revocation by the Governor.
Where upon the termination of all interests in any prospecting or mining rights, or water right in respect of which a deposit has been made, the original right, licence, mining lease or water right is produced to the Governor and the termination of such interests is duly recorded, then the person by whom such deposit was made may make written application to the Governor for the refund or release of such deposit or balance thereof and, upon production of satisfactory evidence by the applicant, the Governor may authorise such refund or release to be made: Mining Law Section 14 c Revised as at 9th day of September, 1997 Page 13 Provided that, in the absence of such satisfactory evidence, the Governor may withhold such refund or release until such time as he may think fit: And provided that such refund or release is made without prejudice to any claim or proceeding existing or which may arise through the breach by the holder of any prospecting or mining rights or water right, or by his servants.
Where the interest of a depositor in any prospecting or mining rights or water right is terminated by transfer, no refund or release shall be made until the transferee has lodged a like deposit or such sum as the Governor may demand.
Sums deposited under this section may be otherwise dealt with in such manner as may be prescribed.