Section 8Part 1 — Introductory and General
Lands excluded from prospecting or mining
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8. (1) Save where otherwise provided by this Law, no prospecting or mining rights shall authorise prospecting or mining on —
land dedicated or set apart for any public purpose (other than mining) or for a burial ground, or within three hundred feet of such places, except with the consent of the Governor; Section 8 Mining Law Page 10 Revised as at 9th day of September, 1997 c
any area situate within any town or village except with the consent of the Governor;
land reserved for the purpose of any railway or situate within three hundred feet of any railway other than a railway constructed on the area of the mining lease by the mining lessee, except with the consent of the Governor;
any area which is the site of or is within three hundred feet of any building, works, reservoir or dam owned or occupied by the Government or a public authority, except with the consent of the Governor;
any street, road or highway or any land within one hundred and fifty feet of the centre line of any street, road or highway, other than one constructed on the area of the mining lease by the mining lessee, except with the consent of the Governor;
land within three hundred feet of any building, except with the consent of the occupier: Provided that where such consent is withheld, the Governor may allow prospecting or mining on such land on such conditions as he may think fit;
any area closed to prospecting or mining under section 9;
any area over which rights under a licence or a mining lease have been previously granted under this Law until fourteen days have elapsed from the date of the Gazette in which notice is given of the termination of such rights or in respect of which permission to mine has been given under section 32 and is still lawfully subsisting, except by the holder of such licence, mining lease or permit; or
any area over which a right of passageway is vested in the holder of a mining lease, except with the consent of such holder.
Where, under subsection (1), the Governor is empowered to authorise prospecting or mining, then —
if a public authority is directly affected by the giving of consent, the Governor shall not give such consent without prior consultation with such public authority; and
where consent is given the Governor may impose such conditions as he may think fit.
In this section — “burial ground” means any place —
authorised under any law to be a place of burial;
attached to any place of worship and used as a place of burial; or
habitually used as a place of burial by the members of any sect or congregation; and Mining Law Section 9 c Revised as at 9th day of September, 1997 Page 11 “town or village” means a town or village as defined under any law for the time being in force for spirit licence purposes or for all purposes.