Section 34, Cap 196

A mining lease shall confer upon the lessee the right to Rig~t~ underenter upon the lands the subject of the lease, and subject to the f mmmg rules the exclusive right to mine on such lands, and the right ease. to remove and dispose of the minerals specified in the lease on payment of the prescribed royalties. 35: (l) In so far as it may be necessary to the lessee or to the Surface rights apphcant for a lease to whom permission to mine has been ffmining grante~ under section 23 for or in connection with his mining essee. operations and subject to the provisions of this Ordinance and to the rules, the lessee or such applicant shall have on the lands 2036 Cap. 196] Minerals included in his mining lease or in the area on which permission to mine has been granted, as the case may be, the following rights- (a) to make all necessary excavations; (b) to erect, construct and maintain houses and buildings for his use and for the use of his agents and servants; (c) to erect, construct, and maintain such engines, machinery, buildings, and workshops and other erections as may be necessary or convenient; (d) to stack or dump any of the products of mining; (e) to lay water-pipes and to make watercourses and ponds, dams and reservoirs, and to divert any water on or flowing through the land; (f) to construct and maintain all such tramways, roads, communications, and conveniences as may be necessary. (2) The lessee shall pay rent (hereinafter called surface rent) at such rate per annum as shall be determined by the Governor for all land occupied or used by him for any of the purposes mentioned in sub-section (1), or otherwise for or in connection with his mining operations. (3) Before granting a mining lease, the Governor shall, if practicable, cause the owner of any land included within such lease to be informed of his intention to grant the lease, and require such owner to state in writing, within such time as the Governor may determine, the rate of the annual surface rent which he desires shall be paid to him by the mining lessee for any land occupied or used by him for or in connection with his mining operations. If within the time specified the owner of the land shall state the rate of the rent which he desires shall be paid, and the Governor is satisfied that such rent is fair and reasonable, the surface rent payable in respect of the land of such owner shall be at the rate stated by him. (4) Subject to the provisions of sub-section (3) the Governor shall fix the rate of the surface rent payable under this section and shall cause the mining lessee to be notified of the rate so fixed before or as soon as conveniently may be after the granting of the mining lease: Provided, however, that- (a) the rate of surface rent, whether fixed by the owner or by the Governor, shall be subject to revision by the Governor at intervals of seven years; (b) in fixing the surface rent payable the Governor shall not take into consideration the damage which may be done to the surface of the land by the mining or other operations of the lessee, for which compensation is payable under section 38 (2). (5) The surface rent payable under this section by a mining Jessee shall be paid without demand half-yearly to the prescribed officer, who shall pay the same to the owner of the land. (6) If any question shall arise as to the extent of the lands occupied or used by a mining lessee, or as to the date on which he commenced or ceased to occupy or use any land, or as to the proportion of the surface rents payable to the persons entitled to receive any portion thereof, the decision of the District Commissioner shall be final and binding on all persons, subject only to an appeal to the Governor. All expenses incurred by the Government in surveying, measuring or otherwise ascertaining the extent or value of the land in respect of which surface rent is payable under this section shall be paid by the mining lessee.