Section 38, Cap 196

(I) The mining lessee shall pay compensation to theowner of any building, or of any economic trees or crops removed, destroyed, or damaged within the area of the lease by the lessee, his agents or workmen: Mining under towns and villages, and near public buildings, etc., prohibited except with the consent of the Governor. Right of mining lessee to cut trees. Cap. 189. Compensation for damaga to buildings, etc. Compensation to be paid by mining lessee on resumption of lands leased by the Crown. Rights under Crown leases granted after a mining lease. Right of lessee' to remove fixtures. Provided that compensation shall not be payable in respect of any building erected or tree or crop planted on land in respect of which surface rent is paid by the lessee under section 35 after the date on which such rent commenced to be payable. (2) If by reason of the mining or other operations of the mining lessee the surface of any land is damaged, the mining lessee shall pay compensation for such damage to the owner of such land. (3) If the person claiming compensation and the lessee are unable to agree as to the amount of compensation to be paid, the matter in dispute shall be determined by arbitration, except when the claimant, being a native, requests the District Commissioner to assess and determine the compensation, in which case the decision of such District Commissioner shall be final and binding on all parties, subject only to an appeal to the Governor whose decision shall be final, unless he shall direct that the matters in dispute shall be determined by arbitration. Notice of such appeal shall be given to the District Commissioner within fourteen days of the date on which his decision is notified to the party desiring to appeal. (4) The compensation awarded by the District Commissioner or, in the case of an appeal, by the Governor or arbitrators, shall be paid by the lessee to the District Commissioner for transmission to the persons entitled thereto within fourteen days of the date on which the amount of the compensation awarded is notified to the lessee.