Section 85, Cap 196

(1) The Chief Inspector of Mines may in his discretion !~d.servationby order in writing require the lessee of a mining lease or the restoration holder of any right or licence granted or held under the provisions ~f Ian?- _used of this Ordinance or of any other Ordinance relating to prospect- e~~-mmmg, ing or mining to take such reasonable measures for the preven- 4 of 1949. tion or reduction of soil erosion caused by his operations or Disputes between holders of rights as to mining or operations. Arbitrations. Cap. 25. reasonably to restore any area used for prospecting or mining operations by the replacement of the surface soil, the filling in of worked areas the removal of any tailing or other dumps or heaps caused by such operations and such other methods as may reasonably be required and upon service of such order, the provisions thereof shall be deemed to be covenants and conditions of the lease, right or licence concerned. (2) An order under this section may be issued either before or after the commencement of the prospecting or mining operations to which the order relates. (3) The lessee of a mining lease or holder of a licence or right that is the subject of an order made under this section shall have the right of appeal within three months against such order to the Governor who may vary, revoke or confirm the order, the Governor's decision being final. (4) An order made or decision given under this section rna y be sent by post to the lessee of the mining lease or the holder of the right or licence concerned, or to the agent of such lessee or holder. (5) ·where compensation is to be paid by the lessee of a mining lease or the holder of a right or licence under the provisions of this Ordinance in respect of damage done to the surface of any land, any restoration effected in accordance with the provisions of this section shall be taken into account in the assessment of such compensation. (6) The provisions of this section shall apply to a mining lease, right or licence notwithstanding that it was granted or issued before the coming into operation of this section.