Albert Frederick Calvert.

Nigeria and its tin fields online

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molybdenum, nickel, platinum, silver, tin, tungsten,
uranium, zinc, and all others of a similar nature
to any of them, and all ores or combinations of
any of them with each other or with any other
substance, excepting only those that occur in the
form of precious stones.

(b) Carbonaceous minerals, including anthracite, Carbon-

aceous

asphalt, brown coal, bitumen and its compounds, Minerals.
coal, graphite, lignite, and all substances of a like
nature to any of them, or combinations of any of
them with each other or with any other substance.

(c) Earthy minerals, including asbestos, barytes, Earthy

Minerals.

clays, gypsum, infusorial earth, sandstone, marble,
mica, phosphates, potash, rock salt, soda, sulphur,
steatite, slate, talc, and all other substances of a
like nature to any of them.

(d) Precious stones, including amber, amethyst, Precious
beryl, cat's eye, chrysolite, diamond, emerald,
garnet, opal, ruby, sapphire, turquoise, and all
substances of a similar nature to any of them.



156 NEW MINING REGULATIONS

.vingas 3- Nothing in this Proclamation shall prevent
gT&c! 7 any person from quarrying stone for building
purposes, or any native of the Protectorate from
mining for iron, salt, soda, or potash, except in
any area over which a mining lease has been
granted.

o person 4. (i) It shall not be lawful for any person
.thout P a to prospect for minerals without having first ob-



tained a prospecting right or an exclusive licence

exclu- .. . r

, e to prospect m the prescribed form.

(2) An exclusive licence to prospect shall not
be granted to any applicant who has not, either
by himself or his duly authorised agents, examined
the area over which an exclusive licence to
prospect is applied for.

(3) It shall be in the discretion of the Gover-
nor for good cause to refuse an application for
a prospecting right or an exclusive licence to
prospect.

rospect- 5. A prospecting right shall entitle the holder
to prospect for any minerals in those parts of the
Protectorate which are not included in any
exclusive licence to prospect, and which the
Governor has not by Government Notice in the
Gazette declared to be closed to prospectors.

rospec- In the case of a company or corporation

its em-
employing prospecting engineers or prospectors,



FOR NORTHERN NIGERIA 157

each prospecting engineer or prospector shall be ployed by

corpora-
required to take out an individual prospecting tions.

right.

6. An exclusive licence to prospect shall entitle Exclusive

licence to

the holder thereof, and his duly authorised agents, prospect.
to the sole right of prospecting for minerals
within an area not less than one square mile and
not more than sixteen square miles in extent, and
for a period of one year from the date thereof,
subject to renewal in accordance with the pre-
scribed regulations for further terms of one year
each, but so as not to exceed a period of three
years in the whole.

7. A prospecting right and an exclusive licence Right to

enter upon

to prospect shall, subject to the terms thereof and land to
to the prescribed regulations, entitle the holder p '
thereof to enter upon any land and prospect for
minerals, and any person interfering with or
obstructing such holder in the exercise of any
rights hereby conferred upon him shall be guilty
of an offence and shall be liable to a penalty not
exceeding 2$ or to imprisonment for a term not
exceeding three months.

8. All disputes between holders of exclusive Settlement

.. . of disputes.

licences to prospect in respect of the exercise of
the rights granted by such licences shall be sub-
mitted through the Government Inspector of



158 NEW MINING REGULATIONS

Mines to the Governor for his decision, which
shall be final and conclusive between the parties :
Provided always that the Governor may in his
discretion refer any particular matter in dispute to
a court for its decision.

naity for 9- Any person prospecting without a prospect-

rwtho'ut ing right or licence to prospect shall be guilty

ence. r of an offence and shall on conviction before a

court be liable to a penalty not exceeding ^50

or to imprisonment for a term not exceeding six

months.

ansferof io. A prospecting right shall not be trans-

ences! 1 ferable, but an exclusive licence to prospect or

any portion of the rights granted under such

licence may be transferred with the consent in

writing of the Governor, signified by endorsement

thereon.

:vocation ii. In case of any breach by the holder of a

licences.

prospecting right or exclusive licence to prospect
or by any attorney, agent, or employee of such
holder, of any of the provisions of this Proclama-
tion or of any rule or regulation made thereunder,
the Governor may summarily revoke the said
right or licence and thereupon all privileges and
rights conferred thereby or enjoyed thereunder
shall as from the date of such revocation cease :
Provided always that the fact of such revocation



FOR NORTHERN NIGERIA 159

shall not in any way affect the liability of such
holder, attorney, agent, or employee, in respect of
the breach of any provision of this Proclamation
or of any such rule or regulation committed by
him before such revocation.

1 2. An exclusive licence to prospect or any surrender

of licence.

portion of the rights granted under such licence
may be surrendered at any time after three
months' notice in writing has been given of the
intention to surrender : Provided that such sur-
render shall not affect any liability incurred by
the holder before such surrender shall have taken
effect.

I 3 (i) It shall not be lawful for the Governor NO grant

. . except to

to grant a mining lease to any person other holder of
than the holder of a prospecting right or an S"gr?ght or

, ,. exclusive

exclusive licence to prospect, nor to any person licence,
who cannot show to his satisfaction that he has,
either himself or by his duly authorised agent,
carried out bond fide prospecting operations on
the area applied for.

(2) The holder of an exclusive licence to Right of
prospect who has fulfilled all the conditions at- licence
tached thereto shall be entitled to the grant of
a mining lease in respect of any portion of the
area covered by such licence subject to the con-
ditions relating to the grant of such leases.



160 NEW MINING REGULATIONS

ppiicant 14. The Governor may require an applicant

mst show

ifficient for a mining lease to show to his satisfaction

orking

ipitai. that he possesses or commands sufficient working
capital to ensure the proper development and
working of the mine ; and may require any
reports on the matter made by competent engi-
neers to be submitted for his information. In
the event of such applicant failing to satisfy the
Governor as aforesaid, the Governor may refuse
the application, but the applicant may renew his
application at any time.

iving 15. Any applicant for a mining lease wilfully

dse infor-

lation as or recklessly giving false information as to any

> above

lattersan of the matters in respect of which information is
or may be required to be given under this Pro-
clamation shall be guilty of an offence, and shall
be liable on conviction to a fine not exceeding
50 or to imprisonment for a term not exceeding
six months.

uration 1 6. (i) A mining lease may be granted for

f lease.

any term not exceeding 21 years.

renewal. (2) If at the expiration of the term originally
granted the lessee or his assigns shall be carrying
on work in a normal and business-like manner
under the lease, and the lease shall not at that
time be liable to be declared void under any of
the provisions of this Proclamation, and the lessee



FOR NORTHERN NIGERIA 161

or his assigns shall have given to the Government
six months' notice in that behalf, then the lessee
or his assigns shall be entitled to obtain a renewal
of the lease for a further term not exceeding 21
years, upon the conditions which are then generally
applicable to new mining leases.

17. Mining leases shall be of the following Different

kinds of

kinds, VIZ. I mining

leases.

(1) Lode mining leases, the unit of area

being one claim of 80,000 square
feet, rectangular, and of such dimen-
sions that the width shall not be less
than one-half the length. No greater
area than 30 claims shall be included
in one lease. The rent payable under
such lease shall be at the rate of 4
per claim per annum.

(2) Alluvial mining leases, which shall not

exceed 800 acres in area and shall
have a minimum width throughout
of 400 yards. The rent payable
under such lease shall be at the rate
of five shillings per acre per annum.

(3) Stream mining leases, which shall not

be granted in cases where an alluvial
mining lease is applicable, shall be
confined to the bed of a stream and

L



162 NEW MINING REGULATIONS

shall not exceed one mile in length.
The rent payable under such lease
shall be at the rate of twenty shillings
per annum for each 100 yards or part
thereof.

(4) Iron mining leases.

(5) Carbonaceous minerals leases.

(6) Earthy minerals and precious stones

leases.

(7) Dredging leases.

Leases of the kind (4), (5), (6), and
(7) shall be granted subject to re-
gulations to be made by the Governor
under section 34 of this Proclamation.

(8) Water power leases, which shall be the

subject of special agreements with the
Governor ; and such agreements shall
make provision inter alia :

(a) As to the rate to be charged to
consumers for the supply of power,
such rate to be specified in each
agreement, and not increased with-
out the consent in writing of the
Governor ;

(b) As to the compensation to be
paid by the beneficiaries thereunder
in respect of interference with pre-



FOR NORTHERN NIGERIA 163

existing individual rights of any kind
whatever ;

(c) To ensure, under penalty of
revocation, the adequate development
of the available power ; and

(d) To ensure the supply of power
on equitable terms to all consumers.

Provided that (i) no such agreement shall
be concluded until at least three
months after reasonable advertise-
ment of the application for the lease ;
and (2) the Governor shall at all
times have the power to determine
any such agreement, subject to reason-
able notice and to the payment of
adequate compensation in respect of
expenditure incurred.

1 8. The Governor may in any case where he Governor

may order

shall deem it necessary, before granting a mining survey, at

cost of

lease, require that the boundaries of the land applicant.
affected shall be surveyed by a surveyor approved
by the Governor, and the cost of such survey shall
be paid by the person applying for the lease.

19. In the event of any areas the subject of Overiap-

. . ping areas.

mining leases or exclusive licences to prospect
being found to overlap, the ground in dispute
shall be considered as within the area first



1 64 NEW MINING REGULATIONS

granted, and no claim, whether for compensation
or otherwise, shall be allowed in respect thereof
to the lessee or licensee of the area subsequently
granted.

Registra- 2 ' Every mining lease and every instrument
by or under which the rights or any portion there-
of granted by such lease shall be transferred or
assigned shall be registered as an instrument
affecting land under the provisions of the law for
the time being in force with regard to the registra-
tion of such instruments.

Penalty for 21. Any person digging for, mining, or work-
without a ing any mineral without a mining lease shall be
guilty of an offence, and shall be liable upon
conviction thereof to a penalty not exceeding
500 or to imprisonment for a term not exceeding
twelve months.

Use of 22. The lessee of a mining lease shall be

entitled to the use of all water within the area of
his lease, but he shall not, without the consent
in writing of the Government Inspector of Mines,
treat any river or other flowing water or stream
in such a manner as to prevent its return to its
natural channel before it leaves the said area.
Proviso as Provided that nothing herein contained shall be

to existing

rights. construed to affect or prejudice the existing rights
of any person to the reasonable use of the water



FOR NORTHERN NIGERIA 165

flowing in a natural bed or channel through, or
along the margin of, land occupied by him, or
naturally deposited within such land.

23. Any person diverting any river, flowing Penalty for

improper

water, or stream without consent as aforesaid, or use of

water.

diverting water in such a manner as to render
it unavailable for use by another person legally
entitled to the use thereof, shall be guilty of an
offence, and shall be liable to a penalty not ex-
ceeding 2$, or to imprisonment for a term not
exceeding three months.

24. (i) A mining lease shall not of itself Provisions

as to sur-

confer any rights in or over the surface of the face rights,
area included in the lease, hut if the lessee shall
apply to the Governor for a right of occupancy
over the whole or any portion of the area included
in his lease, and shall show to the satisfaction
of the Governor that the exclusive use and en-
joyment of the said area or portion thereof is
necessary to the full and effective exercise of the
rights conferred by the lease, the Governor shall
grant a right of occupancy over such area or
portion thereof, subject to the provisions of the
law for the time being in force with regard to
such rights, and to such reservations as he shall
think fit to make in respect of any railway, tram-
way, public road, building, burial-ground, or land



1 66 NEW MINING REGULATIONS

appropriated to any public purpose, or land in the
legal occupation of any other person.

(2) A right of occupancy granted as aforesaid
shall run concurrently with the mining lease, and
shall be renewable on application with each
renewal of the mining lease, and no rent shall
be payable thereunder over and above the rent
payable under the mining lease ; but compensa-
tion shall be payable in respect of any disturbance
of native rights.

(3) In the event of any application being re-
ceived from a third party for any rights in or
over the surface of an area included in a mining
lease, the Governor shall give notice thereof
to the lessee, and if the latter shall within six
months of the date of such notice show to the
satisfaction of the Governor that the application
cannot be granted without loss or damage to
him in respect of the rights conferred by the
said mining lease, the Governor shall assess
reasonable compensation to be paid by the appli-
cant to the lessee as a condition precedent to the
grant of the application. If, however, the lessee
shall fail to satisfy the Governor as aforesaid, the
Governor may thereupon grant the application and
no action shall lie in respect of any loss or
damage that may ensue in respect thereof.



FOR NORTHERN NIGERIA 167

25. Compensation shall be made to the legal Compen-

sation for
occupier by the holder of a prospecting right or damage.

exclusive licence to prospect, and by the lessee
of a mining lease other than the holder of a
right of occupancy, for all damage done by him-
self, his agents, or employees, to the surface of
any land upon, or under which prospecting or
mining operations are being carried on, or to any
house or building upon any such land, and the
amount of such compensation shall be decided
by the Resident of the province in which such
land is situated : Provided that if either party is
dissatisfied with the decision of such Resident he
may within fourteen days appeal to the Governor,
who may either decide the matter, in which case
such decision shall be final, or refer it to a court
for decision.

26. There shall be paid by all holders of Royalty t

be paid

mining leases a royalty to the Government on according

to regu la-
all ores, minerals, and metals won, which royalty tions.

shall be at such rate as may be laid down in
the regulations made under section 34, and may
be collected in the form of an export duty or in
such manner and subject to such conditions as
may be laid down in such regulations.

27. If the holder of any right acquired under Disputes

between

this Proclamation shall consider himself injuriously holders of



168 NEW MINING REGULATIONS

mining affected by the mining or prospecting operations

tomfning of another, he shall report the matter in writing

s ' to the Government Inspector of Mines. The

Government Inspector of Mines shall forward a

copy of the report to all persons concerned, and

after due consideration shall give his decision

thereon.

Any person may appeal from the decision of
the Government Inspector of Mines to the
Governor, after first notifying the Government
Inspector of Mines of his intention to do so, and
stating the grounds of his dissatisfaction. The
Government Inspector of Mines shall at once
report the matter to the Governor, who may either
decide the matter himself, in which case his de-
cision shall be final, or refer it to a court, which,
upon such reference, shall decide the matter in
dispute as though it came before it in the ordinary
course of law.

28. No person entitled or claiming to be en-
titled to any rights under a prospecting right
or an exclusive licence to prospect or under a
mining lease shall, in the exercise of any such
rights, without the consent in writing of the
Governor, disturb or interfere with any railway,
tramway, public road or building, burial ground
or land appropriated by law to any public purpose,



FOR NORTHERN NIGERIA 169

and any person guilty of any such disturbance
or interference shall be liable on conviction before
a court to a penalty not exceeding 100, and
in addition may be ordered by the court to pay
the costs of making good any damage caused
by him.

20. If there shall be a breach on the part of Forfeiture

for breach

the lessee of a mining lease of any condition or of regula-
tions, &c.

provision of this Proclamation or of any regula-
tion made thereunder, or of any of the terms
of his lease, and if the lessee shall not make
good such breach within three months from re-
ceiving notice in writing from the Governor so
to do, or if the lessee shall wholly discontinue
operations under the lease during a continuous
period of six months without the consent in
writing of the Governor, then the lease may be
determined by the Governor without prejudice to
any claim against the lessee which shall already
have accrued. The decision of the Governor
determining the lease shall be sufficiently notified
to the lessee by its publication in the Gazette,
and shall operate to vest in the Government all
the plant, buildings, and other property of the
lessee in connection with the land leased without
any payment or compensation to the lessee in
respect thereof.



1 70 NEW MINING REGULATIONS

Fraudu- 30. Any person who shall place or deposit, or

deposit of be accessory to the placing or depositing of, any

metal, and

fraudulent metal, ore, or mineral in any spot or place for the

sampling.

purpose of misleading any person as to the nature,
quality, or quantity of the mineral naturally
occurring at such spot or place, or who shall
mingle or cause to be mingled with any sample
of metal, mineral, or ore, any valuable metal or
any substance whatsoever which will increase
the value or in any way change the nature of the
said metal, mineral, or ore, with intention to
defraud any person, shall be guilty of felony, and
shall be liable, on conviction, to a penalty not
exceeding ^500 or to imprisonment for a term
not exceeding five years.
Accurate 3 i . There shall be kept at the principal office

accounts

and plans within the Protectorate of the lessee of a mining

to be kept. ,

lease or his attorney (i) accurate and regular
accounts containing full entries of all minerals
raised or got under such lease, together with all
such particulars as may be necessary to form
an estimate of the quantity and value of such
minerals ; and (2) correct plans and sections of
all mines worked under the rights conferred by
his said lease, and of all the workings thereof,
and of all veins or lodes which shall have been dis-
covered therein, upon which the extent, position,



FOR NORTHERN NIGERIA 171

and actual condition of the works shall at least
once in every half year be accurately delineated.
The scale of plans and sections shall be, for
underground plans I in 500 and for surface plans
I in 5000.

32. No officer, whether civil or military, shall, Govem-
while in the service of the Government of the officers

prohibited

Protectorate, acquire or hold any right or interest from

, L ,. L acquiring

under any prospecting right, licence to prospect, rights.
or mining lease, and any licence or lease purport-
ing to confer any such right or interest on any
such officer shall be null and void.

33. The Government Inspector of Mines may at Right of

entry to

any time enter and inspect any land over which an inspect,
exclusive licence to prospect or a mining lease
has been granted, for the purpose of ascertaining
the condition thereof, and may inspect and take
copies of or extracts from any books or papers,
plans, &c., dealing with the operations of the
licensee or lessee, and required by this Proclama-
tion to be kept.

34. The Governor shall have power to make Power

to make

rules and regulations for carrying this proclama- rules and

reguta-

tion into effect and in particular for all or any tions.
of the following matters :

(a) The manner in which applications for
prospecting rights, exclusive licences



172 NEW MINING REGULATIONS

to prospect, and mining leases shall
be made, the forms to be used, and
the fees payable in respect thereof ;

(b) The information to be supplied by the

applicants ;

(c) The shape of areas over which exclusive

licences to prospect may be granted
and the manner in which the same
shall be surveyed and beaconed ;

(d) The manner in which the right of entry

upon land shall be exercised ; and
the conditions on which shafts, pits,
temporary buildings, and other works
may be made or erected for the
purpose of prospecting ;

(e) The amount of work to be done under

an exclusive licence to prospect ;
(/) The construction of roads, tramways, and

railways ;
(g) The construction and erection of houses,

machinery, and other works to be

used for mining purposes ;
(/z) The fencing off or rendering secure of

any of the works constructed, erected,

or made for prospecting or mining

purposes ;
(i) The grazing of cattle and other animals,



FOR NORTHERN NIGERIA 173

and the cutting down and use of
timber for the purpose of carrying on
prospecting operations ;

(k) For securing the safety of persons em-
ployed in mines and for the carrying
on of mining operations in a safe,
proper, and effectual manner ;
(/) The reference of disputes to a court for

decision ;
(m) The transfer and assignment of rights

under licences and leases ;
(n) The amount of royalty payable to the
Government and the form and manner
in which such royalty shall be col-
lected and paid ; and

(0) The grant of leases of the kinds num-
bered (3), (4), (5), and (6) in Sec-
tion 17 ;

and may attach to the breach of any such rule
or regulation a penalty not exceeding 50 or
imprisonment for a term not exceeding six months
for each such breach.

Until further or other provision be made under
this section, the rules and regulations set forth
in the schedule hereto shall be and remain in
force.

35. Nothing in this Proclamation shall be con-



174 NEW MINING REGULATIONS
Mining for strued to refer to or to sanction the prospecting

oil not in-
cluded in or mining for mineral oil of any kind.

provisions

ofProcia- 30. Nothing in this Proclamation shall be con-

mation.

Saving for strued to affect any rights existing at the date of
5SVc ng its commencement.



THE SCHEDULE
RULES AND REGULATIONS

I. (i) Any person desiring to obtain a pros-
pecting right shall apply in writing for the same
to the Governor through the Secretary to the
Administration, and in making such application
shall give the following particulars :

(a) The name, nationality, and description

of the applicant, and an address in
the Protectorate at which notices, &c.,
may be served ;

(b) The parts of the Protectorate in which

the applicant desires to travel ; and

(c) A copy of the memorandum and articles

of association of any syndicate or


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Online LibraryAlbert Frederick CalvertNigeria and its tin fields → online text (page 9 of 11)