2. SEC. 70-POWER TO PERMIT…
SA may permit the extraction, removal and
transportation of any rock material from:
a) State land
b) Alienated Land;
c) Mining Land;
d) Reserved Land.
3. Sec. 71 – Who shall issue?
Shall be issued on behalf of SA
For state land – by the Land administrator;
For alienated land - by the land administrator to
proprietor land or if the land is registered is A’s but
the application for permit is made by C(3rd party),
consent from registered owner i.e A , must be
obtained.
For mining land – by the land administrator and
approval of senior of mines or other officer related
to mining matter;
For reserved land – by the land administrator and
approval of controlling officer of that reserved land.
4. Sec. 72 – duration and conditions
1) every permit to extract, remove and
transport rock material for a term expiring
not later than the end of the calendar year,
which it commences.
2) Every permit is subject to provision
contained in the permit or other provision.
3) Permit shall be in Form 4C
5. Sec. 73 - permits not capable of
assignment/transmission on death.
A permit shall not be capable of assignment
A permit shall terminate on death of holder or
dissolution of company
If upon expiry, holder continues with
extraction, he is liable for penalties – section
426, a fine not exceeding RM10,000 or
imprisonment not exceeding 1 year or both.
6. Cases;
Marble Terrazo Industries Sdn. Bhd.
(1991)1 CLJ 109
Puspita Corp. Sdn Bhd. v. Berjuntai Tin
Dredging (1994) 3 MLJ 251
7. Sec. 74 – deposit in respect of permits.
The SA may direct land administrator or officer
concerned to request a deposit of a reasonable
sum from permit holder as security for:-
d) due performance or observance or
provision imposed.
e) Rehabilitation of the land.
8. Sec. 75 – effects of permits on
conditions affecting the Land
If the land is subject to any condition imposed
by any law relating to mining or any other
written law, the act of doing anything
authorized under permit shall not be taken to
constitute a breach of such condition.
