Resource information
“Minerals" is defined in section 2. It shall include gas and petroleum but not clay, coral, lime, sand, or other stone or such other common mineral substances as the Prime Minister may by notice in the Gazette declare not to be minerals for the purpose of this Act. Section 3 formulates a reservation to the Crown of all minerals. Exploration licences which allow the holder to enter upon land, whether private or public to explore for mineral resources, may be granted by His majesty in Council under section 5. Compensation shall be paid to the owners or lessees of land for all injury suffered. The Minister of Lands with consent of His Majesty in Council may grant prospecting licences pursuant to section 6. In the event that the land is privately owned, the Minister of Lands shall pay to the owner such part of the royalty which he shall receive in respect of the winning and working of minerals within such lands as may from time to time be determined by His Majesty in Council, and shall also pay to owners compensation by virtue of section 6. Section 8 provides for the granting of mining leases. Lease of lands without consent of owners is made possible by section 9. A surface rent is payable by the Lessee to the Minister of Lands who shall pay the owner of the land in accordance with provisions of the Land Act. When the lessee under the mining lease desires to occupy the surface of any land above or adjacent to the area of his mining lease he shall have the same rights of compulsory acquisition as are conferred upon the Crown under Part IX of the Land Act subject to the modifications set out in section 10. Parts of the rents and royalties accruing from such mining lease shall be paid to the owner (sect. 11). Leases shall be granted only to Tongans and British subjects. Government officers are prohibited from acquiring rights. (20 sections)
Amended by: Seabed Minerals Act 2014 (No. 10 of 2014) (2014-08-20)
