- Laws of Fiji

Last Updated: 1 August 2020

[MIN 24] Rights and obligations under prospector’s right24

(1) Subject to the provisions of this Act and to any law relating to drainage, land conservation and the control of natural water supplies, the holder of a prospector’s right may—

(a)enter any land open to prospecting having first given notice in writing to the owner or occupier of his or her intention to do so, such notice to include the name and address of the prospector and the number of his or her prospector’s right, provided that he or she shall not enter on—
- (i)unalienated iTaukei land unless he or she shall have sent copies of such notice to the iTaukei Land Trust Board and to the Commissioner for the Division in which such land is situated, and has complied with all reasonable directions given by such Commissioner for the maintenance of amicable relations between such prospector and the iTaukei owners;
- (ii)land the subject of a prospecting licence or special prospecting licence except with the consent in writing of the holder of such prospecting licence or special prospecting licence;
- (iii)land the subject of a permit to mine, mining lease or special mining lease, for precious metals or precious stones; or
- (iv)land the subject of a permit to mine, mining lease or special mining lease, for minerals other than precious metals or precious stones except with the consent in writing of the holder thereof and then only for the purpose of prospecting for minerals other than those specified in the permit to mine, mining lease or special mining lease,
notwithstanding anything contained in this proviso the Director may, if in his or her opinion any consent required by subparagraphs (ii) or (iv) is being unreasonably withheld, waive the requirement for consent therein contained subject to such conditions as he or she may see fit to impose and any such waiver shall be a decision of the Director;
(b)prospect for all minerals except minerals for which prospecting is forbidden or restricted under the provisions of section 4;
(c)remove any undergrowth and cut, take and use for prospecting purposes without payment therefor, any tree not being a planted tree or a tree of the sandalwood species or Yasidina (Santalum yasi) or a tree included in class 1, 2 or 3 in Schedule 1 to the Forest Regulations 1955, provided that the Director may impose restrictions on or regulate the clearing of trees or bush when such clearing shall appear to him or her likely to interfere with the course of any stream or to cause erosion.
(d)sink shafts and pits or dig holes and trenches but shall not remove over burden from ground which can reasonably be tested or sampled by pits not exceeding 4 feet square or by bore holes, provided that—
- (i)such excavations shall be fenced or secured, and on the prospector leaving the neighbourhood, filled up in such a manner as to prevent persons or livestock inadvertently entering therein; and
- (ii)if any holder of a prospector’s right neglects to comply with the provisions of this paragraph, the Director shall have the right to cause such excavations to be filled up or to take such other protective measures as may be necessary and for so doing may charge such holder such sum as the Director considers reasonable, and such sum shall be a lawful deduction from any amount deposited by such holder with the Director under the provisions of this Act. Such filling up by the Director and the payment of such sum by the holder shall not exempt the holder from his or her liability under the provisions of this Act or any other law for his or her failure to fill up such excavations;
(e)use so much water from a watercourse as will enable him or her to test the mineral bearing qualities of the land by washing, sluicing or other means, provided that where, in the opinion of an inspector, such use of water interferes with or is likely to interfere with any existing user of water, or to interrupt or adversely affect the quality and flow of any water, the holder shall cease such use, on being required to do so by the inspector, until he or she has made such arrangements as will satisfy the inspector;
(f)mark out and apply for a mining tenement.

[subs (1) am Act 13 of 1977 s 11, effective 1 July 1977; am Decree 7 of 2011 s 4, effective 1 March 2011]

(2) In the event of the owner or occupier of any land entered by any prospector under the provisions of subsection (1) making representations to the Director concerning the activity of such prospector on that land, the Director or an inspector may give such directions to the prospector as the Director or such inspector considers necessary for the purpose of avoiding friction between such prospector and the owner or occupier of such land and the prospector shall—

(a)comply with such directions; and
(b)if so required by the Director or an inspector, desist from prospecting on such land until amicable relations are, in the opinion of the Director or an inspector, established between him or her and the owner or occupier of such land.

(3) Every notice given under the provisions of subsection (1)(a) shall expire at the end of 3 months after it is given.

(4) The requirements of subsection (1)(a) as to the giving of the notice therein required to be given shall be sufficiently complied with by posting such notice by registered post to the last known address of the owner or occupier of the land, or if such address is not known to the prospector and cannot be ascertained by the exercise of reasonable diligence, by affixing such notice in a conspicuous position on such land in such manner that it can be easily seen by a person entering upon such land.