New Requirement for Mine Operators to file Returns
29 July 2019
The
Mineral Development (Statistical Returns) Regulations 2019 (“Regulations”) were gazetted on 26 July 2019 and will come into operation on 5 August 2019.
Regulation 3(1) of the Regulations requires a holder of a proprietary mining licence or mining lease or a manager (each as defined in the Mineral Development Act 1994) to submit a monthly statistical return to the Assistant Director of Mines containing the following information within ten days after the end of each calendar month –
- the type of minerals, mineral ores and by-products of mining produced;
- the quantity of waste;
- the value, quantity and grade of minerals, mineral ores and by-products of mining sold;
- the purchaser of minerals, mineral ores and by-products of mining;
- the quantity of stock or minerals, mineral ores and by-products of mining;
- the royalty paid to the State Authority;
- the quantity of energy consumption;
- the quantity of utilisation of work-force;
- the type and quantity of explosive and blasting agents used in mining areas, where applicable;
- the mine effluent monitoring results, where applicable;
- the vibration and air blast monitoring results, where applicable;
- the mine ventilation monitoring results, where applicable; and
- the investment made during mining activity, where applicable.
Further, Regulation 3(2) of the Regulations provides that an Assistant Director may, by written notice, require a holder of proprietary or mining licence or mining lease or a manager, to provide any other information as he considers necessary within the period specified in the notice.
Non-compliance with the requirements set out in Regulations 3(1) or 3(2) is punishable with a fine not exceeding RM50,000 or a term of imprisonment not exceeding three years or both.
The information furnished pursuant to the Regulations will enable the Director General of Mines to monitor the activities of holders of mining licences and mining leases more effectively, not only from the safety aspects, but also the environmental aspects of such activities.