Minerals Development Act, 1940

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PART VIII.

Miscellaneous and General.

Prohibition on working minerals without lawful authority.

74.—(1) Every person who, without lawful authority, works or attempts to work, or does anything for the purpose of working any minerals shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds together with, in the case of a continuing offence, a further fine not exceeding one hundred pounds for every day on which the offence is continued, or in the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(2) In a prosecution for an offence under this section—

(a) the District Court shall have jurisdiction to try such offence notwithstanding that a question of title is raised, and

(b) the onus of proving that he had lawful authority shall rest on the defendant.