(1) The holder of a
mining tenement shall not commence any mining on the natural surface or within
a depth of 30 m from the lowest part of the natural surface of any private
land unless and until he has paid or tendered to the owner and the occupier
thereof the amount of compensation, if any, that he is required to pay under
and as ascertained in accordance with this Act, or he has made an agreement
with the owner and occupier as to the amount, times and mode of the
compensation, if any.
(2) Where any person
to whom compensation is payable under this Act cannot be found or is dead or
is otherwise incapacitated at law, any payment of compensation may be made to
the Minister in trust for that person or his personal representative as the
case requires.
[Section 35 amended: No. 69 of 1981 s. 13; No. 100
of 1985 s. 25.]
[ 36. Deleted: No. 69 of 1981 s. 14.]