RULE-117
Liability for pollution
Act: Balochistan Mineral Rules 2002
Section Provisions
BALOCHISTAN MINERAL RULES, 2002 BALOCHISTAN MINERAL RULES, 2002 [Gazette of Balochistan, Extraordinary, 9th March, 2002] No. S.O.(MR)4-6/2002, dated 8-1-2002.--In exercise of the powers conferred by section 2, of the Regulation of Mines and Oil-Fields and Mineral Development (Government Control) Act, 1948, (XXIV of 1948) the Government of Balochistan is pleased to make the flowing Rules:-- PART VI MISCELLANEOUS 117. Liability for pollution. - (1) Where in the course of reconnaissance, exploration or mining operations carried on under a mineral title or a mineral concession - (a) any mineral is spilled on land, or in, any water on or under the surface of any land; or (b) any land or any such water is otherwise polluted or damaged; or (c) any plant or animal life, whether in water or on in or under land, is endangered or destroyed; or (d) any damage or loss is caused to any person, including the Government, by such spilling, pollution or damage, the holder of the mineral title or mineral permit shall forthwith (i) report such spilling, pollution, loss or damage to the licensing authority; end (ii) take all such steps as may be necessary in accordance with good reconnaissance, exploration or mining practices or otherwise as may be necessary to remedy the spilling, pollution, loss or damage, and bear the costs thereof. (2) If the holder of a mineral title or a mineral concession referred to in sub-rule (1) fails to comply with the provisions of paragraph (ii) of that sub-rule within such period as the licensing authority may deem in the circumstances to be reasonable (a) the licensing authority may by notice in writing, order the holder, to take, within such period as may be specified in such notice, such steps as-may be so specified in order to remedy the spilling, pollution, damage or loss; and (b) if the holder fails to comply with the order to the satisfaction of the licensing authority within the period specified in the notice or such further period as the licensing authority may, on good cause shown, allow in writing, the licensing authority may cause such steps to be taken as may be necessary to remedy the spilling, pollution, damage or loss and recover the costs incurred thereby from such holder in a competent court.