Section 102: Surface rent.

(1) The lessee of a mining lease shall pay rent in advance without demand being made of it, at such rate per annum as shall be determined by the Minister for all lands occupied or used by it in connection with its mining operations.
(2) The Minister shall, before granting a mining lease on any private or any State land-
(a) cause the owner or occupier of the land to be informed of the intention of the Minister to grant the lease ; and
(b) require the owner or occupier of the land to state in writing within the period specified by the Regulations made under this Act, the rate of annual surface rent which the owner desires should be paid to him by the lessee for the land occupied or used by it for or in connection with its mining operations.
(3) If within the time specified pursuant to subsection (2) of this section, the owner or occupier states the rate of the rent he desires should be paid, and the Minister is satisfied that the rent is fair and reasonable, the surface rent payable in respect of the land of the owner or occupier shall be the amount specified and the rent shall be notified to the lessee as soon as possible.
(4) The rate of the surface rent, whether fixed by the owner, occupier or by the Minister, shall be subject to revision by the Minister at intervals of five years.
(5) In fixing the surface rent payable, the Minister shall take into consideration the damage which may be done to the surface of the land by the mining or other operations of the lessee, for which compensation is payable.
(6) The lessee shall pay all expenses incurred by the Government in which surveying, measuring or otherwise ascertaining the extent of the land in respect of which surface rent is payable.
(7) If in the opinion of the Minister it is impracticable or undesirable to determine the extent of the land occupied or used by a mining lessee, the Minister may permit the lessee to pay surface rent at such rate as the Minister may determine over the whole area of the lease.