PRECIOUS AND SEMI-PRECIOUS STONES (PROTECTION): SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Blue Star Diamonds Botswana (Pty) Ltd Precious Stones Security Area Order

Damtshaa Mine Precious Stones Security Area Order

Declaration of Precious Stones Regulations

Declaration of Semi-Precious Stones Regulations

Export and Import of Rough Diamonds Regulations

Diamond Technology Park Precious Stones Security Area Order

Diamond Trading Company Botswana Precious Stones Security Order

Diamonex Botswana Limited (Lerala Mining Lease) Precious Stones Security Area Order

Export Control (Semi-Precious Stones) Regulations

Ghaghoo Diamond Aka Gope Exploration Company Mining Lease No. 2010/57 Precious Stones Security Area Order

H & A Cutting Works Botswana (Pty) Ltd Precious Stones Security Area Order

Jwaneng Precious Stones Protection Areas Order

Jwaneng Precious Stones Protection Areas Regulations

Jwaneng Precious Stones Security Area Order

Laurelton Botswana (Pty) Ltd Precious Stones Security Area Order

Lazare Kaplan Botswana Precious Stones Security Area Order

Letlhakane Mine Precious Stones Protection Area Order

Letlhakane Mine Precious Stones Security Area Order

Orapa Precious Stones Protection Area Order

Orapa Precious Stones Security Area Order

Plunczenk Botswana (Pty) Ltd Precious Stones Security Area Order

Precious and Semi-Precious Stones (Forms) Regulations

Precious and Semi-Precious Stones (Protection) (BK11 Mining License No.2010/59L Precious Stones Security Area Order

Precious and Semi-Precious Stones (Protection) (Boteti Mining (Pty) Ltd Lease Area Mining Licence No. 2008/6L Precious Stones Security Area) Order

Precious and Semi-Precious Stones (Protection) (Security Area Permits) Regulations

Precious and Semi-Precious Stones (Search by X-Ray Apparatus) Regulations

Precious Stones Protection Areas Regulations

Semi-Precious Stones Regulations

Shrenuj Botswana (Pty) Ltd Precious Stones Security Area Order

Suashish Botswana (Pty) Ltd Precious Stones Security Area Order

Tache Diamonds Botswana (Pty) Ltd Precious Stones Security Area Order

Teemane Manufacturing Company Precious Stones Security Area Order

Tswapong Mine Precious Stones Security Area Order

ORAPA PRECIOUS STONES PROTECTION AREA ORDER

(section 25)

(23rd February, 1973)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

   1.   Citation

   2.   Declaration of precious stones protection area

      Schedule

S.I. 16, 1973.

1.   Citation

   This Order may be cited as the Orapa Precious Stones Protection Area Order.

2.   Declaration of precious stones protection area

   The area described in the Schedule hereto is declared to be a Precious Stones Protection Area.

SCHEDULE

   The area lying within a square of sides nineteen point three zero eight (19,308) kilometres whose sides are parallel to and three point two one eight (3,218) kilometres outside the boundaries of the Mining Lease Area No. 1-NO situate in the Central Administrative District and shown on Diagram DSL 10/70, but excluding the Mining Lease Area No. 1-NO. This area is equal to two hundred and seven point two zero (207,20) square kilometres, and is to be marked at the four corners by four beacons, each four point five five one (4,551) kilometres northwest, northeast, southwest and southeast of the northwest, northeast, southwest and southeast corner beacons of Mining Lease Area No. 1-NO respectively.

JWANENG PRECIOUS STONES PROTECTION AREAS ORDER

(section 25)

(20th July, 1979)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

   1.   Citation

   2.   Interpretation

   3.   Declaration of precious stones protection areas

      Schedule

S.I. 59, 1979,
S.I. 91, 1979.

1.   Citation

   This Order may be cited as the Jwaneng Precious Stones Protection Areas Order.

2.   Interpretation

   In this Order-

   "Jwaneng precious stones security area" means the precious stones security area declared by the Jwaneng Precious Stones Security Area Order;

   "Jwaneng Township" means Jwaneng Township as declared by the Declaration of Jwaneng Township Order.

3.   Declaration of precious stones protection areas

   Each of the areas specified in Parts I and II respectively of the Schedule is declared to be a precious stones protection area.

SCHEDULE
PRECIOUS STONES PROTECTION AREAS

(para. 2)

PART I
JWANENG PRECIOUS STONES PROTECTION AREA 1

   The area comprising the Jwaneng Planning Area, the boundaries of which are delineated on Plan No. KN-6 deposited with the Director of Surveys and Lands, Gaborone, but excluding therefrom the Jwaneng precious stones security area and Jwaneng Township.

PART II
JWANENG PRECIOUS STONES PROTECTION AREA 2

   Jwaneng Township.

JWANENG PRECIOUS STONES PROTECTION AREAS REGULATIONS

(section 25)

(20th July, 1979)

ARRANGEMENT OF REGULATIONS

   REGULATION

   1.   Citation and application

   2.   Interpretation

   3.   Residence in protection area 1

   4.   Residence in protection area 2

   5.   Householder permit

   6.   Application for permit

   7.   Grounds for granting permit

   8.   Rights and obligations of holder of householder permit

   9.   Termination of householder permit

   10.   Removal of unauthorized person

   11.   Removal of suspected persons

   12.   Search of suspected persons

   13.   Prohibition on return

   14.   Exclusion of persons

   15.   Duty to demarcate and survey a protection area

   16.   Beacons and plates attached thereto

   17.   Line marks

   18.   Ancillary marks and plates attached thereto

   19.   Five metre belt aligned and centred upon boundary line

   20.   Conditions of boundary marks

   21.   Damage to boundary marks

   22.   Duties of Jwaneng Town Council and mining company

   23.   Offences and penalties

   24.   Non-application of S.I. 15 of 1975

      First Schedule - Jwaneng Householder Permit

      Second Schedule - Jwaneng Householder Permit Application Form

S.I. 60, 1979,
S.I. 92, 1979,
S.I. 92, 1980.

1.   Citation and application

   These Regulations may be cited as the Jwaneng Precious Stones Protection Areas Regulations, and shall apply to the Jwaneng protection areas only.

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "authorized person" means any person authorized by the lawful authority to do anything in accordance with these Regulations;

   "householder permit" means a householder permit granted under regulation 5;

   "Jwaneng protection areas" means protection areas 1 and 2;

   "Jwaneng Township" or "township" means the Jwaneng Township as declared by the Declaration of Jwaneng Township Order;

   "lawful authority" means, in respect of-

   (a)   protection area 1, the Ngwaketse Land Board; and

   (b)   protection area 2, the Jwaneng Town Council, established by the Jwaneng Township Regulations;

   "mining company" means De Beers Botswana Mining Company (Proprietary) Limited or its successors-in-title;

   "protection area 1" means the area specified in Part I of the Schedule to the Jwaneng Precious Stones Protection Areas Order;

   "protection area 2" means the area specified in Part II of the Schedule to the Jwaneng Precious Stones Protection Areas Order.

3.   Residence in protection area 1

   No person shall reside within protection area 1 without permission of the lawful authority granted in accordance with the provisions of the Tribal Land Act.

4.   Residence in protection area 2

   Notwithstanding that any person has a lease to property, a certificate of occupancy, a State grant or any other title document to a residential plot or premises, no person shall reside within protection area 2 without permission of the lawful authority granted in accordance with the provisions of these Regulations.

5.   Householder permit

   (1) Permission to reside within protection area 2 shall be granted by the issue of a householder permit by the lawful authority as set out in the First Schedule:

   Provided that, in the case of the mining company, all employees of the mining company shall be covered by the householder permit of the company and such employees shall not be required to obtain separate householder permits, except that where any person ceases to be employed by the mining company such person shall be required to obtain a householder permit from the lawful authority in accordance with these Regulations.

   (2) A householder permit issued under subregulation (1) shall not be transferable and shall not confer on the holder any right, title or other interest in the premises therein.

   (3) A householder permit issued under subregulation (1) shall be for such period as the lawful authority may determine and such permit may be issued subject to such terms and conditions as the lawful authority may in each case determine.

6.   Application for permit

   Every person desirous of applying for a householder permit shall make an application by completing the form set out in the Second Schedule.

7.   Grounds for granting permit

   (1) In considering an application for a householder permit the lawful authority shall first be satisfied-

   (a)   that the applicant is duly qualified to assume responsibility as a householder for the performance of the obligations attaching to him as a holder of a householder permit;

   (b)   that the applicant-

      (i)   is a contractor to the mining company or is an employee of such contractor, such application having been supported in writing by the mining company;

      (ii)   is suitably qualified and experienced to provide services necessary or desirable in the township; or

      (iii)   is able to support himself and his dependants;

   (c)   that the report of the Botswana Police Force on the applicant is satisfactory; and

   (d)   as to any other matter as the lawful authority may consider appropriate in the circumstances.

   (2) Notwithstanding subregulation (1), the lawful authority shall not issue a householder permit to any person who has been convicted of an offence relating to precious stones either in Botswana or elsewhere.

8.   Rights and obligations of holder of householder permit

   (1) Subject to subregulation (2), a householder permit shall permit the holder thereof to have any person, whether or not such person is a member of his family, to reside with him.

   (2) The householder shall ensure that at no time shall the number of persons staying or residing at the premises covered by a householder permit exceed the maximum number specified in such permit:

   Provided that this subregulation shall not apply to the mining company.

   (3) The lawful authority shall, with the consent of the Minister, make a determination of the maximum number of persons permitted to reside in each type of house constructed in the township from time to time.

   (4) For the purposes of this regulation "persons" does not include children and dependants of a householder under the age of 18 years or his spouse.

   (5) The mining company shall bring the requirements of this regulation to the attention of its employees, and for the purposes of this regulation any employee of the mining company shall be deemed to be a householder.

9.   Termination of householder permit

   (1) A householder permit may be terminated by the lawful authority upon giving the holder of such permit not less than seven days' notice of the termination, in writing, if any of the following grounds exist-

   (a)   the holder of a householder permit has been convicted of any offence relating to precious stones, either in Botswana or elsewhere;

   (b)   there are reasonable grounds to suspect that the holder of a householder permit is connected, or has at any time been connected, with the commission of an offence relating to precious stones, either in Botswana or elsewhere;

   (c)   the holder of a householder permit is in breach of-

      (i)   these Regulations or any conditions of a householder permit; or

      (ii)   any bye-law, regulation, rule or order lawfully binding on him, and fails to comply with a request to correct such breach before the expiry of the notice given under this regulation;

   (d)   the holder of a householder permit is convicted of an offence under these Regulations; or

   (e)   the holder of the householder permit otherwise ceases to qualify for a permit in accordance with the provisions of regulation 7:

   Provided that the lawful authority may extend the period of notice of termination where special circumstances exist justifying such extension.

   (2) The mining company shall terminate the employment of any person on being required to do so by the lawful authority if the lawful authority has determined that any of the grounds mentioned in subregulation (1) exist in regard to such employee and any employee of the mining company shall be deemed to be a holder of the householder permit for the purposes of subregulation (1):

   Provided that the mining company may appeal to the Minister against the determination of the lawful authority and the decision of the Minister shall be final.

   (3) Any person may appeal to the Minister against the decision of the lawful authority terminating his householder permit and the decision of the Minister shall be final.

10.   Removal of unauthorized person

   (1) Any person who remains within the Jwaneng protection areas without permission in accordance with the provisions of these Regulations may, after being given 12 hours' written notice by the lawful authority to remove himself from such areas, be removed therefrom-

   (a)   in the case of protection area 1, by an officer of the Local Police Force or a police officer; and

   (b)   in the case of protection area 2, by a police officer.

   (2) Any person who resists his removal by an officer of the Local Police Force or a police officer in accordance with subregulation (1) shall be guilty of an offence and be liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

   (3) For the purposes of this regulation an "officer of the Local Police Force" has the same meaning as is ascribed to "officer" in the Local Police Act.

11.   Removal of suspected persons

   (1) Without prejudice to any powers conferred on police officers by any other written law, a police officer who-

   (a)   has reason to believe that any person has previously been convicted of an offence relating to precious stones in Botswana or elsewhere; or

   (b)   suspects, on reasonable grounds, that any person is connected, or has at any time previously been connected, with the commission of an offence relating to precious stones in Botswana or elsewhere,

may-

      (i)   in the case of a holder of a householder permit, report the matter to the lawful authority for its consideration as to the termination of such permit;

      (ii)   in the case of an employee of the mining company, report the matter to the lawful authority for its determination as to whether the services of such employee with the mining company should be terminated; or

      (iii)   in the case of a person not being a holder of a householder permit, order such person to leave, and upon refusal may remove him or cause him to be removed.

   (2) Any person who resists his removal by a police officer in accordance with subregulation (1)(b)(iii) shall be guilty of an offence and be liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

12.   Search of suspected persons

   If the lawful authority has reason to believe that there is a breach of the provisions of these Regulations, a police officer shall, on request by a lawful authority, search any premises for the purpose of ascertaining whether or not there is compliance with these Regulations.

13.   Prohibition on return

   No person who has been directed to leave or has been removed from any Jwaneng protection area, in accordance with the provisions of regulation 10 or 11, shall, within a period of three months of being ordered to leave or being removed, return to such area without written permission from the lawful authority.

14.   Exclusion of persons

   (1) The Minister may order the exclusion of any person who has previously been removed from a protection area from entering a protection area for any reason:

   Provided that such person shall be served with a written notice to that effect by the Minister and, where the Minister is unable to ascertain his whereabouts, publication of such notice in the Gazette shall be sufficient for the purposes of this regulation.

   (2) Any person who enters any protection area when the exclusion order is still in force shall be guilty of an offence and be liable to a fine not exceeding P300 or to imprisonment for a term not excluding six months, or to both.

15.   Duty to demarcate and survey a protection area

   (1) The respective protection areas shall be demarcated or caused to be demarcated by the following bodies at their expense-

   (a)   in respect of the outer boundary of protection area 1, the mining company; and

   (b)   in respect of the outer boundary of protection area 2, the Jwaneng Town Council:

   Provided that where the boundaries of the protection areas are contiguous the responsibility to demarcate and maintain such boundaries shall be on the mining company.

   (2) Each corner beacon of the Jwaneng protection areas shall be surveyed separately and the respective plans, on which shall be shown the co-ordinates of the corner points of such protection areas, shall be submitted for approval to the Director of Surveys and Lands and the Mining Commissioner.

16.   Beacons and plates attached thereto

   (1) Whenever the boundary of a protection area changes its direction a beacon shall be erected.

   (2) Each beacon shall be of the type prescribed in the Mines and Minerals (Demarcation of Mining Lease Areas) Regulations, except that the plate shall conform with the provisions of subregulations (3) and (4).

   (3) Each beacon shall bear a plate firmly affixed to one side of it, near the top thereof.

   (4) Each plate shall be made of metal or other durable material, e.g. plastic, and shall measure at least 30 cm by 23 cm and shall have engraved or stamped and kept legible upon it, in both the English and Setswana languages, in respect of each of the protection areas, the following particulars-

   (a)   "Jwaneng Precious Stones Protection Area 1-Residence restricted by order of the Ngwaketse Land Board."; and

   (b)   "Jwaneng Precious Stones Protection Area 2-Residence restricted by order of the Jwaneng Town Council.".

17.   Line marks

   (1) Line marks shall be erected at intervals of not more than 1000 m along the sides of each protection area.

   (2) Each line mark shall conform with the requirements of an ancillary mark as prescribed in the Mines and Minerals (Demarcation of Mining Lease Areas) Regulations, except that it shall protrude 1,50 m above the ground, and a plate conforming with regulation 16(3) and (4) and bearing the same inscription thereon, in both the English and Setswana languages, shall be affixed to it, so that the bottom of the plate shall be at least 1 m and 10 cm above the ground.

   (3) Where a public road runs along the outer boundary of a protection area, the line marks shall be replaced by ancillary marks, as defined in regulation 18, and shall be placed on the side of the road which lies within the protection area, with the plate facing the road.

18.   Ancillary marks and plates attached thereto

   (1) Ancillary marks shall be erected where the boundary line of a protection area is crossed by a road or track and shall be identical to line marks in regulation 17, except that the plate shall measure at least 1 m by 60 cm, and shall be placed so that its base is at least 80 cm above ground level.

   (2) Each plate shall have engraved or stamped and kept legible upon it, in both the English and Setswana languages, in respect of each of the protection areas, the same particulars as will appear on the plate of the beacons in accordance with regulation 16(3) and (4).

19.   Five metre belt aligned and centred upon boundary line

   A belt aligned and centred from the boundary line of each protection area and having a width of at least 5 m (equivalent to two parallel cuts with a bulldozer) shall be cleared and kept completely free of bush, scrub, trees, and overhanging branches of trees by the body responsible for demarcating the protection area in accordance with regulation 15.

20.   Conditions of boundary marks

   All beacons, line marks, ancillary marks and plates shall be kept in good order-

   (a)   in respect of protection area 1, by the mining company; and

   (b)   in respect of protection area 2, by the Jwaneng Town Council.

21.   Damage to boundary marks

   No person shall damage, deface or alter the position of any beacon, line mark, ancillary mark or plate established in accordance with these Regulations.

22.   Duties of Jwaneng Town Council and mining company

   The Jwaneng Town Council and the mining company shall once in every calendar year before the end of the second quarter thereof send to the Mining Commissioner, by registered post, a certificate each signed by each of them or their duly authorized representative stating, if the requirements of regulations 19 and 20 have been complied with by each one of them, that they have been complied with.

23.   Offences and penalties

   (1) Any person who contravenes the provisions of regulation 3, 4, 8, 13 or 21 shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

   (2) If the mining company or the Jwaneng Town Council fails-

   (a)   to demarcate the relevant protected area as required by regulation 15; or

   (b)   to comply with the provisions of regulation 19, 20 or 22,

it shall be guilty of an offence and liable to a fine not exceeding P500.

24.   Non-application of S.I. 15 of 1975

   The provisions of the Precious Stones Protection Areas Regulations shall not apply to the Jwaneng protection areas.

FIRST SCHEDULE
JWANENG HOUSEHOLDER PERMIT

(reg. 5)

*

.........................................................................................................................................

.........................................................................................................................................

for a period of** ..................................................................................................................

with effect from*** ..............................................................................................................

   2. The permit holder may have any person, whether or not a member of his family, to stay with him. He must, however, ensure that at no time shall the total number of persons (excluding children under 18 years) staying at the premises exceed ......................... persons.

   3. This permit shall be personal to the permit holder and shall in no way confer on him any right, title or other interest in the premises herein referred to and is not transferable.

   4. Any other terms and conditions ...................................................................................

.........................................................................................................................................

.........................................................................................................................................

.........................................................................................................................................

.........................................................................................................................................

.........................................................................................................................................

.........................................................................................................................................

.........................................................................................................................................

Date ..................................................................................................................................
Jwaneng Local Authority

SECOND SCHEDULE
JWANENG HOUSEHOLDER PERMIT APPLICATION FORM

(reg. 6)

* ........................................................................................................

2.   Date and place of birth ...................................................................................................

3.   Nationality ....................................................................................................................

4.   Family details (if any):

   (a)    Name of spouse .................................................................................................

   (b)   Name(s) of children under 18 years .......................................................................

      ...........................................................................................................................

5.   Present address ............................................................................................................

   .....................................................................................................................................

6.   Permanent home address ..............................................................................................

   .....................................................................................................................................

7.   Place of residence within the last two years .....................................................................

   .....................................................................................................................................

   .....................................................................................................................................

8.   Name and address of employer (if any) ...........................................................................

   .....................................................................................................................................

   .....................................................................................................................................

9.   Description of premises for which residence permission is applied for** .............................

   .....................................................................................................................................

   .....................................................................................................................................

   .....................................................................................................................................

10. Have you ever been convicted of an offence relating to precious stones either in Botswana or elsewhere?

   .....................................................................................................................................

11. Description of intended employment or occupation (including self-employment), and details of education, academic qualifications or skills (if any)

   .....................................................................................................................................

   .....................................................................................................................................

   .....................................................................................................................................

   .....................................................................................................................................

12. Any other information which you may wish to provide:

   .....................................................................................................................................

   .....................................................................................................................................

   .....................................................................................................................................

   .....................................................................................................................................

13.   I agree to observe and perform the terms and conditions of the permit issued to me pursuant to this application should my application be successful.

DATED this ................................... day of ........................................................, 20............

.......................................................
Applicant

For Official use only

Report upon the above application

..........................................................
Botswana Police Force

PRECIOUS STONES PROTECTION AREAS REGULATIONS

(under section 25(2))

(23rd February, 1973)

ARRANGEMENT OF REGULATIONS

   REGULATION

   1.   Citation

   2.   Interpretation

   3.   Prohibited activities within a protected area

   4.   Movement into and within protected area

   5.   Order to leave a protected area

   6.   Duty of holder of mining lease to demarcate and survey a protected area

   7.   Beacons and plates attached thereto

   8.   Line marks

   9.   Ancillary marks and plates attached thereto

   10.   Five metre belt aligned

   11.   Conditions of boundary marks

   12.   Prohibitions in respect of boundary marks

   13.   Duty of mining lessee whose area is surrounded by a protected area

   14.   Offences and penalties

S.I. 15, 1973.

1.   Citation

   These Regulations may be cited as the Precious Stones Protection Areas Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "ancillary mark" means a mark marking the position of a boundary line of a protected area where such a boundary line is crossed by a railway, road or track;

   "line mark" means a mark other than an ancillary mark or beacon marking the position of the boundary line of a protected area;

   "plate" means a plate prescribed by regulation 7(2);

   "protected area" means an area declared by the President to be a precious stones protection area under section 25 of the Act;

   "trade" means to carry on the business of selling goods.

3.   Prohibited activities within a protected area

   Within a protected area no person shall, unless he is permitted to do so by a person having lawful authority-

   (a)   trade;

   (b)   have vehicles plying for hire;

   (c)   reside;

   (d)   camp; or

   (e)   use by vehicle or otherwise the cleared firebreak where the firebreak bounds a mining lease area which is enclosed by a protected area except for the purpose of maintaining the firebreak.

4.   Movement into and within protected area

   (1) Any person requesting permission to visit a mining lease area which is enclosed by a protected area and being refused such permission shall immediately leave the protected area, and remain outside such area unless changed circumstances give reasonable ground to expect that he will then be admitted to the mining lease area.

   (2) Any person resident in or visiting the mining lease area and who is leaving temporarily or permanently shall leave the protected area forthwith.

5.   Order to leave a protected area

   Every person shall leave a protected area when ordered to do so by a police officer and shall not return to such area without good and sufficient cause within a period of three months of being ordered to leave.

6.   Duty of holder of mining lease to demarcate and survey a protected area

   (1) As soon as possible after any area has been declared to be a protected area the holder of the mining lease whose mining lease area is enclosed by the protected area shall cause such area to be demarcated in accordance with the provisions of these Regulations.

   (2) The holder of a mining lease shall cause each corner beacon to be surveyed separately in its relationship to the mining lease area and shall submit a plan of the protected area on which shall be shown the co-ordinates of the corner points of the protected area for the approval of the Director of Surveys and Lands and the Mining Commissioner.

7.   Beacons and plates attached thereto

   (1) Whenever the boundary of a protected area changes its direction a beacon shall be erected.

   (2) Each beacon shall be of the type prescribed in the Mines and Minerals (Demarcation of Mining Lease Areas) Regulations, except that the plate shall conform with the provisions of subregulations (3) to (5).

   (3) Each beacon shall bear a plate firmly affixed to one side of it, near the top thereof.

   (4) Each plate shall be made of metal or other durable material e.g. plastic, and shall measure at least 30 by 23 centimetres.

   (5) Each plate shall have engraved or stamped and kept legible upon it the following particulars in the following order-

   (a)   the words "Precious Stones Protection Area" in English and Setswana;

   (b)   the name of the holder of the mining lease whose mining lease area is enclosed by the protected area e.g. "Protected area for the mining lease held by A.B.C. Mining Company."; and

   (c)   the number of the mining lease e.g. "S.G. (M.L.) 10/71".

8.   Line marks

   (1) Line marks shall be erected at intervals of not more than 1000 metres along the sides of each protected area.

   (2) Each line mark shall conform with the requirements for an ancillary mark prescribed in the Mines and Minerals (Demarcation of Mining Lease Areas) Regulations, except that it shall protrude one and one half metres above the ground, and a plate conforming with regulation 7(3) to (5) and bearing the same inspection thereon, shall be affixed to it, so that the bottom of the plate shall be at least one metre and 10 centimetres above the ground.

   (3) Where a public road runs along the outer boundary of a precious stones protection area, the line marks shall be replaced by ancillary marks as defined in regulation 9, and shall be placed on the side of the road which lies within the precious stones protection area, with the plate facing the road.

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