PENGHAKIMAN

On 2.10.2001, the appellant filed an appeal against the decision of the Merinyu Kanan Galian Negeri Perak Darul Ridzuan made on 4.9.2001. The said appeal was filed in accordance with the provisions of Section 107 of the Mining Enactment (FMS Cap 147) which allows any party aggrieved by any decree, order or decision made or given by a Senior Inspector of Mines to appeal within 30 days from the date of the decree, order or decision.

The notice of appeal filed by the appellant has cited three parties as the respondent namely, Rimba Raya Sdn. Bhd., the Pengarah Tanah dan Galian, Perak and the Kerajaan Negeri Perak. The appeal is against the decision of the Senior Inspector of Mines cancelling the licence of the appellant. At the early stage of the hearing of the matter, the first respondent, Rimba Raya Sdn. Bhd. was taken out leaving behind only the Pengarah Tanah dan Galian Perak and Kerajaan Negeri Perak as the respondents in this appeal.

Briefly, the facts of the case states that the appellant was issued with a Lesen Perlombongan Hidraulik Bil. KR 2/2001 on 6.8.2001 with a validity period from 3.7.2001 to 2.7.2002. By a letter dated 27.8.2001, the appellant was informed b