§182-1  Definitions.  In this chapter,if not inconsistent with the context:

"Board" means the board of land andnatural resources.

"Force majeure" means any fire,explosion, flood, volcanic activity, seismic or tidal wave, mobilization, war(whether declared or undeclared), act of any belligerent [of] any such war,riot, rebellion, the elements, power shortages, strike, lock-out, difference ofworkers, any cause which prevents the economic mining of the lease, or anyother cause beyond the reasonable control of the party affected, whether or notof the nature or character hereinabove specifically enumerated.

"Geothermal resources" means thenatural heat of the earth, the energy, in whatever form, below the surface ofthe earth present in, resulting from, or created by, or which may be extractedfrom, such natural heat, and all minerals in solution or other productsobtained from naturally heated fluids, brines, associated gases, and steam, inwhatever form, found below the surface of the earth, but excluding oil,hydrocarbon gas, other hydrocarbon substances, and any water, mineral insolution, or other product obtained from naturally heated fluids, brines,associated gases, and steam, in whatever form, found below the surface of theearth, having a temperature of 150 degrees Fahrenheit or less, and not used forelectrical power generation.

"Minerals" means any or all of theoil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver,bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, allores of aluminum and, without limitation thereon, all other mineral substancesand ore deposits whether solid, gaseous, or liquid, including all geothermalresources, in, on, or under any land, fast or submerged; but does not include sand,rock, gravel, and other materials suitable for use and used in generalconstruction.

"Mining lease" means a lease of theright to conduct mining operations, including geothermal resource development,on state lands and on lands sold or leased by the State or its predecessors ininterest with a reservation of mineral rights to the State.

"Mining operations" means the processof excavation, extraction, and removal of minerals, and the development of anyand all geothermal resources, from the ground, design engineering, otherengineering, erection of transportation facilities and port facilities,erection of necessary plants, other necessary operations or developmentapproved by the board preceding or connected with the actual extraction ofminerals and the development of geothermal resources.

"Occupier" means any person who ownsin fee the surface of the land or any person entitled to the possession of landunder a certificate of occupation, a nine hundred and ninety-nine yearhomestead lease, a right of purchase lease, a cash freehold agreement, and anyperson entitled to possession under a general lease from the State, and alsomeans and includes the assignee of any one of the above.

"Reserved lands" means those landsowned or leased by any person in which the State or its predecessors ininterest has reserved to itself expressly or by implication the minerals orright to mine minerals, or both.

"State lands" includes all public andother lands owned or in possession, use and control of the then Territory ofHawaii or the State of Hawaii, or any of its agencies and this chapter shallapply thereto. [L 1963, c 11, pt of §1; Supp, §99A-1; HRS §182-1; am L 1974, c241, §2; am L 1978, c 135, §1; am L 1990, c 207, §1; gen ch 1993]

 

Case Notes

 

  Reservation of mineral rights in royal patent issued on landcommission award, validity of.  49 H. 429, 421 P.2d 570.