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



"Board" means the board of land and
natural 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 of
workers, any cause which prevents the economic mining of the lease, or any
other cause beyond the reasonable control of the party affected, whether or not
of the nature or character hereinabove specifically enumerated.



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



"Minerals" means any or all of the
oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver,
bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, all
ores of aluminum and, without limitation thereon, all other mineral substances
and ore deposits whether solid, gaseous, or liquid, including all geothermal
resources, 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 general
construction.



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



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



"Occupier" means any person who owns
in fee the surface of the land or any person entitled to the possession of land
under a certificate of occupation, a nine hundred and ninety-nine year
homestead lease, a right of purchase lease, a cash freehold agreement, and any
person entitled to possession under a general lease from the State, and also
means and includes the assignee of any one of the above.



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



"State lands" includes all public and
other lands owned or in possession, use and control of the then Territory of
Hawaii or the State of Hawaii, or any of its agencies and this chapter shall
apply thereto. [L 1963, c 11, pt of §1; Supp, §99A-1; HRS §182-1; am L 1974, c
241, §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 land
commission award, validity of.  49 H. 429, 421 P.2d 570.