Malaysia legislation

Section 41

of Mineral Enactment 1999

Section 41

(1)

An application for a prospecting licence or exploration licence shall be made to the Minister in the prescribed form.

(2)

Upon receipt of an application under subsection (1), the Minister shall refer the application to the Committee for its recommendation.

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(3)

In considering an application for a prospecting licence or exploration licence for the purpose of making its recommendation, the Committee shall verify that the applicant –

(a)

has complied with the requirements of this Enactment; and

(b)

is technically and financially qualified to explore the area to which the application relates.

(4)

The Committee shall, as soon as practicable after considering the application, transmit to the Minister its report and recommendation whether the application should be –

(a)

approved, in whole or in part –

(i)

confirming that the applicant has complied with the requirements of this Enactment; and

(ii)

specifying the terms and conditions subject to which the prospecting licence or exploration licence, as the case may be, is to be granted; or

(b)

refused.

(5)

On receipt of the report and recommendation by the Committee under subsection (4), the Minister may approve or refuse the application whether or not the

Committee recommends the approval of the application or the refusal thereof and the decision of the Minister shall be final.

(6)

The Minister shall notify –

(a)

the applicant;

(b)

the Committee; and

(c)

the Director, in writing of its decision under subsection (5).

(7)

If the application for a prospecting licence or exploration licence is approved the Director shall, as soon as practicable after being notified under paragraph (6)(c), and

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upon payment of the prescribed fee and the first year's holding fee, register the instrument of the licence and issue to the applicant –

(a)

a prospecting licence in Form D as set out in Schedule I subject to such terms and conditions as may be specified therein or as may be prescribed; or

(b)

an exploration licence in Form E as set out in Schedule I subject to such terms and conditions as may be specified therein or as may be prescribed, as the case may be.

(8)

If the applicant fails to pay the prescribed fee and the first year's holding fee as required under subsection (7) within sixty days after being notified of the approval of the prospecting licence or exploration licence, as the case may be, such approval shall be deemed revoked.

Statutory conditions of prospecting licence or exploration licence.

Section 41 — Mineral Enactment 1999 | mylaw.my