Section 32
Application for grant of mining lease by holder of prospecting licence
—
(1)
Subject to subsection (2), (3) or (4) and the other provisions of this Ordinance, the holder of a prospecting licence may apply for one or more mining leases or certificates in respect of any part of the land which is subject to the licence.
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(2)
Where the land in respect of which a prospecting licence has been granted consists, wholly or partly, of alienated land, the right of the holder of the licence to be granted mining lease or certificate over such land shall be subject to the condition—
(a)
that the holder of the licence is the registered owner of the land; or
(b)
that the holder of the licence will acquire the land and the cost of such acquisition has been paid; and
(c)
that the Authority has recommended that the application be approved.
(3)
Where the land in respect of which a prospecting licence has been granted consists, wholly or partly, of reserved land or reserved forest area, the right of the holder of the licence to be granted mining lease or certificate over such land shall be subject to the condition—
(a)
that the reservation has been revoked; and
(b)
that the Authority has recommended that the application for mining lease or certificate be approved.
(4)
Where the land in respect of which a prospecting licence has been granted consists, wholly or partly, of occupied land, the right of the holder of the licence to be granted a mining lease or certificate over such land shall be subject to the condition—
(a)
that the right of occupation has been validly terminated; and
(b)
that the Authority has recommended that the application be approved.
(5)
Subsections (2), (3) and (4) shall not apply where the holder of the prospecting licence applies for a mining lease or certificate in respect of any land beneath alienated land.
(6)
Where the area in respect of which a prospecting licence has been granted includes any land which may be subject to a claim under native customary rights, the holder of a prospecting licence—
(a)
may undertake prospecting activities on such land, subject to the terms and conditions specified in the prospecting licence;
(b)
shall during the term of the licence, identify with the assistance of the Superintendent and conclude an agreement with, the lawful claimants to native customary rights in respect of any possible application by the holder of the prospecting licence for a mining lease or certificate, and if no such agreement can be reached between the parties within a reasonable period, the
Authority shall intervene to determine the terms and conditions of such agreement in such manner as it may determine; and
(c)
shall append the agreement referred to in paragraph (b)
to the prospecting licence for the purpose of applying for a mining lease or certificate.