Section 44 — Minerals Ordinance, 2004

(2)

An application for a mining lease shall include a prefeasibility study which shall include—

(a)

a general description of the proposed mining scheme;

(b)

the expected commencement date of mineral production (to be stated as the number of months from the date of issuance of the mining lease);

(c)

a schedule of estimated annual raw ore production for the term of the mining lease;

(d)

such information as may be prescribed; and

(e)

such other information as the Authority may reasonably require for the discharge of its functions in relation to the application.

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(3)

Upon receipt of the comments and recommendations of the

Director under subsection (1), the Authority shall consider the application.

(4)

In considering an application for a mining lease, the

Authority shall verify that the applicant—

(a)

has complied with the requirements of this Ordinance;

and

(b)

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

(5)

The Authority shall subject to section 50 either—

(a)

approve the application:

(i)

confirming that the application has complied with the requirements of this Ordinance; and

(ii)

specifying the terms and conditions subject to which the lease is to be granted; or

(b)

refuse to approve the application.

(6)

The Secretary shall notify the applicant and the Director in writing of its decision under subsection (5).

(7)

If the application for a mining lease is granted, the Director shall, as soon as practicable—

(a)

upon payment of the prescribed fee;

(b)

upon payment of the first year’s rent;

(c)

subject to compliance with boundary survey requirements under section 46(1) and upon payment of the survey fee, if the survey was carried out by a land surveyor; and

(d)

upon payment of the fee for mining lease plan, cause to be issued to the applicant a mining lease in Form C as set out in the Schedule—

(i)

subject to such terms and conditions as may be specified therein or as may be prescribed; and

(ii)

stating the type of mineral in respect of which the holder of the mining lease may be permitted to mine.

(8)

If the applicant fails to pay the prescribed fee, the first year’s rent and the survey fee required under subsection (7)(c) within sixty days after being notified of the approval of the mining lease, such approval shall be deemed revoked.

Right to mine contingent on obtaining approval of mine feasibility study, plan for rehabilitation, etc.