Section 48 — Minerals Ordinance, 2004

(2)

A mining lease may be renewed in whole or in part for a term based on the economic life of the mine or mining operations but such renewal shall not exceed twenty-one years, provided that the

Authority may reduce, vary or increase the area covered by the lease.

(3)

An application for renewal of a mining lease shall be made to the Authority in the prescribed form at least twelve months prior to the expiry of the mining lease.

(4)

The Registrar shall, as soon as practicable upon receiving the application for renewal of a mining lease, cause to be registered the application in such manner as may be prescribed.

(5)

Where an application for renewal of a mining lease is made to the Authority at least twelve months prior to the expiry of the lease, the Authority may renew the lease if—

(a)

the lessee has complied with the terms and conditions specified in the original lease;

(b)

the lessee has complied with the requirements of this

Ordinance;

(c)

the lessee can show to the satisfaction of the Authority that there are mineral reserves to justify a renewal or there is a need to maintain the property for use as an integral part of the mining operations on the adjoining mining land; and

(d)

in the case of an application for renewal of a mining lease authorizing a large scale operation, a modified mine rehabilitation plan has been approved.

(6)

Where the application to renew a mining lease is refused by the Authority, the Secretary shall notify the lessee in writing of its decision stating the reasons therefor.

(7)

Any person aggrieved by the refusal of the Authority to renew a mining lease under subsection (6) may, within thirty days after being notified of such refusal, appeal in writing to the Majlis

Mesyuarat Kerajaan Negeri whose decision shall be final.

(8)

As soon as practicable after an application for the renewal of a mining lease is approved, the Registrar shall cause an endorsement of such approval under his signature and seal, including the new expiry date of the mining lease, to be recorded in the register and on the mining lease itself.

(9)

If an application for renewal of a mining lease is made to the Director—

43

(a)

at least twelve months prior to the expiry of the lease;

and

(b)

the term of the lease would, but for this subsection, expire, the lease shall continue in force in respect of the land to which the application relates until the application is determined.

(10)

Where an application for renewal of a mining lease is made less than twelve months prior to the expiry of the lease, the

Authority may approve the application if it satisfies the conditions specified in subsection (5) but shall impose on the lessee, upon renewal of the lease a late filing fee of such amount as may be prescribed.

Transfer of mining lease or certificate