Section 63
Application for proprietary mining licence
—
(1)
An application for a proprietary mining licence shall be made by the owner of any alienated land to the Director in the prescribed form.
(2)
No proprietary mining licence shall be granted in respect of any area within a prospecting area in respect of which a prospecting licence has been granted except with the written consent of such licence holder.
(3)
An application for a proprietary mining licence shall include a pre-feasibility 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 the proprietary mining licence is issued);
(c)
a schedule of estimated annual raw ore production for the term of the proprietary mining licence; and
(d)
such other information as may be prescribed or requested by the Superintendent.
(4)
Upon receipt of an application under subsection (1), the
Director shall refer the application, with his comments, to the
Authority for decision under subsections (5) and (6).
(5)
In considering an application for a proprietary mining licence, 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.
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(6)
The Authority shall, as soon as practicable, determine whether the application should be—
(a)
approved, in whole or in part—
(i)
confirming that the applicant has complied with the requirements of this Ordinance; and
(ii)
specifying the terms and conditions subject to which the licence is to be granted; or
(b)
refused.
(7)
The Secretary shall notify the applicant and the
Superintendent in writing of its decision under subsection (6).
(8)
If the application for a proprietary mining licence is approved by the Authority, the Superintendent shall, as soon as practicable after being notified under subsection (7), and upon payment of the prescribed fee, direct the Registrar to register the instrument of proprietary mining licence and issue to the applicant a proprietary mining licence in Form E as set out in the Schedule subject to such terms and conditions as may be specified therein or as may be prescribed.
(9)
If the applicant fails to pay the prescribed fee for a proprietary mining licence within sixty days after being notified of its approval, such approval shall be deemed revoked.
(10)
Upon the registration of a proprietary mining licence in the register of proprietary mining licences—
(a)
the Registrar shall record or cause to be recorded an entry of such registration in the register wherein the title to the land licensed to be mined is recorded; and
(b)
the Registrar shall inform the Superintendent of any entry or memorial made or cancelled in the register document of title in respect of which the proprietary mining licence has been issued and the Superintendent shall, upon being so informed, make such necessary changes in the licence.
(11)
The rights and obligations of a proprietary mining licence shall, while such licence continues in force, attach to and be inseparable from the registered title to the land licensed to be mined.
(12)
A proprietary mining licence shall not be transferable or charged or dealt with otherwise than by means of and incidental to a transfer or charge of, or other dealing with, the title to the land licensed to be mined:
Provided that every transfer or charge of, or other dealing with, the said title shall extend to and include the mining rights conferred by such licence.