Section 70
Section 70
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(1)
Where any land in respect of which a prospecting licence has been granted includes any reserved land or reserved forest area, the holder of the prospecting licence shall not carry out any prospecting activities, other than that conducted from aerial observation or by remote sensing methods, in respect of the reserved land or reserved forest area unless the prospecting activities are carried out in such manner and subject to such requirements as may be prescribed under the law declaring or constituting the reservation.
(2)
Subject to subsection (3), where the law under which the reservation is declared or constituted does not prescribe the manner in which any prospecting activities shall be carried out then the holder of the prospecting licence shall not carry out any prospecting activities, other than that conducted from aerial observation or by remote sensing methods, in respect of the reserved land or reserved forest area unless the holder thereof has obtained prior written permission of the officer for the time being having the control over such land before commencing prospecting activities.
(3)
Where a temporary occupation licence or a similar right to use the land has been granted over any reserved land or reserved forest area, as the case may be, the holder of the prospecting licence shall not carry out any prospecting activities, other than that conducted from aerial observation or by remote sensing methods, in respect of the land unless the holder thereof has obtained prior written permission of the holder of the temporary occupation licence or a similar right.
(4)
The holder of a prospecting licence shall respect the rights of claimants to native customary rights pertaining to the area covered by the licence.
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