Malaysia legislation
Section 43
Section 43
(1)
Subject to this section -
(a)
a prospecting licence shall be issued for a term not exceeding two years; and
(b)
an exploration licence shall be issued for a term not exceeding ten years.
(2)
An application for renewal of a prospecting licence or exploration licence shall be made to the Minister in the prescribed form –
(a)
in the case of a prospecting licence, at least six months; and
(b)
in the case of an exploration licence, at least twelve months, prior to the expiry of the prospecting licence or exploration licence, as the case may be.
(3)
The Minister or any officer authorised in writing by him shall, as soon as practicable upon receipt of the application for renewal of a prospecting licence or exploration licence as the case may be, register the application in such manner as may be prescribed.
(4)
Where an application for renewal of a prospecting licence is made to the
Minister at least six months prior to the expiry of the licence, the Minister or any officer
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authorised in writing by him shall, within three months from the date of its registration, renew the licence for a further period not exceeding two years if –
(a)
the holder of the licence has complied with the terms and conditions specified in the licence;
(b)
the holder of the licence has complied with the provisions of this
Enactment;
(c)
the holder of the licence can show to the satisfaction of the Minister or any officer authorised in writing by him that further prospecting is justified; and
(d)
the total duration of the prospecting licence including any renewal does not exceed four years.
(5)
Where an application for renewal of an exploration licence is made to the
Minister at least twelve months prior to the expiry of the licence, the Minister or any officer authorised in writing by him shall, within six months from the date of its registration, renew the licence for a further period not exceeding five years if –
(a)
the holder of the licence has complied with the terms and conditions specified in the licence;
(b)
the holder of the licence has complied with the requirements of this
Enactment;
(c)
the holder of the licence can show to the satisfaction of the Minister or any officer authorised in writing by him that further exploration is justified; and
(d)
the total duration of the exploration licence including any renewal does not exceed fifteen years.
(6)
Where an application for renewal is made to the Minister –
(a)
in the case of a prospecting licence, less than six months; or
(b)
in the case of an exploration licence, less than twelve months,
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prior to the expiry of the prospecting licence or exploration licence, as the case may be, the Minister may –
(i)
consider approving the application if the holder of the licence satisfies the conditions specified in subsection (4) or (5); but shall impose on such holder, upon renewal of the licence, a late filing fees of such amount as may be prescribed; or
(ii)
refuse the application.
(7)
Any decision –
(a)
of the Minister or any officer authorised in writing by him under subsection (4) or (5); or
(b)
of the Minister under subsection (6), shall be final.
Terms and conditions and endorsement upon renewal of licence.