Malaysia legislation
Section 51
Section 51
(1)
Subject to subsection (2), (3) or (4) and the other provisions of this
Enactment, the holder of a prospecting licence or exploration licence may apply for one or more mining leases in respect of any part of the land which is subject to the licence.
(2)
Where the land in respect of which a prospecting licence or exploration licence has been granted consists, wholly or partly, of alienated land or occupied land, the right of the holder of the licence to be granted mining lease over such land shall be subject to the condition –
(a)
that the holder of the licence has the proprietorship of the land; or
(b)
that the holder of the licence has paid the cost of acquisition thereof and the land has been so acquired; and
(c)
that the Committee has recommended that the application be approved.
(3)
Where the land in respect of which a prospecting licence or exploration licence has been granted consists, wholly or partly, of reserved land or reserved forest area, the right of the holder of the licence to be granted mining lease over such land shall be subject to the condition –
(a)
that the reservation has been revoked; and
(b)
that the Committee has recommended that the application be approved.
(4)
Where the land in respect of which a prospecting licence or exploration licence has been granted consists, wholly or partly, of occupied land, the right of the holder of the licence to be granted a mining lease over such land shall be subject to the condition –
30
(a)
that the right of occupation has been terminated; and
(b)
that the Committee has recommended that the application be approved.
(5)
Subsections (2), (3) and (4) shall not apply where the holder of the prospecting licence or exploration licence applies for a mining lease in respect of any land beneath alienated land.
(6)
Where the area in respect of which a prospecting licence or exploration licence has been granted includes any land which may be subject to a claim under native customary rights, the holder of a prospecting licence or exploration licence, as the case may be –
(a)
may explore such land, subject to the terms and conditions specified in the prospecting licence or exploration licence;
(b)
shall during the term of the licence, identify with the assistance of the
Collector and conclude an agreement with the claimant to native customary rights in respect of any possible application by the holder of the prospecting licence or exploration licence for a mining lease, and if no such agreement can be reached between the parties within a reasonable period, the Minister shall intervene to determine the terms and conditions of such agreement in such manner as he may determine; and
(c)
shall append the agreement referred to in paragraph (b) to the prospecting licence or exploration licence for the purpose of applying for a mining lease.
Commencement of field exploration.