Malaysia legislation

Section 54

of Mineral Enactment 1999

Section 54

(1)

The holder of a prospecting licence or exploration licence shall keep and properly label a representative portion of all samples which have been used for the

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determination of a mineral deposit discovered under section 53(1) for the duration of the prospecting licence or exploration licence, as the case may be.

(2)

If drill core samples have been used for the determination of a mineral deposit under section 53(1), the core samples shall first be split along the middle, with one part of the split sample labelled and kept in core-box, in such location and place as may be specified, for the duration of the prospecting licence or exploration licence, as the case may be, or for the duration of the mining operation if the reported mineral discovery resulted in mining development.

(3)

The Director or an authorised officer shall be entitled to take so much of the samples under subsection (1) as is necessary for verification or for any other purpose in such method and at such time as he deems fit.

(4)

Subject to subsection (1), the holder of a prospecting licence or exploration licence shall be entitled to take and remove from the land specimens and samples not exceeding the limit as may be specified in the licence or as may be prescribed.

(5)

The holder of an exploration licence shall be entitled to do –

(a)

bulk sampling; and

(b)

trial processing, of any mineral ore coming from the exploration area not exceeding such limit as may be specified in the licence or as may be prescribed.

(6)

With the prior written permission of the Minister –

(a)

the holder of a prospecting licence may sell any specimen or sample obtained for prospecting purposes; and

(b)

the holder of an exploration licence may sell any specimen or sample obtained for exploration purposes or from bulk sampling and trial processing, and the proceeds from any such sale shall be subject to the payment of royalty as if the specimen or sample was obtained under a mining lease.

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(7)

In this section, the expressions "bulk sampling" and "trial processing" mean the collection and treatment respectively, of a representative portion of the deposit solely for the purpose of determining the projected viability of developing the deposit.

Prospecting licence or exploration licence shall continue to remain in force until application for renewal is determined.