MINING ACT 1978 - SECT 45

MINING ACT 1978 - SECT 45

45 .         Term of prospecting licence

        (1)         A prospecting licence shall, subject to this Act, remain in force for a period of 4 years from and including the date on which it was granted, and shall then expire.

        (1a)         Notwithstanding subsection (1) the Minister may, if satisfied that a prescribed ground for extension exists, extend the term of a prospecting licence —

            (a)         by one period of 4 years; and

            (b)         if the licence has retention status, by a further period or periods of 4 years.

        (1b)         An application for the extension of the term of a prospecting licence under subsection (1a) (an extension application ) shall be made within the prescribed time and in the prescribed manner.

        (1c)         If an extension application is made in respect of a prospecting licence and the term of the licence would but for this subsection expire, the licence continues in force in respect of the land the subject of the extension application until the application is determined.

        (1d)         If —

            (a)         an extension application is made in respect of a prospecting licence the term of which has been extended under subsection (1a)(a); and

            (b)         an application for retention status in respect of the prospecting licence —

                  (i)         is pending when the extension application is made; or

                  (ii)         is made at the same time as the extension application,

                the extension application shall not be determined until the application for retention status has been determined.

        (1e)         If the holder of a prospecting licence transfers the licence after making an extension application in respect of the licence, the extension application continues in the name of the transferee of the licence as if the transferee had made it.

        (2)         When a prospecting licence is surrendered, forfeited or expires the land the subject of the prospecting licence or any part thereof shall not be marked out or applied for as a prospecting licence or an exploration licence —

            (a)         by or on behalf of the person who was the holder of the prospecting licence immediately prior to the date of the surrender, forfeiture or expiry; or

            (b)         by or on behalf of any person who had an interest in the prospecting licence immediately prior to that date; or

            (c)         by or on behalf of any person who is related to a person referred to in paragraph (a) or (b),

                within a period of 3 months from and including that date.

        (2a)         For the purposes of subsection (2)(b) the holding of shares in a listed public company which held the prospecting licence in question does not of itself constitute an interest in the prospecting licence.

        [Section 45 amended: No. 122 of 1982 s. 11; No. 100 of 1985 s. 31; No. 22 of 1990 s. 11; No. 37 of 1993 s. 5; No. 15 of 2002 s. 8; No. 39 of 2004 s. 5(1).]