MINING ACT 1978 - SECT 58

MINING ACT 1978 - SECT 58

58 .         Application for exploration licence

        (1)         An application for an exploration licence —

            (a)         shall be in the prescribed form; and

            (b)         shall be accompanied by a statement specifying —

                  (i)         the proposed method of exploration of the area in respect of which the licence is sought; and

                  (ii)         the details of the programme of work proposed to be carried out in such area; and

                  (iii)         the estimated amount of money proposed to be expended on the exploration; and

                  (iv)         the technical and, subject to subsection (1aa), financial resources available to the applicant;

                and

            (c)         shall be accompanied by the amount of the prescribed rent for the first year of the term of the licence or portion thereof as prescribed; and

            (d)         shall be lodged in the prescribed manner; and

            (e)         shall be accompanied by the prescribed application fee.

        (1aa)         The statement under subsection (1)(b) does not have to specify the financial resources available to the applicant if —

            (a)         the applicant is a natural person; and

            (b)         the application is in respect of not more than 4 blocks; and

            (c)         the statement specifies that the applicant intends to utilise his or her own labour to carry out the programme of work referred to in subsection (1)(b)(ii).

        [(1a)         deleted]

        (2)         An application referred to in subsection (1) must identify the block or blocks applied for by number in accordance with section 56C(4).

        (2a)         On an application for an exploration licence or on an exploration licence being granted the land affected is not thereby required to be surveyed, but where a dispute arises with respect to the position of such land or the boundaries or any boundary thereof the warden or Minister may require a survey to be made of the boundaries or the boundary in order to settle the dispute.

        (2b)         A survey required under subsection (2a) shall be —

            (a)         arranged in accordance with the regulations; and

            (b)         paid for by such party or parties to the dispute as the warden or the Minister determines.

        (3)         An applicant shall at the request of the mining registrar or warden furnish such further information in relation to his application, or such evidence in support thereof, as the mining registrar or warden may require but the mining registrar or warden shall not require information or evidence relating to assays or other results of any testing or sampling that the applicant may have carried out on the land the subject of his application.

        (4)         Within the prescribed period the applicant shall serve such notice of the application as may be prescribed on the owner and occupier of the land to which the application relates and on such other persons as may be prescribed.

        [Section 58 amended: No. 100 of 1985 s. 39; No. 22 of 1990 s. 17; No. 37 of 1993 s. 26 and 28(1); No. 58 of 1994 s. 14; No. 15 of 2002 s. 11; No. 39 of 2004 s. 58; No. 12 of 2010 s. 21.]