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Part B: Mineral Rights - Part B-5: Development Minerals - 31. Development Minerals Exploitation Licence | 31.6 Rights of a Licence Holder

This refers to the rights attached to the mining licence that empower the holder to undertake the mining operations as well as other activities related to the operations, such as construction and transportation. For development minerals, the condition for local processing or beneficiation require that rights such as processing, trading or dealing (which are also licenced under the law) are granted to the holder if it wishes to undertake such activities.

31.6 Example 1:

Article [_]

(1) A large scale development minerals exploitation licence confers on the holder of the licence in respect of the area covered by the licence-

(a) authority to enter the area covered by the licence to conduct approved mining operations;

(b) exclusive rights to conduct exploration and exploitation in respect of the mineral the subject of the licence;

(c) rights to use the water and wood and other construction materials found in the licence area as necessary for the mineral operations subject to obtaining appropriate permits and in accordance with appropriate regulations;

(d) rights to store, remove, transport, submit to treatment, transform and process the mineral resources, and dispose of any waste; and

(g) rights to process, transport, market, sell, export or otherwise dispose of the mineral products resulting from the mining operations subject to appropriate conditions or authorization of [Regulating Authority]

Annotation

In contrast with example 2, this provision stipulates the particular rights conferred on a holder of a large scale development mineral exploitation licence.

31.6 Example 2:

Article [_]

(1) The rights of a holder of large scale development mineral exploitation licence shall be the same as those of a holder of a mining right subject to such modifications as shall be made by the [Regulating Authority] including the following:

(a) the right to process, transport, market, sell, export or otherwise dispose of the mineral products resulting from the mining operations subject to appropriate conditions or authorization of [Regulating Authority].

Annotation

Without expressly stating them, this example grants to a holder of a development mineral exploitation licence the same rights due to a holder of an exploitation licence for higher value minerals. This example presupposes that such rights have been stipulated in respect of higher value minerals in another part of the law.