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Part B: Mineral Rights - Part B-6: Beneficiation - Processing, Trade & Transport - 35. Beneficiation – Processing, Trade and Transport | 35.2 Authorised Possession [General Prohibition and Penalties]

Possession of development minerals in commercial quantities is authorised by licensing for either an integrated project or separate processing, trade and transport activities. Possession of commercial quantities of such minerals without the requisite licence is prohibited and subject to penalties. What constitute “commercial quantities” of development minerals should be defined in the mining law. The definition should exclude quantities that are sufficient for personal or domestic use rather than commercial sales.

35.2. Example 1:

Article [_]

“Commercial Quantities” of development minerals are those quantities of such minerals that are sold or are destined for sale by an individual or entity to a third party for use in a processing, construction, fortification, renovation, decoration or related project of any kind. Quantities of development minerals intended for personal or domestic use are excluded from the definition of Commercial Quantities of development minerals.

Article [_]

No person shall process, transport, trade or otherwise deal in or possess commercial quantities of development minerals, as defined in this [Act][Code][Law] (the regulations implementing this Act), unless that person is currently and validly licenced in accordance with the terms of this [Act][Code][Law].

Annotation

This provision includes both a definition of Commercial Quantities of development minerals and a straightforward proposition that it is prohibited to engage in any of the licenced activities with respect to development minerals in commercial quantities, or to otherwise deal in or possess them, unless one is licenced. It is advisable to supplement this definition with greater specificity in regulations adopted by the Regulating Authority. Violations of this prohibition should be punished by fines and/or imprisonment.