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Part B: Mineral Rights - Part B-6: Beneficiation - Processing, Trade & Transport - 35. Beneficiation – Processing, Trade and Transport - 35.4 Requirements for Applicants | 35.4(a) Application requirements for an Authorised Processing Facility Licence

Provisions in this section should require demonstration that the applicant is capable technically and financially to develop and operate a processing plant that is economically viable as a condition for the issuance of a processing licence.

This section would require information establishing the eligibility of the applicant for the licence as well as a business plan for the proposed processing plant. The required contents of the business plan can be specified in the regulations, and should include, for example:

    a)development minerals inputs;

    b)processing methodology;

    c)products to be produced and intended markets for sale;

    d)professional/registered/qualified staff;

    e)plant size and capacity;

    f)location and site arrangement;

    g)storage facility for inputs and products; and

    h)financial resources available.

Other information that should be provided in the application would include (i) the applicant’s knowledge and experience in minerals processing; and (ii) minerals processing licences previously granted to the applicant.

In addition, the mining law should require the applicant to submit, as part of the application, proof of submission of the required environmental impact statement, assessment or study to the environmental permitting authority. The environmental law and regulation will usually determine the environmental documentation requirement that applies to the particular type of processing facility. The mining law should specify that the proper environmental permit or authorisation must be obtained from the environmental regulatory authority prior to the commencement of operations of the processing plant.

35.4(a) Example:

Article [_]

(1) The applicant for a licence as an Authorised Processing Facility shall submit the following to [the licensing entity]:

(a) application in the prescribed form as provided in the [Act][Code][Law] (information identifying applicant) together with supporting documentation;

(b) Business plan for the processing facility as prescribed in the regulations;

(c) a statement of the applicant’s knowledge and experience in minerals processing;

(d) reference to all licences as an Authorised Processing Facility previously granted to the applicant; and

(e) proof of submission of the required environmental documentation to the environmental permitting authority, if applicable.

Article [_]

(1) Within [_] days of the submission of an application, the regulating entity may grant an Authorised Processing Facility licence, or request additional information from the applicant, or reject the application and provide reasons for the rejection.

(2) Any rejection of an application is subject to appeal within [_] days from the date of notification of such rejection to the applicant in accordance with the provisions of this [Act][Code][Law].

(3) An Authorised Processing Facility licence shall be granted when the applicant demonstrates to the reasonable satisfaction of the regulating entity that the applicant is capable technically and financially to develop and operate the proposed processing plant in an economically viable manner. If an environmental permit or authorisation is required for the processing facility and has not yet been issued to the applicant, the Authorised Processing Facility licence shall be granted subject to the condition that the applicant obtain the proper environmental permit or authorisation from the environmental regulatory authority prior to the commencement of operations of the processing plant.

Article [_]

An Authorised Processing Facility licence shall be granted for a term of [_] years, renewable for a like term without limitation.

Article [_]

(1) The mining right licence holder may surrender the Authorised Processing Facility licence at any time; however, the mining right licence holder shall remain liable for any damages caused by the processing operations and for environmental rehabilitation requirements related to the processing operation.

(2) In such case, the regulating entity shall issue a certificate of surrender which may be with or without conditions.

Annotation

The first section in the example sets forth the application requirements for a processing licence which includes all the information necessary for the regulating entity to make the determination contemplated by the second section.

The environmental documentation requirement would apply to most medium and large scale processing plants, depending on the jurisdiction’s environmental law and regulations. Proof of submission of the required environmental documentation, if any, would be sufficient for purposes of review of the processing licence application by the authority responsible for that licensing. In this example, the processing licence could be issued prior to the issuance of a permit or authorisation by the environmental regulatory authority; but the issuance of such environmental permit or authorisation would be a condition that must be fulfilled before operation of the processing plant could commence.

The second section provides a statutory timeframe for the processing of the application, the standard of review and the obligation of the regulating entity to provide reasons for any rejection of an application.

The second section further provides for the possibility of a supplemental filing if the application is deficient or an appeal where it has been rejected. The appeal procedures will be set forth in another section of the Act.

A processing licence should be valid for a term which is sufficient to enable the holder to recover his investment and make a reasonable profit but short enough to assure proper oversight and to motivate the licence holder to comply with the obligations and conditions of the licence. The licence should be renewable as long as the licence holder is in compliance with the licence obligations and conditions and remains eligible.