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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(c) Application requirements for an Authorised Transporter Licence

This section would require information from the applicant with respect to trading of development minerals, including:

    a)office location(s);

    b)types of development minerals to be transported;

    c)transportation methods and equipment to be utilized;

    d) financial and other resources available; and

    e) Authorised Transporter licences previously granted.

Provisions in this section should require demonstration that the applicant is capable technically and financially to transport development minerals nationally or regionally, as the case may be, on a safe and reliable basis that also facilitates certification of origin, subject to the provisions of this Act and any other applicable Acts.

It is not proposed to require an environmental impact assessment in connection with the licensing of Authorised Transporters; but the environmental laws of the jurisdiction will determine what activities require an environmental impact assessment, mitigation plan and related environmental authorisation or permit. The regulations on the obligations of Authorised Transporters should include environmental impact mitigation guidelines and requirements to be followed in development minerals transportation operations.

35.4(c) Example

Article [_]

(1) The applicant for an Authorised Transporter transport licence shall submit the following:

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

(b) Information pertaining to:

    ·office location(s);

    ·types of development minerals to be transported;

    ·transportation methods to be utilized; and

    ·financial and other resources available to the applicant.

(c) reference to all Authorised Transporter licences previously granted to the applicant;

Article [_]

(1) Within [_] days of the submission of an application, the regulating entity may grant an Authorised Transporter 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 Transporter 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 transport development minerals on a safe and environmentally acceptable basis that also facilitates certification of origin.

Article [_]

The Authorised Transporter licence shall specify the area or radius within which the mineral right holder is authorised to transport development minerals.

Article [_]

(1) A transport licence shall be granted for a term of [_] years, renewable for a like term without limitation.

(2) The licence shall authorise transportation of development minerals in accordance with the terms of this [Act][Code][Law] and the related regulations within the jurisdiction that issues the licence.

Article [_]

(1) The mineral right holder may surrender the licence at any time.

(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 transport licence which includes all the information necessary for the regulating entity to make the determination contemplated by the second section.

No environmental compliance requirements with respect to a transport licence.

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 to appeal where it has been rejected. The appeal procedures will be set forth in another section of the Act.

A transport licence should be valid for a term of [_] which is sufficient to enable the holder to recover his investment and make a reasonable profit.

The incentives to be provided under this Act shall be with respect to a specified radius depending on where the development minerals to be transported were sourced. For those sourced from the mine area, the radius should be larger than those sourced from a processing plant. And also whether these are being transported regionally. For development minerals being transported regionally, there shall be no limitation in radius.