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Part B: Mineral Rights - Part B-6: Beneficiation - Processing, Trade & Transport - 35. Beneficiation – Processing, Trade and Transport - 35.7 Rights of the Authorised Processing Facility, Trader/Dealer and Transporter Licence Holder | 35.7(c) Rights of the Authorised Transporter Licence Holder

The rights conferred upon the holder of an Authorised Transport licence include the rights to freely transport development minerals within the jurisdiction that issued the licence, and within the African region if the licence was issued by the national Regulating Authority, and to freely set or negotiate prices for such services.

35.7(c) Example:

Article [_]

(1) The holder of an Authorised Transporter licence shall have the following rights, during the term of the licence, and subject to the terms and conditions of this [Act][Code][Law]and of the licence:

(a) to transport raw and processed development minerals, for its own account or for the account of a third party,

(i) from legal owners or sellers of such minerals within the jurisdiction that issued the licence or, if the licence was issued by the national regulating entity, from legal sellers within any member state of the African Union, and

(ii) to the owners or buyers of such minerals within the jurisdiction that issued the licence or, if the licence was issued by the national regulating entity, to buyers within any member state of the African Union ;

(b) to freely determine or agree to prices for its development mineral transport services; and

(c) to engage in necessary ancillary activities in connection with the foregoing.

(2) The holder of an Authorised Transporter licence shall have the right to benefit from the incentives provided for development minerals trading in this [Act][Code][Law] and in applicable tax and finance laws.

Annotation

The rights of the holder of an Authorised Transporter licence include the right to transport both raw and processed development minerals, for its own account and for the account of others. A licence holder may wish to transport development minerals or products for its own account if it is also licenced to process or trade in such minerals, for example.

As with the other two types of licensees discussed above, the Authorised Transporter licence holder is limited to providing services in the province or state that issued the licence; but if the licence was issued by the national regulating entity, the licence holder has the right to provide development mineral transport services throughout the country and the member states of the AU (subject to their respective laws and regulations).

The Authorised Transporter licence holder also has the freedom to set or agree to its own prices for its services.

Authorised Transport licence holders also have the right to engage in necessary ancillary activities (such as storage of development minerals or mineral products) and to enjoy the benefits of the incentives provided for trading in development minerals in the mining law or other legislation.