Minerals Development Act 2017

Granting prospecting licence

17. (1) Subject to section 20 , the Minister shall grant a prospecting licence for specified minerals in or on specified land to an applicant if—

(a) the applicant submits an application in the prescribed form, the prescribed application fee and a current tax clearance certificate,

(b) the Minister is of the opinion that the minerals may be in or on the specified land,

(c) the minerals are neither excepted minerals nor already being prospected for in or on the land concerned under this Act,

(d) the Minister is of the opinion that prospecting for the minerals to be specified in the licence is in the public interest,

(e) none of the specified land is land specified under a mining licence,

(f) the applicant—

(i) submits an exploration programme that the Minister is satisfied is feasible and that, in the opinion of the Minister, is likely to result in the discovery of minerals of economic value within the term of the licence, and

(ii) satisfies the Minister that he or she has, or has available to him or her, the financial resources, technical ability and expertise to carry out the programme,

(g) the applicant is a fit and proper person (as provided for by section 27 ) to be a licensee,

(h) the applicant provides the prescribed information and evidence and any additional information or evidence required by the Minister,

(i) the requirements of section 25 regarding public notice and consideration of objections have been complied with,

(j) the applicant obtains insurance of the classes and in the amounts that are satisfactory to the Minister,

(k) the first instalment of the licence fee, as prescribed by the Minister under section 28 , has been paid,

(l) there is no application for a prospecting licence for some, or all, of the specified minerals in or on all, or any part, of the specified land pending determination by the Minister,

(m) either—

(i) no prospecting licence or retention licence is in force in respect of all or any part of the specified land, or

(ii) if either such licence is in force, the licensee has been notified in accordance with section 18 , and—

(I) the licensee has not submitted a competing application within the period specified by the Minister under section 18 (b), or

(II) the competing application submitted by the licensee does not meet the requirements of paragraphs (a) to (h),

and

(n) no statement of interest has been registered for any of the specified minerals in respect of all or any part of the specified land or, if such a statement of interest has been registered, the requirements of section 14 regarding notification of the interested person have been complied with, and—

(i) the interested person has not submitted a competing application within the period specified by the Minister under section 14 (b), or

(ii) the competing application submitted by the interested person does not meet the requirements of paragraphs (a) to (h).

(2) If the Minister is of the opinion that the range of minerals specified by the applicant is excessive having regard to the exploration programme, the Minister may refuse to grant a prospecting licence or may grant a prospecting licence for fewer than all of the minerals specified.

(3) A prospecting licence under the Minerals Development Act 1940 or Part III of the Petroleum and Other Minerals Development Act 1960 that is in force immediately before the commencement of this section is deemed to be a prospecting licence granted under this section.