Minerals Development Act 2017
|
Limited right under prospecting licence to extract and remove minerals | ||
|
35. (1) The licensee under a prospecting licence or a retention licence may extract and remove from the land specified in the licence— | ||
(a) drill cores and other small quantities of minerals for analysis, test, trial or experiment, and | ||
(b) bulk samples of minerals for analysis, test, trial or experiment with the prior written consent of the Minister and, in the case of bulk samples being extracted from the surface of the land, the owner, or where the owner cannot be ascertained the occupier, of the land. | ||
(2) The licensee under a prospecting licence or a retention licence may, with the prior written consent of the Minister, sell minerals referred to in subsection (1) for the purpose of determining whether or not a market for the particular minerals exists. | ||
(3) A licensee who sells minerals extracted under subsection (1) shall ensure that the proceeds of the sale are paid into the Exchequer in such manner as the Minister for Public Expenditure and Reform directs. | ||
(4) Every licensee under a prospecting licence or a retention licence who sells or otherwise transfers the ownership of minerals referred to in subsection (1) without obtaining the prior written consent of the Minister commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both. | ||
(5) Every prospecting licence and retention licence is subject to the condition that a licensee who disposes of material resulting from the activities referred to in subsection (1), shall do so in a manner allowed by law and, in the case of the discarding of drill cores, subject to section 33 . |