Minerals Development Act, 1940

Licences in respect of State acquired minerals.

22.—(1) Whenever the Minister has acquired any minerals by a minerals acquisition order, the Minister may, at any time thereafter, grant to any person a licence (in this Act referred to as a State acquired minerals licence) to work such minerals.

(2) Whenever there is vested in the Minister by virtue of a minerals acquisition order an exclusive mining right, the Minister may grant to any person a licence (in this Act also referred to as a State acquired minerals licence) to exercise such exclusive mining right and by virtue of such right to work the minerals to which such right applied.

(3) Whenever the Minister has granted a State acquired minerals licence (in this sub-section referred to as the principal licence), the following provisions shall have effect, that is to say:—

(a) if, at the time when the principal licence is granted or at any time thereafter while the principal licence is in force, there is vested in the Minister by virtue of a mining facilities acquisition order any land for the purpose of working the minerals or exercising the exclusive mining right (as the case may be) to which the principal licence relates, the Minister may grant to the licensee under the principal licence a subsidiary licence (in this Act referred to as a mining facilities licence) to use, for the purpose aforesaid and in accordance with the said order, the land or any specified part of the land so vested in the Minister;

(b) if, at the time when the principal licence is granted or at any time thereafter while the principal licence is in force, there is vested in the Minister by virtue of a mining facilities acquisition order any ancillary right or rights for the purpose of working the minerals or exercising the exclusive mining right (as the case may be) to which the principal licence relates, the Minister may grant to the licensee under the principal licence a subsidiary licence (in this Act also referred to as a mining facilities licence) to exercise, for the purpose aforesaid and in accordance with the said order, the ancillary right or all or any particular one or more of the ancillary rights so vested in the Minister;

(c) whenever the Minister grants a State acquired minerals licence and one or more mining facilities licences to the same person in respect of the same minerals or the same exclusive mining right, such mining facilities licence or licences may, if the circumstances permit, be included in the said State acquired minerals licence;

(d) whenever the Minister grants two mining facilities licences to the same person in respect of the same minerals or the same exclusive mining right and such licences are not included in a State acquired minerals licence, such two mining facilities licences may, if the circumstances permit, be included in a single such licence.