Miscellaneous provisions concerning exclusive prospecting licences

(1) Subject to this section, where the holder of an exclusive prospecting licence applies for the grant of a mining licence over any area of land in, or which constitutes, the prospecting area, and the application has not been finally dealt with before the date on which the exclusive prospecting licence would, but for this sub-section, cease to have effect, the exclusive prospecting licence continues to have effect over that area of land until– (a) notice is given to the applicant pursuant to this Act of the refusal to grant the mining licence; or (b) as the case may be, the date of the grant of the mining licence, as stated in the mining licence. (2) Where a mining licence is granted over any area of land wholly or partly in one, or more than one, prospecting area– (a) the exclusive prospecting licence held by the person to whom the mining licence is granted ceases to have effect in the mining area; and 33 (b) the exclusive prospecting licence held by any other person– (i) ceases to have effect if the prospecting area covered by the licence is within, or is constituted by the same area of land as, the mining area; or (ii) as the case may be, continues to have affect only in relation to land outside the mining area. (3) Sub-section (1) shall not have effect– (a) to prevent the cancellation under this Act of an exclusive prospecting licence; or (b) if the application for the grant of a mining licence is withdrawn. (4) An exclusive prospecting licence may continue to have effect pursuant to this section notwithstanding that the prospecting area has ceased to be in the shape or ceased to have the dimensions prescribed in respect of prospecting areas or, as the case may be, approved in respect of that area.