Restriction on grant of mining licence

(1) No mining licence shall be granted over an area of land in, or which constitutes– (a) a mining area; or (b) a claim area. (2) Where an area of land is subject to a reconnaissance licence which has been granted, pursuant to section 26 (3), which gives to the holder of the licence an exclusive right to carry on reconnaissance operations in that area in respect of any mineral, a mining licence shall not be granted over land in, or 40 which constitutes, the reconnaissance area, in respect of any such mineral to any person other than the holder of the (3) No mining licence over land in, or which constitutes, a prospecting area shall be granted to a person who is not the holder of a prospecting licence over that land. (4) Subject to any relevant agreement of a kind referred to in section 9, no mining licence shall be granted to an applicant unless– (a) the of proposed (i) takes proper account of environmental and safety factors; and (ii) will ensure the most efficient and beneficial use of the mineral resources concerned; (b) the area of land over which the licence is sought is not in excess of the area reasonably required to carry out that programme; (c) the applicant has adequate financial resources, technical competence and experience to carry on effective mining operations; (d) the applicant’s proposals for the employment and training of citizens of Belize are adequate; (e) the applicant’s proposals with respect to the procurement of goods and services obtainable within Belize are satisfactory; (f) any relevant option given pursuant to section 30 has been exercised and given effect to or 41 satisfactory arrangements have been made for that purpose; and (g) the applicant has paid the prescribed fees and complied with all other conditions for grant of a licence. (5) Where an application for the grant of a mining licence is duly made by the holder of an exclusive prospecting licence, the Minister shall not refuse an application for the grant of a mining licence on a ground other than the ground referred to in sub- section (3) unless he has– (a) given notice to the applicant of his intention to refuse to grant the licence on that ground, giving particulars; and (b) specified in the notice a date before which the applicant may make appropriate proposals to remove the ground for refusal or, as the case may be, remedy the default, or make representation in relation thereto, and the applicant has not done so before that date.