Rights of holder of mining licence

(1) A mining licence, while it has effect, confers on the holder of the licence the exclusive right to carry on prospecting and mining operations in the mining area and for the purpose of 43 the exercise of that right the holder may, subject to this Act and the conditions of the licence– (a) use employees and agents to work on his behalf; (b) take all reasonable measures in that area, including the use of necessary equipment and the erection of necessary installations, plant and buildings for mining, and transporting, dressing, treating, smelting or refining any mineral recovered; and (c) dispose of any mineral product recovered, and stack or dump any mineral or waste products in a manner approved by the Minister. (2) The holder of a mining licence– (a) shall not intentionally carry on prospecting or mining operations for a material unless it is a mineral to which his licence relates; and (b) shall not mine any mineral deposit, particulars of which have not been given pursuant to section 36 (3) (f), in his application, or in a statement accompanying his application, for the grant of the licence, without the approval of the Minister given under sub-section (3). (3) Where in the exercise of his rights the holder of a mining licence discovers any mineral deposit, particulars of which were not given pursuant to section 36 (3) (f), in his application, or in a statement accompanying his application, for the grant of the licence, the holder– (a) shall, within the period of thirty days after the discovery, give notice and particulars of the mineral deposit and the circumstances in which the discovery was made; and (b) may, in the notice, request the Minister to give his approval to the mining of the mineral deposit in accordance with a programme of mining operations stated in the notice. (4) Subject to sub-section (5), on a request made pursuant to sub-section (3) (b), the Minister– (a) shall, if the mineral deposit consists, or consists primarily, of minerals to which the mining licence relates, and the programme of mining operations stated in the notice containing the request is satisfactory, give his approval to the request; or (b) shall, in any other case, give preferential treatment to the request. (5) The Minister may, pursuant to sub-section (4), by notice served on the holder of the licence, give his approval– (a) to the request as made; or (b) to the request as amended with the agreement of that holder, unconditionally or subject to such conditions as are agreed to by the holder. (6) The instrument in which the Minister gives an approval under sub-section (5), is deemed to form part of the mining licence concerned. (7) Before giving his approval to any request under this section the Minister may, by notice served on the holder of the licence, require the holder to comply with any of the requirements of section 36 (3), as if the request were an 45 application for the grant of a mining licence in respect of the minerals to which the request relates. of miming