45Area of land comprised in special exploration licence

45 Area of land comprised in special exploration licence

(1)  [Section 45 Subsection (1) amended by No. 74 of 2001, s. 12, Applied:30 Oct 2001] [Section 45 Subsection (1) amended by No. 74 of 2001, Sched. 1, Applied:30 Oct 2001] [Section 45 Subsection (1) substituted by No. 24 of 2013, s. 49, Applied:28 Jun 2013] The area of land comprised in a special exploration licence in respect of a mineral or category of minerals is to be the area determined by the Minister and specified in the licence, which area may exceed the area specified in section 21(1) in respect of the category of minerals to which the mineral belongs, or the category of minerals, respectively.

(1A)  [Section 45 Subsection (1A) inserted by No. 24 of 2013, s. 49, Applied:28 Jun 2013] An area of land comprised in a licence in respect of a mineral must not include an area which –

(a) is the subject of a licence of any kind in respect of the same mineral or category of minerals; or

(b) is the subject of a lease or an application for a lease; or

(c) is the subject of an application for a retention licence in respect of the same mineral or category of minerals.

(1B)  [Section 45 Subsection (1B) inserted by No. 24 of 2013, s. 49, Applied:28 Jun 2013] Land comprised in a licence may be either or both of the following:

(a) the same size as, or smaller than, the area of land in respect of which the licence was sought;

(b) different in shape from the area of land in respect of which the licence was sought.

(2)  Any area of land previously comprised in a special exploration licence and included in an exploration licence ceases to be comprised in the special exploration licence.