83Area of land comprised in mining lease

83 Area of land comprised in mining lease

(1)  The area of land comprised in a lease is an area determined by the Minister and which is at least the minimum area required for mining operations.

(2)  [Section 83 Subsection (2) substituted by No. 24 of 2013, s. 87, Applied:28 Jun 2013] Land comprised in a lease 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 lease was sought;

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

(3)  [Section 83 Subsection (3) amended by No. 74 of 2001, Sched. 1, Applied:30 Oct 2001] [Section 83 Subsection (3) amended by No. 74 of 2001, s. 22, Applied:30 Oct 2001] [Section 83 Subsection (3) substituted by No. 24 of 2013, s. 87, Applied:28 Jun 2013] An area of land comprised in a lease must not include an area which –

(a) is already a mineral tenement for the minerals, or a category of minerals, to which the lease is to relate, unless the mineral tenement is held by the person to whom the lease is to be issued; or

(b) is the subject of an application for a mineral tenement for the minerals, or a category of minerals, to which the lease is to relate, unless the application is made by the person to whom the lease is to be issued.