Sri Lanka Consolidated Acts

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Mines And Minerals Act (No. 33 of 1992) - Sect 35

Issue of licence

35.
(1) On receipt of an application for a licence under this Act the Bureau may subject to the provisions of section licence 33, either issue a licence to the applicant or for reasons to be recorded by it, refuse to issue such applicant a licence.
(2) Subject to the other provisions of this Act, every licence issued under this section shall
(a) be in such form and be subject to such terms and conditions as are set out in subsection (4) ;
(b) specify the limits of the area in respect of which the licensee is authorized to explore for or mine, transport, process, trade in or export minerals ;
(c) specify the minerals in respect of which exploration, mining, transportation, processing, trading in or exporting is authorized ;
(d) not be transferable, or given as security ; and
(e) specify the duration of such licence :
(3) Any licence issued under this section shall, unless it is cancelled earlier, be valid for such period as shall be specified therein.
(4) Every licence issued under this Act shall in addition to the conditions referred to in subsection (2) of section 30 have attached thereto, inter alia, the following conditions :
(a) that the exploration, mining, processing, trading in and export of minerals authorized by the licence shall not be conducted in a fraudulent, reckless, grossly negligent or willfully improper manner ;
(b) that the licensee shall notify the Bureau, of the discovery of minerals discovered by him in the exercise of his rights under the licence ;
(c) that the licensee shall in the exercise of his rights under the licence, comply with all written laws relating to the protection of the environment, health and safety standards and the protection of natural resources ;
(d) that the licensee shall on the completion of the exploration or mining authorized by the licence, rehabilitate the land to which such licence relates, to such condition as may be specified ;
(e) that the licensee shall not suspend, curtail or cease the activities authorized by the licence for a period exceeding six months, except with the prior permission of the Bureau ;
(f) that the licensee shall comply with the provisions of this Act and any regulation made thereunder;
(g) that the licensee shall maintain such books, records, other documents and materials as are required by the Bureau, to be maintained by him and shall enter the required particulars therein;
(h) that the Licensee shall pay to the Bureau, the fees in respect of such licence and any other payments he is required to pay by virtue of or under such licence, within such period as may be required by this Act or any regulation made thereunder;
(i) that the licensee shall afford any authorized officer of the Bureau, access to any premises in which any activity authorized by the licence is carried on and to make available to such officer, all books, records and other documents maintained by the licensee as required by the licence ; and to comply with any lawful direction or order given by such officer;
(j) that the licensee shall submit to the Bureau such reports, and give to the Bureau such notices, within such period, as he is required to submit or give, by any provision of this Act or any regulation made thereunder.


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