namibian renewel rights as legislation

3) Notwithstanding the provisions of subsection (1), but subject to the other provisions of this Act -

(a) an exclusive prospecting licence shall not expire during a period during which an application for the renewal of such licence is being considered, until such application is refused or the application is withdrawn or has lapsed, whichever occurs first or, if such application is granted, until such time as the exclusive prospecting licence is renewed in consequence of such application; or

(b) where an application is made by the holder of an exclusive prospecting licence for a mineral deposit retention licence or a mining licence in relation to an area of land which forms part of the prospecting area and in respect of any mineral or group of minerals to which such exclusive prospecting licence relates, such exclusive prospecting licence shall not expire in relation to such area of land and such mineral or group of minerals, until such application is refused or the application is withdrawn or has lapsed, whichever occurs first or, if such application is granted, until such time as the mineral deposit retention licence is issued in consequence of such application.


72. Applications for renewal of exclusive prospecting licences.

(1) Subject to the provisions of subsection (2) of this section, the provisions of section 68 shall apply mutatis mutandis in relation to an application for the renewal of an exclusive prospecting licence.

(2) An application for the renewal of an exclusive prospecting licence shall -

(a) be made not later than 90 days before the date on which such licence will expire if it is not renewed or such later date, but not later than such expiry date, as the Minister may on good cause shown allow;

(b) not be made -

(i) in the case of a first application for the renewal of such licence, in respect of any land greater in extent than 75 per cent of the prospecting area in respect of which such licence has been issued; or



(ii) in the case of any other application for the renewal of such licence, in respect of any land greater in extent than 50 per cent of the prospecting area citing at the date of such application,

without the approval of the Minister, granted in the interest of the development of the mineral resources of Namibia and on good cause shown by the holder of the exclusive prospecting licence in question; and

(c) be accompanied by a report in duplicate containing the particulars contemplated in section 76(1)(e) prepared in respect of the immediately preceding period of the currency of such exclusive prospecting licence.

(3) Subject to the provisions of subsection (1), the Minister shall not grant an application for the renewal of an exclusive prospecting licence, unless the Minister is on
reasonable grounds satisfied with the manner in which the programme of prospecting operations have been carried on or the expenditure expended in respect of such operation,

(4) The Minister shall not refuse to grant an application for the renewal of an exclusive prospecting licence -

(a) if the holder of such licence -

(i) has complied with all the terms and conditions of such licence;

(ii) has complied with the proposed programme of prospecting operations; and

(iii)has expended the expenditure in respect of such operations as in accordance with the terms of such mineral agreement;

(b) if the Minister is on reasonable grounds satisfied -

(i) with the proposed programme of prospecting operations or the proposed expenditure to be expended in respect of such operations;



(ii) that the person concerned has the technical and financial resources to carry on such prospecting operations;

(c) on the grounds thereof that such holder has contravened or failed to comply with any provision of this Act or any term and condition of such licence, unless the Minister has by notice in writing informed such holder of his or her intention to so refuse such application -

(i) setting out particulars of the contravention or failure in question; and

(ii) requiring such holder to make representations to the Minister in relation to such contravention or failure or to remedy such contravention or failure on or before a date specified in such notice,

and such holder has failed to so remedy such contravention or failure or make representations.


73. Applications for amendment of exclusive prospecting licences.

(1) Subject to the provisions of subsection (2), the holder of an exclusive prospecting licence may apply for the amendment of such licence -

(a) by the extension or reduction or the extension and reduction of the prospecting area to which such licence relates; or

(b) by the addition of any mineral or group of minerals to which such licence relates.

(2) The provisions of sections 68 and 69 shall apply mutatis mutandis in relation to an application referred to in subsection (1).

(3) If the Minister grants an application referred to in subsection (1) the Commissioner shall amend the licence in question accordingly.