There is nothing about a license being given after only 3 months in the Act so far as I can see. As long as the surface access agreement is in place, the license can be given is my understanding. From the SI Mines and Minerals Act:
Acquisition of surface access rights for prospecting 21.-(1) Where the Board is of the opinion that an application for a prospecting licence, submitted in accordance with section 20, is acceptable, the Minister shall inform the applicant in writing (which writing is hereinafter referred to as the "letter of intent") of his intention to issue the prospecting licence subject to the applicant acquiring surface access rights. (2) The Minister's letter of intent, issued pursuant to subsection (1) may, inter alia, allow such period and include such terms and conditions that the Board may seem fit to impose with regard to the process of seeking surface access rights. (3) A copy of each letter of intent when issued shall be transmitted by the Director to the Provincial Secretary of the Province in which the prospecting area is situated. (4) On receipt of the letter of intent the applicant, in consultation with the Director, shall - ] (a) take such measures in accordance with the terms and conditions referred to in subsection (2) to identify and record the names of the landowners, land holding groups, or any person or groups of persons having an interest in the land in the prospecting area; (b) enter into negotiations with the persons referred to in paragraph (a) in order to obtain surface access rights; (c) make arrangements for the payment of surface access fees and compensation for damage; and (d) in consultation with the landowners, appoint trustees, for the purposes of paragraph (c). (5) In determining the rates of surface access fees and compensation for damage pursuant to subsection (4)(c), the Director and the landowners shall, as far as practicable, be guided by the rates prescribed for the purpose by the Minister, who shall, in prescribing such rates, not take into consideration any value of the land by reason of the possible existence of any minerals therein. (6) Where no agreement is reached between the applicant and the landowners at the end of the period specified in the letter of intent, the Board may - (a) where it is satisfied that bona fide attempts have been made by the applicant to negotiate with the landowners or land holding groups, extend the said period; or (b) where it is satisfied that sufficient attempts to negotiate have not been made, inform the applicant that his application is unsuccessful. (7) Where, at the end of the period specified in the letter of intent, the applicant has reached agreement with landowners in respect of part of the proposed prospecting area and there is no agreement in respect of the remainder of the area, the Board may, after consultation with the applicant- (a) extend the said period; or (b) request the applicant to amend and subdivide his application to cover- (i) areas in respect of which agreement has been reached; or (ii) areas in respect of which agreement has not been reached. (8) Where there is no dispute and the applicant reaches agreement with the landowners, such agreement shall be reduced to writing and the contents of the agreement shall be prima facie evidence of - (a) the names of the landowners or land holding groups having rights over the land in the prospecting area; and (b) the amount of surface access fees or compensation for damage. (9) On agreement being reached in the manner provided under subsection (8), the Minister shall issue to the applicant a prospecting licence as specified in section 22. (10) A copy of each prospecting licence, when issued shall be transmitted by the Director to the Provincial Secretary of the Province, in which the prospecting area is situated, who shall also be informed of all renewals under section 24. (11) Any person who by any fraudulent pretence or false representation - (a) causes the Director or the landowners to believe that he represents the landowners; or (b) obtains or causes any money to be paid as surface access fees or compensation for damage, is guilty of an offence and liable on conviction before a magistrate to imprisonment for a term not exceeding five years.
AVQ Price at posting:
6.8¢ Sentiment: LT Buy Disclosure: Held
