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RULE-11

Power of licensing authority in respect of applications

Act: Balochistan Mineral Rules 2002

Section Provisions

BALOCHISTAN MINERAL RULES, 2002 BALOCHISTAN MINERAL RULES, 2002 [Gazette of Balochistan, Extraordinary, 9th March, 2002] No. S.O.(MR)4-6/2002, dated 8-1-2002.--In exercise of the powers conferred by section 2, of the Regulation of Mines and Oil-Fields and Mineral Development (Government Control) Act, 1948, (XXIV of 1948) the Government of Balochistan is pleased to make the flowing Rules:-- PART III MINERAL TITLES AND MINERAL CONCESSIONS Division 1 General 11. Power of licensing authority in respect application. - (1) On receipt of an application, the licensing authority shall: (a) as far as possible before granting the mineral title or mineral concession applied for, ascertain that the area to which the application relates does not overlap with any other area already covered by a mineral title or mineral concession; and (b) if there is such overlapping, refuse to grant the mineral title or mineral concession. (2) The licensing authority may at any time after the receipt of an application under this Part, require the applicant by notice in writing to furnish the licensing authority within such reasonable period as may be specified in the notice with such information as may be described in the notice, as the authority may deem necessary for purposes of considering the application; (3) In order to enable the licensing authority to consider am application under this Part, the authority may - (a) cause such investigations or negotiations to be made or undertaken as the authority may, in its discretion, deem necessary; or (b) require the applicant, by notice in writing, to furnish the authority, within such period as may be specified in the notice, with such proposals, by way of alternative to or in addition to, proposals set out in the application. (4) Where an application for a mineral title or mineral concession is made in respect of an area within a reserved or protected forest, the licensing authority shall not grant any such title or concession without prior consultation with the Department responsible for forests. (5) In considering and application under this Part and the conditions subject to which the application stay be granted, the licensing authority shall take into account the need to conserve and protect the natural resources in, on or under - (a) the land to which the application relates; and (b) any adjoining or neighbouring land. (6) Where the licensing authority decides - (a) to grant an application under this Part subject to certain conditions the authority shall give notice to the applicant accordingly stating those conditions and the conditions referred to in Rule 13: (b) to refuse an application under this Part, the authority shall communicate that decision and reasons for the refusal to the applicant within a period of one hundred and twenty days of the date of receipt of the application inclusive of other relevant information requested by the licensing authority. (7) The applicant may, within the period of one month after notice is given to him pursuant to sub-rule (6), or within such further period as the licensing authority may allow in writing, on good cause shown, agree in writing to accept the conditions or such other conditions as may be agreed by the authority and the applicant.