RULE-48

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-5 Mining Lease 48. Grant or refusal of mining lease. - (1) Subject to these Rules, where the, holder of exploration licence or a mineral deposit retention licence, makes an application for a mining lease in respect of- (a) an area of land in, or which constitutes, the exploration area or, as the case may be, the retention area; and (b) any mineral or group of minerals included in such exploration licence or such mineral deposit retention licence, as the case may be, the licensing authority shall grant the mining lease. (2) The licensing authority shall not grant a mining lease in relation to any area of land in respect of any mineral or group of minerals if, at the time of the application, any person other than the applicant holds; (a) any exploration licence conferring an exclusive right to carry on exploration operations in that area of land in respect of that mineral, or group of minerals; (b) any mining concession in relation to that area of land in respect of that mineral or group of minerals; or (c) any mineral deposit retention licence in relation to that area of land and in respect of that mineral or group of minerals, unless- (i) that other person agrees to the grant of the mining lease; and (ii) the licensing authority deems it desirable to grant the mining lease in the interest of the development of the mineral resources of Balochistan. (3) Subject to sub-rules (4) and (5). a mining lease shall not be granted. (a) unless - (i) the feasibility studies show that the mine can be profitably developed and operated; (ii) the proposed plans for development and operation of the mine and the programme of the mining operations of the applicant will ensure the efficient, beneficial and timely use of the mineral resources; (iii) the applicant in question has or can obtain the technical and financial resources and experience to carry out mining operations effectively; (iv) the applicant is a ft and proper person to hold the lease; (v) the proposals submitted with the application are satisfactory; and (vi) it is in the interest of the development of the mineral resources of Balochistan to grant the lease; (b) if at the time of the application the applicant in question is in default. (c) in respect of an area of land exceeding 250 square kilometres unless the licensing authority is satisfied on reasonable grounds that special circumstances exist which justify the grant of the lease in respect of a larger area for the efficient development of the mineral resources. (4) The licensing authority shall not refuse to grant a mining lease to the holder of a mineral title referred to in sub-rule(1)- (a) in accordance with sub-rule (3) (a), unless the licensing authority has - (i) by notice in writing, informed the applicant, of its intended refusal and the reasons therefore; (ii) afforded the applicant an opportunity to make, within such reasonable period as may be specified in the notice, representations in relation to all matters relating to its intention and, if the applicant so desires, to make proposals in relation to any such matters; and (iii) taken any such representations into consideration; (b) in accordance with sub-rule (3) (b) unless the licensing authority has by notice in writing, informed the applicant, of its intended refusal - (i) setting out particulars of the alleged default; and (ii) requiring the applicant to make representations to the licensing authority in relation to the alleged default or to remedy the default on or before a date specified in the notice and the applicant has failed to remedy the default or make such representations as, in the opinion of the authority, would remove the ground for the intended refusal. (5) The licensing authority shall Ant refuse to grant mining lease on the ground that any proposals submitted with the application are inadequate or unsatisfactory unless the licensing authority has, by notice in writing, informed the applicant accordingly and afforded the applicant a reasonable opportunity to modify those proposals.