The holder of a prospecting licence may, within the period of one year specified in section 40 (2) or within such further period as may be allowed by the Commission under the proviso thereto, apply under this subsection for the grant of a mining licence in respect of any discovery parcel or parcels, which following appraisal, can be shown to contain any mineral to which the licence relates.
Any person. notwithstanding that he does not hold a prospecting licence in respect of any parcel or parcels, and on the Commission being satisfied on data supplied by that person or otherwise that a mineral is located therein, may apply under this subsection for the grant of a mining licence in respect of that parcel or parcels.
An application under subsection (1) or (2):-
shall be made to the Commission;
shall be accompanied by such reports, analysis and data resulting from the investigations and studies carried out under section 42 or otherwise;
shall be accompanied by detailed proposals by the applicant for the construction, establishment and operation of all facilities and services for and incidental to the recovery, processing, storage and transportation of the mineral from the proposed mining area; and
shall be accompanied by such other particulars as may be prescribed;
Where an application is duly made under section 43(1) by the holder of a prospecting licence, the Commission shall grant the mining licence applied for on such conditions as are necessary to give effect to the application and the requirements of this Act; and
Where an application is duly made under section 43(2), the Commission may grant on such conditions as it determines, or refuse to grant, the mining licence applied for.