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Mining Ordinance 2005 (Ordinance No. 10 OF 2005).

Country/Territory
Falkland Islands (Malvinas)
Document type
Legislation
Date
2005
Source
FAO, FAOLEX
Long title
An r to make new provision in relation to the prospecting and exploration for and exploitation of minerals.
Subject
Mineral resources
Keyword
Authorization/permit Liability/compensation Concession Exploration Marine area Mining Offences/penalties Ownership
Geographical area
Americas, Atlantic Ocean Islands, Latin America and the Caribbean, South America, South Atlantic
Entry into force notes
31st August 2005.
Abstract

The Ordinance applies to minerals belonging to the Crown in the Falkland Islands, except for minerals in the controlled waters or in private ownership, and to mineral operations in relation to such minerals. The Ordinance binds the Crown, subject to some exceptions. Part 2 sets out the procedure and conditions for applying for and granting licences for prospecting, exploration and mining of Crown minerals. It also provides for the allocation of licences by public tender, the incorporation of model clauses, the priority rights of licence holders, and the revocation, surrender and transfer of licences. Prospecting licence authorises the holder to prospect for specific minerals in the licensed land, subject to the Ordinance and any conditions of the licence; the holder cannot excavate or remove more than a prescribed amount of substances or take any water without the Director’s consent; moreover the holder has no right to enter any land without permission or compensation. Exploration licence authorises the holder to prospect and explore for specific minerals in the licensed land, subject to the same conditions and limitations as a prospecting licence; he may also conduct more advanced exploration activities, such as drilling or sampling, with the Director’s consent. Mining licence authorises the holder to work and mine the licensed land for specific minerals and to take and dispose of them; the holder owns the he is subject to the same conditions and limitations as an exploration licence, and must also pay or agree on compensation with the landowner and occupier before commencing any mining operation. The Governor may revoke a licence if the holder contravenes the Ordinance or any condition of the licence, after giving notice. The holder may surrender a licence or part of it. Part III deals with working facilities and support; it covers topics such as access to land, ancillary rights, compulsory rights orders, and compensation. The section also includes provisions for lodging and registration of licenses, notification of access rights, and entry of licenses and access arrangements.

Full text
English
Website
legislation.gov.fk

References - Legislation

Implemented by

Mining (Prospecting and Exploration for Minerals) Regulations 2022 (No. 11 OF 2022).

Legislation | Falkland Islands (Malvinas) | 2022

Keyword: Exploration, Mining, Offences/penalties, Authorization/permit

Source: FAO, FAOLEX