(1) Subject to
subsection (2), an exploration licence holder may —
(a)
explore for minerals in the licence area; and
(b) take
samples of minerals in the licence area.
Note:
1. Under section 23(1)
the concept of “exploration” extends to activities that are
directly related to exploration.
2. Under
section 38A(3) and (5) the consent of the Minister is required to the carrying
out of offshore exploration or mining activities in a marine nature reserve,
marine park or marine management area. Section 38A(7) and (8) also contain
provisions about the disturbance of certain parts of marine nature reserves
and restricted areas.
(2) If the licence is
expressed to restrict the kind of minerals covered by the licence, the holder
is not permitted to explore for, or to take samples of, minerals not covered
by the licence.
(3) A restriction on
the kind of minerals covered by the licence may be inclusive (for example,
only minerals A, B and C) or exclusive (for example, all minerals except A, B
and C).
(4) For the purposes
of subsection (2), the holder does not take samples of an excluded mineral if,
in the course of exploring for, or taking samples of, another mineral, the
holder recovers some excluded mineral.