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Part B: Mineral Rights - Part B-6: Beneficiation - Processing, Trade & Transport - 35. Beneficiation – Processing, Trade and Transport - 35.6 Obligations of the Authorised Processing Facility, Trader/Dealer and Transporter Licence Holder | 35.6(f) Land Access

The siting of an Authorised Processing Facility presents land access issues. In general, the Authorised Processing Facility is subject to the general land laws and must secure its plant site legally. Since not all sites will have a legally registered title holder, but may have lawful occupants under either formal law or tribal custom, it is desirable to state clearly in the mining law that Authorised Processing Facility licence holders are subject to the obligation to obtain the consent of such lawful occupants and to abide by land law provisions regarding compensation, resettlement or relocation of them in connection with securing the site for the processing facility.

35.6(f) Example:

Article [_]

(1) The holder of an Authorised Processing Facility licence shall seek the prior written consent from the lawful occupants, and in consultation with the local government authority, with respect to any occupied land or land that is being used as farm land on which the licensee intends to construct its processing plant and related facilities, and shall comply with the land laws with respect to compensation, resettlement and relocation of any occupants of land.

(2) The holder of an Authorised Processing Facility licence shall obtain the prior consent from the regulatory authority in charge with respect to land situated in a game reserve, national park, forest or wildlife reserve before engaging in any activities on such sites.


An Authorised Processing Facility licence holder must obtain various consents with respect to land that is owned or occupied by a lawful occupier and protected lands that are regulated under separate laws.