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Restrictions on the grant of unworked minerals licences.
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39.—(1) An unworked minerals licence shall not be granted unless all the following conditions (in this Act referred to as statutory conditions) are fulfilled, that is to say:—
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(a) the minerals in respect of which such licence is applied for are not being worked or are not being worked efficiently, and
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(b) the applicant for such licence desires to work the said minerals and possesses the technical and financial resources necessary for the proper and efficient working of the said minerals, and
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(c) it is not reasonably practicable for the said applicant to obtain by private arrangement a right to work the said minerals.
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(2) An unworked minerals licence shall not be granted in respect of State minerals unless they are comprised in a State mining lease, and, where such licence is granted in respect of State minerals so comprised, the duration of such licence shall not exceed the unexpired residue of the term granted by such lease.
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