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Mining Code of I.R. Iran- Part 02

  1/9/2014

Article 4: All matters related to the first and second category mineral substances, except ordinary sands and ordinary clay, shall be within the jurisdiction of the Ministry of Mines and Metals within the framework of the provisions of this Code.
Note: Establishment at the ordinary nature of sands and clays shall be at the discretion of the Ministry of Mines and Metals. 

Article 6: Exploration of mineral deposits shall be undertaken after the exploration license is issued by the Ministry of Mines and Metals. The procedures of obtaining such license, exploration criteria, period of validity of the license, assignment of the appendant rights of such license, and any other appropriate issues shall be stipulated in the executive by-laws in accordance with the provisions of this Act. 
Note: Exploration during exploitation shall not require issuance of exploration license, however, in case of exploration of new material deposit or mineral substance, the discovery certificate of the holder of exploitation license shall be amended accordingly with regard to the provisions of this Act, or a new certificate is issued. 

Article 7: The Ministry of Mines and Metals is obliged to issue the discovery certificate in the name of the exploration license holder following investigation and confirmation of exploration works. The type or types of mineral substances explored, the quality, quantity, limits, area and cost of exploration activities must be stated in the discovery certificate. This certificate shall be assignable to third parties within one-year period as of the date of issue, subjected to the approval of the Ministry of Mines and Metals. 
Note 1: The exact procedure for implementation of the above Article, particularly in the case of non-approval of exploration works, shall be stipulated in the executive by-laws of this Act. 
Note 2: In cases no valuable mineral is found following exploration works, no rights shall be created for the holder of the exploration license. 

Article 8: Holders of discovery certificate may apply for the exploitation license of the reserves they explored, to the Ministry of Mines and Metals within one year following issuance of the discovery certificate. Non-submission of the said application within the respite provided, shall result in the lapse of the said right of priority. 
Note: In case of non-submission of the aforesaid application within the respite provided, the exploration costs stated in the discovery certificate, shall be paid by the holder of exploitation license of the mineral deposit explored, to the holder of the discovery certificate, in the manner which shall be stipulated in executive by-laws of this Act.







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