Commentary

38 Licences to prospect minerals

MINES, MINERALS AND LANDFILL vol 26(3)
| Commentary

38 Licences to prospect minerals

| Commentary

38 Licences to prospect minerals

A licence merely to search for minerals gives the grantee no property in the minerals found (other than as specifically granted—for example to remove mineral samples for the purposes of testing) and does not amount to a profit à prendre1. A bare licence of this character is prima facie revocable2. In the absence of an express term, whether a licence is or is not revocable must be decided on the construction of the entire contract which creates it. However, such a licence is nowadays normally combined with an option or conditional

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