“Metallurgy” means smelting or extracting metals from minerals by any method
and includes purification of metals, alloying of metals, and manufacturing of finished or
semi-finished metallic products of various kinds by melting, casting, rolling or any
other processes;
“Mining Area” means the area specified in a Provisional Prathanabat or
Prathanabat;
“Mineral Processing Area” means the area specified in a Mineral Processing
Licence;
“Metallurgy Area” means the area specified in a Metallurgical Processing
Licence;
“Mineral Store” means the place specified in a Mineral Storage Licence;
“Mineral Depository” means the place prescribed by the Minister to be a
Mineral Depository in accordance with Section 103 ter;
(Added by Section 3. of the Emergency Decree amending the Minerals Act, B.E. 2526)
“Mineral Transit Store” means the place specified in a Mineral Transport
Licence where minerals may be stored in transit;
“Prospecting Atchayabat” means a permit issued for prospecting within the
locality specified therein;
“Exclusive Prospecting Atchayabat” means a permit issued for exclusive
prospecting and exploration within the area specified therein;
“Special Atchayabat” means a permit issued in a special case for exclusive
prospecting and exploration within the area specified therein;
“Provisional Prathanabat” means a licence issued for mining before receiving
Prathanabat within the area specified therein;
“Prathanabat” means a licence issued for mining within the area specified
therein;
“Vacant Land” means a land that is not thus far owned or possessed by any
person under the Land Code, is not public domain for the common use of the people or
land in the legally protected or reserved area;
“Tailings” includes overburden, sand, gravel or rocks derived from mining
operations;
“Slag” means any compound or by-product derived from metallurgical
processing; “Local Mineral Industry Official” means an Amphoe Mineral Industry Official
or Provincial Mineral Industry Official, as the case may be, and in the absence of
Provincial Mineral Industry official in any province, means the Director-General or the
person entrusted by him;
“Competent Official” means a Local Mineral Industry Official and an official
appointed by the Minister for the execution of this Act;
“Director-General” means the Director-General of the Department of Primary
Industries and Mines;
“Minister” means the Minister taking charge and control of the execution of this
Act.
Section 5.2 The establishment of Provincial Mineral Resources Offices or
Amphoe Mineral Resources Offices to exercise jurisdiction over any area shall be
prescribed in a Ministerial Regulation.
In defining the authority of a Provincial Mineral Resources Office over an area,
any Tambon or Amphoe may be included in such an area regardless whether the said
Tambon or Amphoe is in the same Province or not.
Each Provincial Mineral Resources Office in any area shall be under control of a
Provincial Mineral Resources Official.
In the event that a Provincial Mineral Resources Office has the authority over an
area including another Province, the Mineral Resources Official in charge of the said
office shall also be regarded as an official attached to that Provincial Administrative
Board.
In defining the authority of an Amphoe Mineral Resources Office over an area,
the territories of one or more Amphoes or of any Tambon in another Amphoe may be
included under authority of the Amphoe Mineral Resources Office aforementioned.
The Amphoe Mineral Resources Office in any area shall be under control of one
Amphoe Mineral Resources Official. Such an official shall be under the authority of the
relevant Provincial Mineral Resources Official or may be directly responsible to the
Director-General.
*Section 6. Applications under this Act shall be in the printed forms provided by
the Department of Primary Industries and Mines.
The qualifications of applicants, rules, procedures and conditions in the
applications for an Exclusive Prospecting Atchayabat, Special Atchayabat, Provisional
Prathanabat, Prathanabat, and licences including the applications for renewal of a
Special Atchayabat, Prathanabat, Mineral Processing Licence and Metallurgical
Processing Licence under this Act, shall be as prescribed in a Ministerial Regulation.
An applicant must pay application fees and deposit fees in advance along with the
application and must also pay for expenses or deposit in advance for processing and
issuance or renewal of an Atchayabat, Provisional Prathanabat, Prathanabat or licences,
as the case may be, to the Local Mineral Industry Official. If the application is rejected
or the Atchayabat, Provisional Prathanabat, Prathanabat or licence is not received for
any reason, the expenses not yet incurred for processing shall be reimbursed to the
applicant; if the processing has been made in part, then only the expenses not incurred
shall be reimbursed.
As for the fees deposited in advance by the applicant, if the application has been
rejected or withdrawn, the applicant must pay the fees which are not yet due at the rate
of one quarter of the deposit unless the application is rejected without the fault of the
applicant or the applicant dies.
*(As amended by Section 4. of the Minerals Act No.2. B.E. 2516)
*Section 6 bis. For the purpose of prospecting, testing, studying or researching in
connection with minerals, the Minister of Natural Resources and Environment shall,
with the approval of the cabinet, have the power to issue a notification in the
Government Gazette specifying any area to be the area for prospecting, testing, studying
or researching in connection with minerals.
Within the area specified under paragraph one, a person may not apply for an
Atchayabat or a Prathanabat unless there is no further requirement to use such an area
and the Minister of Natural Resources and Environment repeals the aforesaid
notification in the Government Gazette.
*(As amended by Section 3. of the Minerals Act No.3. B.E. 2522)
Section 6 ter. This Act shall not apply to the Department of Mineral Fuels,
Department of Mineral Resources, and Department of Primary Industries and Mines in
its works for the purpose of prospecting, testing and studying or researching in
connection with minerals.
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2 Now the Mineral Resources Office becomes a part of the Industry Office, and the Mineral
Resources Official is changed to the Mineral Industry Official. |