Section 73, The Mines and Minerals Act, 2009

(1) An application for an exploration licence shall not begranted to an applicant- (a) where the applicant is disqualified from holding an exploration licence under section 26; (b) where the proposed exploration licence area is the same as or overlaps with, an existing exploration licence area or an existing mining area; or an area closed to exploration and mining; (c) where the proposed exploration licence area is the same or overlaps with any area the subject of an earlier registered application for an exploration, artisanal mining, smallscale mining, or large-scale mining licence that has not yet been granted or rejected; or (d) where the applicant is in default of any of the provisions of this Act. (2) The exploration licence area granted in an exploration licence shall consist of blocks that are of such shape, orientation and dimension as may be prescribed. (3) Where it is necessary to fly over any land for the purpose of the exercise of any right under an exploration licence nothing in this section shall operate to prevent any such flight from being undertaken provided it is in accordance with section 31.