203
9.
(a)
(b)
(c)
(d)
(e)
(f)
and voting, decides to postpone the terminal date for a period
not exceeding six months.
In the allocation of production authorizations, in accordance
with article 151 and Annex III, article 7, of the Convention, the
pioneer investors who have obtained approval of plans of work
for exploration and exploitation shall have priority over all
applicants other than the Enterprise which shall be entitled to
production authorizations for two mine sites including that
referred to in article 151, paragraph 5, of the Convention. After
each of the pioneer investors has obtained production
authorization for its first mine site, the priority for the
Enterprise contained in Annex III, article 7, paragraph 6, of the
Convention shall apply.
Production authorizations shall be issued to each pioneer
investor within 30 days of the date on which that pioneer
investor notifies the Authority that it will commence
commercial production within five years. If a pioneer investor
is unable to begin production within the period of five years for
reasons beyond its control, it shall apply to the Legal and
Technical Commission for an extension of time. That
Commission shall grant the extension of time, for a period not
exceeding five years and not subject to further extension, if it
is satisfied that the pioneer investor cannot begin on an
economically viable basis at the time originally planned.
Nothing in this subparagraph shall prevent the Enterprise or any
other pioneer applicant, who has notified the Authority that it
will commence commercial production within five years, from
being given a priority over any applicant who has obtained an
extension of time under this subparagraph.
If the Authority, upon being given notice, pursuant to
subparagraph (b), determines that the commencement of
commercial production within five years would exceed the
production ceiling in article 151, paragraphs 2 to 7, of the
Convention, the applicant shall hold a priority over any other
applicant for the award of the next production authorization
allowed by the production ceiling.
If two or more pioneer investors apply for production
authorizations to begin commercial production at the same time
and article 151, paragraphs 2 to 7, of the Convention, would not
permit all such production to commence simultaneously, the
Authority shall notify the pioneer investors concerned. Within
three months of such notification, they shall decide whether
and, if so, to what extent they wish to apportion the allowable
tonnage among themselves.
If, pursuant to subparagraph (d), the pioneer investors
concerned decide not to apportion the available production
among themselves they shall agree on an order of priority for
production authorizations and all subsequent applications for
production authorizations will be granted after those referred to
in this subparagraph have been approved.
If, pursuant to subparagraph (d), the pioneer investors
concerned decide to apportion the available production among
themselves, the Authority shall award each of them a
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