131. The licence shall be issued by the Minister, in respect of a given territory, to any person who meets the requirements and pays the fee prescribed by regulation.
Notwithstanding the first paragraph, the licence shall be refused
(1) where the territory concerned is subject to a mining lease or an application for such a lease, a mining concession, an exploration licence for surface mineral substances, an exclusive lease to mine surface mineral substances or an application for such a lease, held or made by a third person;
(2) if the applicant was the holder of a licence for the territory concerned, in the twelve months preceding the application.