Words in bold type in square brackets indicate omissions from existing enactments.
To amend the Mineral and Petroleum Resources Development Act, 2002, so as to remove ambiguity in the definition of certain terminology; to further provide for promotion of administrative justice in line with current legislation; to further provide for the levying of certain fees by the Minister of Minerals and Energy; to protect registered rights granted in terms of the principal Act as limited real rights; to further promote co-operative governance by adding functions to REMDEC; to amend the short title of the principal Act; to amend the transitional provisions so as to further afford statutory protection to certain existing old order rights; and to provide for matters connected therewith.
Amendment of section 1of Act 28 of 2002 1.
is managed and controlled by persons contemplated in paragraph (a) and that the persons collectively or as a group own and control a majority of the issued share capital or members' interest, and are able to control the majority of the members' vote; or is a subsidiary, as defined in section 1(e)of the Companies Act, 1973, of a juristic person who is a historically disadvantaged person by virtue of the provisions of paragraph (c)(i).
used as a verb, any operation or activity for the purposes of winning any mineral on, in or under the earth, water or any residue deposit, whether by underground or open working or otherwise and includes any operation or activity incidental thereto, in, on or under the relevant mining area.
registrar" means the Registrar of Deeds as defined in the Deed Registries Act, 1937 (Act No.
Amendment of section 3 of Act 28 of 2002 2.
"(b) in consultation with the Minister of Finance, [determine] prescribe and levy, any fee [or consideration] payable in terms of [any relevant Act of Parliament.] this Act."
"(4) The State royalty must be determined and levied by the Minister of Finance in terms of an Act of Parliament."
A prospecting right, mining right, exploration right or production right granted in terms of this Act and registered in terms of the Mining Titles Registration Act, 1967, as amended, is a limited real right in respect of the mineral or petroleum and the land to which such right relates.
(c) having [notifying and consulting with] notified in writing the landowner or lawful occupier of the land [in question] concerned of the date such holder will enter the land to which such right relates.
Amendment of section 9 of Act 28 of 2002 3.
Subject to subsection (2), a Regional Manager receives more than one application for a prospecting right, a mining right or a mining permit, as the case may be, in respect of the same mineral and land, such applications must be dealt with in order of receipt.
[(a)the same day must be regarded as having been received at the same time and must be dealt with in accordance with subsection different dates must be dealt with in order of receipt.
[date] and such applications were made by one or more historically disadvantaged persons and by one or more non-historically disadvan-taged persons, he or she must give preference to applications from historically disadvantaged persons; provided however that applications by historically disadvantaged persons shall among themselves in turn be dealt with in order of receipt.
Amendment of section 13 of Act 28 of 2002 4.
by the substitution for paragraph (c) in subsection (1) of the following paragraph: "(c) together with the prescribed non-refundable application fee."
Amendment of section 14 of Act 28 of 2002 5.
"(3) If the Minister refuses to grant a reconnaissance permission, the Minister must, within 30 days of the decision, notify the applicant in writing with reasons of such decision.".
Amendment of section 15 of Act 28 of 2002 6.
any exclusive right to apply for or be granted a prospecting right [or], mining right or mining permit in respect of the land to which such reconnaissance permission relates.
Amendment of section 16 of Act 28 of 2002 7.
"(3) If the application does not comply with the requirements of this section, the Regional Manager must reject the application and notify the applicant [of that fact] in writing within 14 days of the receipt of the application with reasons for such decision.
(4)(a) to submit an environmental plan, as prescribed, within 60 days of such notice; and to notify in writing and consult with the land owner or lawful occupier and any other affected [party] person and submit the result, in writing, of the consultation within 30 days from the date of the notice.
(5) If the submitted environmental management plan complies with all the requirements of the Act, the Regional Manager must accept the environmental management plan within 14 days of such date of compliance for consideration by the Minister in terms of section 39(4).
specify in such notice the period within which any application may be lodged [and the terms and conditions subject to which such rights may be granted] whereupon all the provisions of this Act, including subsection (1) to (5) of this section and section 17, but excluding section 9, shall apply to any application lodged pursuant to such invitation and to any prospecting right granted pursuant to any such application.
Amendment of section 17 of Act 28 of 2002 8.
by the substitution for the expression 'programme' in subsection (5) of the .-expression 'plan'; and by the substitution for the number '39' of the number '39(4)'.
Amendment of section 18 of Act 28 of 2002 9. Section 18 of the principal Act is hereby amended by the substitution for the expression 'programme' in paragraph (c) of subsection (2) of the expression 'plan'.
Amendment of section 19 of Act 28 of 2002 10.
by the substitution for the expression 'programme' in paragraph (e) of subsection (2) of the expression 'plan'.
required State royalties in respect of any mineral removed and disposed of during the course of prospecting operations.
keep proper records, at [its] &registered office or place of business of the holder, of reconnaissance or prospecting operations and the results and expenditure connected therewith, as well as borehole core data and core-log data, where appropriate; and submit progress reports and data, in the prescribed manner and at the prescribed intervals, to the Regional Manager regarding the reconnaissanceor prospecting operations.
Amendment of section 22 of Act 28 of 2002 12.
(3) If the application does not comply with the requirements of this section, the Regional Manager must reject the application and notify the applicant in writing [of that fact] within 14 days of the receipt of the application with reasons.
4 (a)to notify and consult with the land owner orlawful occupier and any other interested and affected persons and submit the result, in writing, of the consultation within 60 days from the date of the notice together with the scoping report as prescribed.
to conduct an environmental impact assessment and submit an environmental management programme, as prescribed, within 180 days from the date of the notice.
If the submitted environmental management programme complies with all the requirements of the Act, the Regional Manager must accept the environmental management programme within 14 days of such date of compliance for consideration by the Minister in terms of section 39(4).
specify in such notice the period within which any application may be lodged [and the terms and conditions subiect to which such rights may be granted] whereupon all the pro;isions of this Act, including subsection (1) to (4) of this section and 23, but excluding section 9, shall apply to any application lodged pursuant to such invitation and to any prospecting right granted pursuant to any such application.
Amendment of section 23 of Act 28 of 2002 13. Section 23 of the principal Act is hereby amended by the substitution for the expression 'all' of the expression 'any' in subsection (3).
Amendment of section 25 of Act 28 of 2002 14.
Amendment of section 26 of Act 28 of 2002 15.
The Minister may [initiate or prescribe incentives to] promote the beneficiation of minerals in the Republic.
(4) If the application does not comply with the requirements of this section, the Regional Manager must reject the application and notify the applicant in writing [of that fact] within 14 days of the receipt of the application with reasons.
by the substitution for the expression 'acceptance' in subsection (5) of the expression "receipt".
in subsection (6) of the following: the applicanthas the ability to comply with the relevant pr&isions of the Mine Health and Safety Act, 1996 (Act No.
must pay [the] any required State royalties.
"(1) The holder of a mining right or mining permit must, at [its] registered office or place of business of such holder, keep proper records of mining activities and proper financial records in connection with the mining activities"; and by the insertion after the word 'any' in subsection (2) of the word 'mineral'.
Amendment of section 31 of Act 28 of 2002 17. Section 3 1 of the principal Act is amended by the deletion of the words "must" where it occurs in paragraphs (a), (b) and (c) of subsection (1).
Amendment of section 32 of Act 28 of 2002 18. Section 32 of the principal Act is hereby amended by the substitution for the expression "programme" in subsection (3) of the expression "plan".
Amendment of section 33 of Act 28 of 2002 19.
result in the concentration of the mineral [in] under the [hands] control of the applicant.
Amendment of section 35 of Act 28 of 2002 20.
"(i) the prevailing market conditions, the effect thereof and the need to hold such retention permit [over] in respect of the mineral and land in question; and ".
Amendment of section 39 of Act 28 of 2002 21.
Amendment of section 40 of Act 28 of 2002 22.
submit comments within 60 days from the date on which the Minister, informs the relevant state department, in writing to do so [The Minister must request the head of a department being consulted, in writing, to 45 submit the comments of that department within 60 days from the date of the request.].
"(3) If any state department contemplated in subsection (1) objects to the contents of the environmental management plan or environmental management programme, the Minister must refer the objections to the Regional Mining Development and Environmental Committee to con-sider the objections and to advise the Minister thereon.".
Amendment of section 41 of Act 28 of 2002 23.
Any costs in respect of such Independent assessment must be borne by the holder of the prospecting, right, mining right, or mining, permit.
Amendment of section 44 of Act 28 of 2002 24.
"(2) The provision of subsection (1) does not apply to bona mining equipment, which may be removed lawfully."
Amendment of section 46 of Act 28 of 2002 25.
"(1) If the Minister [directs that measures contemplated in section 45 must be taken to prevent pollution or ecological degradation of the environment or to rehabilitate dangerous occurrences but] establishes that the holder of [the relevant] 2 reconnaissance permission, prospecting right, mining right, retention permit or mining permit, as the case may be or his or her successor in title is deceased or cannot be traced or in the case of a juristic person, has ceased to exist, has been liquidated or cannot be traced, the Minister may instruct the Regional Manager concerned to take the necessary measures to prevent [further] pollution or ecological degrading of the environment or to rehabilitate dangerous occurrences or to make an area safe.".
Amendment of section 47 of Act 28 of 2002 26.
Amendment of section 53 of Act 28 of 2002 27.
by the substitution for the expression 'town planning scheme' in paragraph @) of subsection (2) of the expression 'town'.
Amendment of section 74 of Act 28 of 2002 28.
"(3) If the application does not comply with the requirements of this section, the designated agency must reject the application and notify the applicant [of that fact] in writing within 14 days of the receipt of the application with reasons. [and return the application to the appli-cant]"; and by the substitution for the expression 'acceptance' in subsection (4) of the expression 'receipt'.
Amendment of section 76 of Act 28 of 2002 29.
and notify the applicant [of that fact] in writing within 14 days of the receipt of the application with reasons.
Amendment of section 79 of Act 28 of 2002 30.
(3) If the application does not comply with the requirements of this section, the designated agency must reject the application and notify the applicant [of that fact] in writing within 14 days of the receipt of the application with reasons.
by the substitution for the expression 'acceptance' in subsection (4) of the expression 'receipt'. Section 98 of the principal Act is hereby amended by the deletion of paragraph (c).
Amendment of section 111 of Act 28 of 2002 34. Section 11 1 of the principal Act is hereby amended by the deletion of the word 'development'.
Amendment of item 1 of Schedule I1 of Act 28 of 2002 35.
by the insertion of the expression 'mynpachten' after the expression 'mining lease' in paragraph (iii).
by the substitution for the definition of 'OP26 mining lease' in subitem (vi)of the following definition".
those parts of the abovementioned prospecting lease OP26 which are held under Cessions 1/1999 and 1/2002 registered as such at the Mining Titles Office on 8 September 1999 and 30 September 2002 respectively.
Amendment of item 3 of Schedule I1 of Act 28 of 2002 36.
of the Minerals Act immediately before this Act took effect must be regarded as having been lodged in terms of section ,g or 83 of this Act, as the case may be.
"(4) If the environmental management programme does not meet with the requirements of this Act, the Regional Manager in whose region the land to which the environmental management programme relates is situated must direct the holder concerned to submit the outstanding information within 60 or 180 days after such direction, as the case may be,".
Amendment of item 6 of Schedule I1 of Act 28 of 2002 37.
any old order prospecting right in force immediately before this Act took effect continues in force for a period ofl exceeding two years from the date on which this Act took effect, or the period for which it was granted, whichever period is the shortest. subject to the terms and conditions under which it was granted or issued or was deemed to have been granted or issued.
Amendment of item 7 of Schedule I1 of Act 28 of 2002 38.
any old order mining right in force immediately before this Act took effect continues in force for a period not exceeding five years from the date on which this Act took effect or the period for which it was granted, whichever period is the shortest. subject to the terms and conditions under which it was granted or issued or was deemed to have been granted or issued.
Amendment of item 8 of Schedule I1 of Act 28 of 2002 39.