| "9. | Establishment of airports on undermined or certain other land |
[Notwithstanding the provisions of section ten no] (1) No [aerodrome] airport shall be established—
| (a) | on any undermined ground or within a distance of ninety-five metres from any undermined ground or any open mine excavation unless, in the opinion of the [Government Mining Engineer] regional director as defined in section 1 of the Minerals Act, 1991 (Act No. 50 of 1991), such [aerodrome] airport could be used with safety; or |
| (b) | on any ground which in the opinion of the Minister of Mineral and Energy Affairs may be required for purposes of mining or prospecting for minerals, except [— |
| (i) | in the case of an aerodrome contemplated in subsection (1) of section six, after consultation with the Minister of Mineral and Energy Affairs; or |
| (ii) | in the case of any other aerodrome] with the approval of the said Minister. |
| (2) | The Minister of Mineral and Energy Affairs may, subject to such conditions as he may deem necessary, delegate to the Director-General: Mineral and Energy Affairs or any other officer in the service of the Department of Mineral and Energy Affairs any power conferred upon him in terms of subsection (1).". |
