Mine Health and Safety Act, 1996 (Act No. 29 of 1996)

Schedules

Schedule 3 : Amendment of Laws

A : Minerals Act, 1991

4. Amendment of section 9 of Act 50 of 1991
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Section 9 of the principal Act is hereby amended—

 

a)by the substitution for paragraph (a) of subsection (3) of the following paragraph:

 

" a)with the manner in which and scale on which the applicant intends to mine the mineral concerned optimally [and safely] under such mining authorization;";

 

b)by the substitution for paragraph (c) of subsection (3) of the following paragraph:

 

" c)that such applicant has the ability and can make the necessary provision to mine such mineral optimally [and safely] and to rehabilitate such disturbances of the surface; and";

 

c)by the substitution for paragraph (c) of subsection (5) of the following paragraph:

 

" c)particulars about the manner in which and scale on which the applicant intends to mine such mineral under such mining authorization optimally [and safely] and to rehabilitate disturbances of the surface which may be caused by [his] the intended mining operations;"

 

d)by the deletion of the word "and" at the end of paragraph (d) of subsection (5) and by the substitution for paragraph (e) of that subsection of the following paragraph.

 

" e)particulars about the applicant's ability to make the necessary provision to mine such mineral optimally [and safely] and to rehabilitate such disturbances of the surface; and";

 

e)by the addition to subsection (5) of the following paragraph:

 

" f)particulars about the applicant's ability to mine in a healthy and safe manner,"; and

 

f)by the addition of the following subsections:

 

" 7)The Director: Mineral Development shall consult as to the issuing of a mining authorisation with the Chief Inspector of Mines, and no mining authorisation may be issued unless the Chief Inspector of Mines is satisfied that the applicant has the ability and can make the necessary provision to mine in a healthy and safe manner.

 

" 8)Subsection (7) shall apply mutatis mutandis in relation to the issuing of a prospecting permit in terms of section 6 or a permission in terms of section 8.".