| (1) | Any community who wishes to obtain the preferent right to prospect or mine in respect of any mineral and land which is registered or to be registered in the name of the community concerned, must in terms of section 16 or 22 lodge such application to the Minister. |
[Section 104(1) substituted by section 74 of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (2) | The Minister must grant such preferent right if the provisions of section 17 or 23 have been complied with: Provided that— |
| (a) | the right shall be used to contribute towards the development and the social upliftment of the community concerned; |
| (b) | the community submits a development plan, indicating the manner in which such right is going to be exercised; |
| (c) | the envisaged benefits of the prospecting or mining project will accrue to the community in question; and |
| (d) | [Section 104(2)(d) deleted by section 74 the Mineral and Petroleum Resources Development Amendment Act, 2008]; |
| (e) | Section 23(1)(e) and (h) is not applicable. |
[Section 104(2) substituted by section 74 of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (3) | The preferent right, granted in terms of this section is— |
| (a) | valid for a period not exceeding five years and can be renewed for further periods not exceeding five years; and |
