Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)Chapter 4 : Mineral and Environmental Regulation17. Granting and duration of prospecting right |
| (1) | The Minister must within 30 days of receipt of the application from the Regional Manager, grant a prospecting right if— |
[Words preceding section 17(1) substituted by section 13(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (a) | the applicant has access to financial resources and has the technical ability to conduct the proposed prospecting operation optimally in accordance with the prospecting work programme; |
| (b) | the estimated expenditure is compatible with the proposed prospecting operation and duration of the prospecting work programme; |
| (c) | the prospecting will not result in unacceptable pollution, ecological degradation or damage to the environment and an environmental authorization is issued; |
[Section 17(1)(c) substituted by section 13(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (d) | the applicant has the ability to comply with the relevant provisions of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996); |
| (e) | the applicant is not in contravention of any relevant provision of this Act; and |
| (f) | in respect of prescribed minerals the applicant has given effect to the objects referred to in section 2(d). |
[Section 17(1)(f) inserted by section 13(c) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (2) | The Minister must, within 30 days of receipt of the application from the Regional Manager, refuse to grant a prospecting right if— |
[Words preceding section 17(2) substituted by section 13(d) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (a) | the application does not meet all the requirements referred to in subsection (1); |
| (b) | the granting of such right will result in the concentration of the mineral resources in question under the control of the applicant and their associated companies with the possible limitation of equitable access to mineral resources. |
[Section 17(2)(b) substituted by section 13(e) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (3) | If the Minister refuses to grant a prospecting right the Minister must, within 30 days of the decision, in writing notify the applicant of the decision with reasons. |
| (4) | The Minister may, having regard to the type of mineral concerned and the extent of the proposed prospecting project, request the applicant to give effect to the object referred to in section 2(d). |
| (4A) | If the application relates to land occupied by a community, the Minister may impose such conditions as are necessary to promote the rights and interests of the community, including conditions requiring the participation of the community. |
[Section 17(4A) inserted by by section 13(f) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (5) | A prospecting right granted in terms of subsection (1) comes into effect on the effective date. |
[Section 17(5) substituted by section 13(g) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (6) | A prospecting right is subject to this Act, any other relevant law and the terms and conditions stipulated in the right and is valid for the period specified in the right, which period may not exceed five years. |