Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)

Chapter 4 : Mineral and Environmental Regulation

33. Refusal of application for retention permit
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The Minister may refuse to issue a retention permit if, after having regard to the information submitted under section 32(1) and research conducted by the Board at the request of the Minister, it is established that—

(a)the mineral to which the application relates can be mined profitably;
(b)the applicant has not completed the prospecting operations and feasibility study in relation thereto; or
(c)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 33(c) substituted by section 28 of the Mineral and Petroleum Resources Development Amendment Act, 2008]