Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)Chapter 2 : Fundamental Principles3. Custodianship of nation's mineral and petroleum resources |
| (1) | Mineral and petroleum resources are the common heritage of all the people of South Africa and the State is the custodian thereof for the benefit of all South Africans. |
| (2) | As the custodian of the nation’s mineral and petroleum resources, the State, acting through the Minister, may— |
| (a) | grant, issue, refuse, control, administer and manage any reconnaissance permission, prospecting right, permission to remove, mining right, mining permit, retention permit. technical co-operation permit, reconnaissance permit, exploration right and production right; and |
| (b) | in consultation with the Minister of Finance, prescribe and levy, any fee payable in terms of this Act. |
[Section 3(2)(b) substituted by section 3(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (3) | The Minister must ensure the sustainable development of South Africa’s mineral and petroleum resources within a framework of national environmental policy, norms and standards while promoting economic and social development. |
| (4) | The State royalty must be determined and levied by the Minister of Finance in terms of an Act of Parliament. |
[Section 3(4) inserted by section 3(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]