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

Chapter 4 : Mineral and Environmental Regulation

44. Removal of buildings, structures and other objects

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(1)When a prospecting right, mining right, retention permit or mining permit lapses, is cancelled or is abandoned or when any prospecting or mining operation ceases, the holder of any such right or permit may not demolish or remove any building, structure or object—

[Words preceding section 44(1)(a) substituted by section 34(c) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

(a)which may not be demolished or removed in terms of any other law;
(b)which has been identified in writing by the Minister for purposes of this section; or
(c)which is to be retained in terms of an agreement between the holder and the owner or occupier of the land, which agreement has been approved by the Minister in writing.

 

(2)The provision of subsection (1) does not apply to mining equipment, which may be removed lawfully.

[Section 44(2) substituted by section 35 of the Mineral and Petroleum Resources Development Amendment Act, 2008]