Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)Chapter 4 : Mineral and Environmental Regulation51. Optimal mining of mineral resources |
| (1) | Subject to subsection (2), the Board may recommend to the Minister to direct the holder of a mining right to take corrective measures if the Board establishes that the minerals are not being mined optimally in accordance with the mining work programme or that a continuation of such practice will detrimentally affect the objects referred to in section 2(f). |
| (2) | Before making the recommendation, the Board must consider whether the technical and financial resources of the holder of the mining right in question and the prevailing market conditions justify such recommendation. |
| (3) |
| (a) | If the Minister agrees with the recommendation, he or she must, within 30 days from date of receipt of the recommendation of the Board, in writing notify the holder that he or she must take such corrective measures as may be set out in the notice and must remedy the position within the period mentioned in the notice. |
| (b) | The Minister must afford the holder the opportunity to make representations in relation to the Board’s findings. within 60 days from the date of the notice and must point out that non-compliance with the notice might result in suspension or cancellation of the mining right |
| (4) | The Minister may, on the recommendation of the Board, suspend or cancel a mining right if— |
| (a) | the holder of that mining right fails to comply with a notice contemplated in subsection (3); or |
| (b) | having regard to any representations by the holder, the Minister is convinced that any act or omission by the holder justifies the suspension or cancellation of the right. |
| (5) | The Minister may, on the recommendation of the Board, lift the suspension of a mining right if the holder in question— |
| (a) | complies with the notice contemplated in subsection (3); or |
| (b) | furnishes compelling reasons for the lifting of the suspension. |