| (1) | Subject to subsection (2), any person who intends to use the surface of any land in any way which may be contrary many object of this Act or which is likely to impede any such object must apply to the Minister for approval in the prescribed manner. |
| (2) | Subsection (1) does not apply to— |
| (a) | farming or any use incidental thereto; or |
| (b) | the use of any land which lies within an approved town-planning scheme which has applied for and obtained approval in terms of subsection (1); or |
| (c) | any other use which the Minister may determine by notice in the Gazette. |
| (3) | Despite subsection (1), the Minister may cause an investigation to be conducted if it is alleged that a person intends to use the surface of any land in any way that could result in the mining of mineral resources being detrimentally affected. |
[Section 53(3) substituted by section 42 of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (4) | When an investigation is conducted in terms of subsection (3), the Regional Manager must— |
| (a) | by written notice served on the person concerned, notify the person of the allegation and of the Minister’s intention to issue a directive to take corrective measures; |
| (b) | set out the measures to be taken in order to rectify the matter; and |
| (c) | offer that person the opportunity to respond within 30 days. |
| (5) | After considering the results of the investigation contemplated in subsection (3), and any representations contemplated in subsection (4)(c), the Minister may direct the person concerned to take the necessary corrective measures within a period specified in the directive. |
