(1) | Subject to subsection (4), the Minister must issue a reconnaissance permit if— |
(a) | the applicant has access to financial resources and has the technical ability to conduct the proposed reconnaissance operation; |
[Section 75(1)(a) substituted by section 54 of the Mineral and Petroleum Resources Development Amendment Act, 2008]
(b) | the estimated expenditure is compatible with the intended reconnaissance operation and duration of the reconnaissance programme; |
(c) | the reconnaissance will not result in unacceptable pollution, ecological degradation or damage to the environment and that the environmental authorization is issued; |
[Section 75(1)(c) substituted by section 54 of the Mineral and Petroleum Resources Development Amendment Act, 2008]
(d) | the applicant has the ability to comply with the relevant provisions of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996); and |
(e) | the applicant is not in contravention of any relevant provision of this Act. |
(2) | The Minister must refuse to issue a reconnaissance permit if the application does not meet all the requirements contemplated in subsection (1). |
(3) | If the Minister refuses to issue a reconnaissance permit, the Minister must, within 30 days of the decision, in writing notify the applicant of the decision and the reasons therefor. |
(4) | A reconnaissance permit issued in terms of subsection (1) is— |
(b) | valid for a period not exceeding one year; |
(c) | not an exclusive right; |
(5) | The holder of the reconnaissance permit must— |
(a) | actively conduct reconnaissance operations in respect of petroleum on the relevant area in accordance with the reconnaissance programme; |
(b) | comply with the terms and conditions of the reconnaissance permit, and the relevant provisions of this Act and any other law; and |