Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)RegulationsAmendment Regulations to the Mineral and Petroleum Resources Development Regulations, 2020Chapter 4 : General and Miscellaneous Regulations76A. Onshore and Offshore exploration fees |
Onshore and Offshore exploration fees
| (1) | The exploration fees payable as contemplated in section 82(2)(e) of the Act, shall be as follows: |
Onshore:
| 1. | The exploration fees for onshore rights listed on the tables below are as per base year 2023 and will increase by the annual average headline South African Rand (ZAR) Consumer Price Index (CPI), year on year. The applicable adjusted rates will be from the 1st of April every year and will be published on the Designated Agency's website. The increase will be effective on the anniversary date of the exploration right and subsequent renewal. |
Initial Period:
CATEGORY |
A |
B |
Area in hectares |
0-1000 |
1001 - greater |
Year |
Minimum annual amount (R) |
Rate R/hectare |
1. |
2000 |
2,00 |
2. |
2600 |
3,00 |
3. |
2900 |
4,00 |
| 2. | The onshore exploration renewal fees payable as contemplated in section 81 of the Act, shall be as follows: |
First Renewal Period:
CATEGORY |
A |
B |
Area in hectares |
0-1000 |
1001 - greater |
Year |
Minimum annual amount (R) |
Rate R/hectare |
1. |
6000 |
6,00 |
2. |
6900 |
7,00 |
Second Renewal Period:
CATEGORY |
A |
B |
Area in hectares |
0-1000 |
1001 - greater |
Year |
Minimum annual amount (R) |
Rate R/hectare |
1. |
8000 |
8,00 |
2. |
9000 |
9,00 |
Third Renewal Period:
CATEGORY |
A |
B |
Area in hectares |
0-1000 |
1001 - greater |
Year |
Minimum annual amount (R) |
Rate R/hectare |
1. |
10000 |
10,00 |
2. |
11000 |
11,00 |
| 3. | All hectares will be rounded to the nearest hectare; by rounding up of the fraction is 0,5 hectare or more, or otherwise by rounding down. |
Offshore:
| 1. | The exploration fees for offshore rights listed on the tables below are as per base year 2023 and will increase by the annual average headline United State Dollars (USD) consumer price index (CPI), year on year. The applicable adjusted rates will be from the 1st of April every year and will be published on the Designated Agency's website. The increase will be effective on the anniversary date of the exploration right and subsequent renewal period. |
Initial Period:
CATEGORY |
A |
B |
Initial ER period (First Term) |
Minimum annual amount (USD) |
Annual Rate Per km2 (USD) |
1. |
$50 000,00 or rand equivalent (base year 2023) |
$10 or rand equivalent (base year 2023) |
| 2. | The offshore exploration renewal fees payable as contemplated in section 81 of the Act, shall be as follows: |
Renewal Periods:
CATEGORY |
A |
B |
Renewal term |
Minimum annual amount (USD) |
Annual Rate Per km2 (USD) |
1. |
$70 000,00 or rand equivalent |
$15 or rand equivalent |
2. |
$90 000,00 or rand equivalent |
$20 or rand equivalent |
3. |
$250 000,00 or rand equivalent |
$25 or rand equivalent |
| 3. | All square kilometer will be rounded to the nearest square kilometer; by rounding up if the fraction is 0,5 square kilometer or more, or otherwise by rounding down. |
Payment of exploration fees
| (1) | The exploration fees must be paid by the holder of such right annually in advance and not later than 30 days from the commencement date of such right and thereafter not later than 30 days following the anniversary of each respective year of the exploration right for the duration thereof. |
| (2) | If the exploration fees referred to in sub regulation (1) are not paid on the due date, the holder shall be in be in mora debitoris and shall pay interest thereon at the rate prescribed in terms of section 80 of the Public Finance Management Act, 1999 (Act No.1 of 1999) and shall be reckoned from the day following the last day allowed for payment up to and including the day of payment. |
| (3) | Upon the relinquishment of areas already explored, in respect of the applicable exploration right, excluding a right granted over a , the exploration fees payable may be reduced: Provided that— |
| (a) | written notification with details of the relinquishment is submitted by the holder of the exploration right to the Designated Agency at least 90 days before payment of the annual exploration fees becomes due; and |
| (b) | the holder is not in mora debitoris due to late payments on any amount in respect of exploration fees, or where any debt in respect of exploration fees is outstanding. |
| (4) | Where advance payments have been made and the exploration right is abandoned, suspended or cancelled before the lapsing of such right, no refunds of exploration fees paid will be allowed. |
[Regulation 76A inserted by Notice R.4789, GG50623, dated 7 May 2024]