Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) > Chapter 7 : General and Miscellaneous Provisions > 91. Power to enter prospecting area, mining area or retention area

(1)	The Minister may designate any member of the Board, the Regional Manager or any officer, as an authorised person, who can carry out the functions contemplated in subsection (4) and in section 92.

(2)	An authorised person must be furnished with a certificate signed by the Minister stating that he or she has been authorised under subsection (1).

(3)	An authorised person must, at the request of any person, exhibit the certificate referred to in subsection (2) to such a person.

(4)	An authorised person may, on the authority of a warrant issued in terms of subsection (5)—

(a)

in order to obtain evidence, enter any reconnaissance, prospecting, mining, exploration, production or retention area or any place where prospecting operations or mining operations are being conducted where he or she has reason to believe that any provision of this Act has been, is being or will be contravened;

(b)	direct the person in control of or any person employed at such area—

(i)	to deliver or furnish any information, including books, records or other documents, in the possession of or under the control of that person that pertains to the investigation; and

(ii)	to render such assistance as the authorised person requires in order to enable hint or her to perform his or her functions under this Act;

(c)	inspect any book, record, statement or other document including electronic records, documents or data and make copies thereof or excerpts there from;

(d)	examine any appliance or other material or substance found in such area;

(e)	take samples of any material or substance and test, examine, analyse and classify such samples; and

(f)

(i)	seize any material, substance, book, record, statement or other document including electronic records, documents or data which might be relevant to a prosecution under this Act and keep it in his or her custody;

(ii)	the person from whom the control of any book, record or document including electronic records or data has been taken, may, at his or her own expense and under the supervision of the authorised person make copies thereof or excerpts therefrom.

(5)

A warrant referred to in subsection (4) must be issued by a magistrate who has jurisdiction, in the matter and may only be issued if he or she is satisfied that there are reasonable grounds to believe that any material, substance, appliance, book, record, statement or document or electronic information, documents or data that may relate to a contravention of this Act, is in the respective area, or in the possession of a person in the respective area against whom such a warrant is sought.

(6)

(a)	If no criminal proceedings are instituted in connection with any item seized in terms of subsection (4), or if it appears that such item is not required for the purpose of evidence or of any court proceedings that item must be returned as soon as possible to the person from whom it was seized.

(b)	After the conclusion of criminal proceedings any item seized in terms of subsection (4) and which served as an exhibit in proceedings in which a person was convicted must be handed over to the authorised person to be destroyed or otherwise dealt with as ordered by the court.