Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)

Regulations

Amendment Regulations to the Mineral and Petroleum Resources Development Regulations, 2020

Chapter 2 : Mineral and Petroleum, Social and Environmental Regulations

Part 1 : Mineral and Petroleum Regulation

10. Application for mining right

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(1)An application for a mining right in terms of section 22(1) of the Act must be completed in the form of Form D contained in Annexure 1 and must contain—
(a)the full particulars of the applicant;
(b)in the case of a company or closed corporation, documentary proof that the applicant has obtained the necessary authority to make the application in a representative capacity on behalf of the company or closed corporation, as the case may be;
(c)a plan contemplated in regulation 2(2) showing the land and mining area to which the application relates;
(d)the mineral or minerals for which the right is required;
(e)the period for which the right is required;
(f)a mining work programme contemplated in regulation 11;
(g)a social and labour plan contemplated in regulation 46;
(h)detailed documentary proof of the applicant's technical ability or access thereto to conduct the mining activities and to mitigate and rehabilitate relevant environmental impacts;
(i)documentary proof that the applicant has the ability to comply with relevant provisions of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996);
(j)a description of how the applicant's technical ability will be provided by making use of in-house expertise, contractors and consultants on the proposed mining operation;
(k)budget and documentary proof of the applicant's financial ability or access thereto, which may include but is not limited to the following:
(i)Loan agreements entered into for the proposed mining operation;
(ii)a resolution by a company to provide for the finances required for the proposed mining operation; and
(iii)any other mechanism or scheme providing for the necessary finances for the proposed mining operation.
(l)        a list of existing rights or a list of existing rights and permits, as the case may be held by the applicant, to be compiled in a table format that indicates the region and location with regard to the land name and the existing right or permit number for each mineral within the Republic; and
(m)a certified copy or copies of the title deed or deeds, where applicable, in respect of the land to which the application relates; and
(n)any other specific and additional information, data or documentation that the Minister may request in connection with the information submitted under paragraphs (a) to (m).

 

(2)The application for a mining right must be lodged together with the application fee specified in regulation 75(1)(c).