Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)RegulationsAmendment Regulations to the Mineral and Petroleum Resources Development Regulations, 2020Chapter 2 : Mineral and Petroleum, Social and Environmental RegulationsPart 1 : Mineral and Petroleum Regulation34. Application for production right |
(1) | An application for a production right in terms of section 83 of the Act must be completed in the form of Form N contained in Annexure I, and must be lodged at the office of the designated agency. |
(2) | The application contemplated in subregulation (1) must include— |
(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, area or offshore area to which the application relates; |
(d) | remove and dispose of during production operations; |
(e) | a clear statement of the technical motivation; |
(f) | the period for which the right is required; |
(g) | a registered description of the land to which the application relates; |
(h) | a production work programme contemplated in regulation 36; |
(i) | certified copy or copies of the title deed or deeds, where applicable, in respect of the land to which the application relates; |
(j) | a social and labour plan contemplated in regulation 46; |
(k) | documentary evidence to prove that— |
(i) | the applicant has the financial ability or access thereto and has the technical ability or access thereto to conduct the proposed production operation optimally , which must be supported by a report from an independent assessor approved by the designated agency; |
(ii) | the applicant has the ability to comply with the relevant provisions of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996); |
(iii) | the granting of such right will further the object referred to in section 2(d) and (f) of the Act; |
(l) | a list of existing rights and or permits held by the applicant to be compiled in a table format that indicates the region and location with regard to the land and the existing right or permit number for mineral or minerals; and |
(m) | any other information, data or documentation that the designated agency or the Minister may require in connection with information required under paragraphs (a) to (I). |
(3) | An application for a production right must be lodged together with the application fee specified in regulation 75(2)(d). |