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

34. Application for production right

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(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).