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 5 : Regulation on Notice of Profitability and Curtailment of Mining Operations Affecting Employment73A. Notice of profitability and curtailment of mining operations |
| (1) | A holder of a mining right or production right must submit the notice contemplated in section 52(1) of the Act to the Minister after the consultation envisaged in section 52(1) has been concluded. |
| (a) | In submitting the notice, the holder must use the notice template in Form Y of these Regulations. |
| (b) | The notice must contain details of the prior consultation contemplated in section 52(1) of the Act. |
| (c) | The details of such prior consultation must include dates, times, attendance registers, minutes, considerations, proposals, resolutions, agreements, recommendations, reports and records relating to such consultation contemplated in section 52(1) before the notice is submitted to the Minister. |
| (d) | The notice must be accompanied by an affidavit by the holder of a mining right or production right confirming that the factors contemplated in section 51(1) or (2) exist. |
| (2) | The Minister must, within 7 days of receipt of the notice and all information contemplated in sub-regulation (1), refer the matter to the Mining and Minerals Development Board for consideration and recommendations. |
| (3) | The Mining and Minerals Development Board must, as contemplated in section 52(2) consult meaningfully with the holder of a mining right and organised labour, conduct investigations and make recommendations to the Minister within 60 days of the referral by the Minister. |
| (4) | The notice required to be submitted to the Minister in terms of this regulation shall be forwarded to the following addresses: |
| (a) | Postal Address: |
The Minister/The Director-General
Department of Mineral Resources and Energy
Private Bag X 59
Arcadia
0007
FOR ATTENTION:THE CHIEF DIRECTOR:LEGAL SERVICES
| (b) | Physical address: |
Department of Mineral Resources and Energy
2nd Floor, Block 2 B
Trevenna Campus
c/o Meintjes & Francis Baard Streets
Sunnyside
FOR ATTENTION: THE CHIEF DIRECTOR: LEGAL SERVICES
[Regulation 73A inserted by Notice No. R. 420, G43172, dated 27 March 2020]