Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)RegulationsAmendment Regulations to the Mineral and Petroleum Resources Development Regulations, 2020Chapter 4 : General and Miscellaneous Regulations76. Prospecting fees |
| (1) | The prospecting fees payable as contemplated in section (19)(2)(f) of the Act, shall be as follows: |
[Regulation 76(1) substituted by section 2(b) of Notice R.4789, GG50623, dated 7 May 2024]
| (a) | A prospecting right granted in terms of section 17 of the Act, the scheduled rates shall apply as categorized below: |
CATEGORY |
A |
B |
Area in hectares |
0-1000 |
1001 and greater |
Year |
Fixed annual (R) |
Rate R/hectare |
1 |
1000,00 |
1,00 |
2 |
1100,00 |
1,50 |
3 |
1200,00 |
2,00 |
4 |
1300,00 |
2,50 |
5 |
1400,00 |
3,00 |
All hectares will be rounded to the nearest hectare; by rounding up if the fraction is 0,5 hectare or more, or otherwise by rounding down.
[Regulation 76(1)(a) substituted by section 2(c) of Notice R.4789, GG50623, dated 7 May 2024]
| (b) | The prospecting fees contemplated in subregulation (1)(a) will be revised annually. |
| (c) | A renewal of a prospecting right granted in terms of section 18 of the Act, the following scheduled rates apply as categorized below: |
CATEGORY |
A |
B |
Area in hectares |
0-1000 |
1001 and greater |
Year |
Fixed annual (R) |
Rate R/hectare |
1 |
2800,00 |
5,00 |
2 |
2900,00 |
6,00 |
3 |
3000,00 |
7,00 |
| (i) | All hectares will be rounded to the nearest hectare; by rounding up if the fraction is 0,5 or more, or by otherwise rounding down. |
[Regulation 76(1)(c) substituted by section 2(c) of Notice R.4789, GG50623, dated 7 May 2024]
| (d) | a prospecting right granted offshore in terms of section 17 of the Act, excluding diamond concessions, for any mineral other than petroleum, the prospecting fee will be R 100,00 per square kilometre for the first year and thereafter escalate at a rate of R 10,00 per square kilometre per annum for the period granted. |
| (e) | a renewal of a prospecting right granted offshore in terms of section 18 of the Act, the prospecting fee will be R 200,00 per square kilometre for the first year and thereafter escalate at a rate of R 20,00 per square kilometre per annum for the renewal period granted. |
| (f) | [Regulation 76(1)(f) deleted by section 2(d) of Notice R.4789, GG50623, dated 7 May 2024] |
| (g) | [Regulation 76(1)(g) deleted by section 2(d) of Notice R.4789, GG50623, dated 7 May 2024] |
| (h) | a prospecting right granted in terms of section 17 of the Act for the (a), (b), (c) and (d) diamond concession areas, specified below will be as follows for the first year and thereafter escalate at a rate of 10 percent (simple interest) per annum for the duration of the prospecting right granted: |
Concession area |
Total amount (Rand) |
(a) |
5000,00 |
(b) |
4000,00 |
(c) |
3000,00 |
(d) |
2000,00 |
| (i) | For a renewal of a prospecting right granted in terms of section 18 of the Act for the (a), (b), (c) and (d) diamond concession areas, the initial rates specified in subregulation (1)(h) will double respectively for year one of the renewal period and thereafter escalate at a rate of 10 percent (simple interest) per annum for the renewal period granted. |
| (2) | The prospecting fees or must be paid by the holder of such right annually in advance and not later than 30 days from the commencement date of such right and thereafter not later than 30 days following the anniversary of each respective year of the prospecting right for the duration thereof. |
[Regulation 76(2) substituted by section 2(e) of Notice R.4789, GG50623, dated 7 May 2024]
| (3) | If the prospecting fees referred to in subregulation (2) are not paid punctually on the due dates of payment, the holder shall be in mora debitoris and shall pay interest thereon at the rate prescribed in terms of section 80 of the Public Finance Management Act, 1999 (Act No.1 of 1999) reckoned from the day following the last day allowed for payment up to and including the day of payment. |
[Regulation 76(3) substituted by section 2(e) of Notice R.4789, GG50623, dated 7 May 2024]
| (4) | Upon the relinquishment of areas already prospected, in respect of the applicable prospecting right, excluding a right granted over a diamond concession area, the prospecting fees payable may be reduced accordingly: Provided that— |
| (a) | written notification with details of the relinquishment is submitted by the holder of the prospecting right to the regional Manager at least 90 days before payment of the annual prospecting fees becomes due; and |
| (b) | the holder is not in mora debitoris due to late payments on any amount in respect of prospecting fees, or where any debt in respect of prospecting fees are outstanding. |
[Regulation 76(4) substituted by section 2(e) of Notice R.4789, GG50623, dated 7 May 2024]
| (5) | Where advance payments have been made and the prospecting right is abandoned, suspended or cancelled before the lapsing of such right, no refunds of prospecting fees paid will be allowed. |
[Regulation 76(5) substituted by section 2(e) of Notice R.4789, GG50623, dated 7 May 2024]