Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)SchedulesSchedule II : Transitional Arrangements10. Continuation of approved environmental management programme |
| (1) | Any environmental management programme approved in terms of section 39(1) of the Minerals Act and in force immediately before this Act took effect and any steps taken in respect of the relevant performance assessment and duty to monitor connected with that environmental management programme continues to remain in force when this Act comes into effect. |
| (2) | Subitem (1) does not prevent the Minister from directing the amendment of an environmental management programme in order to bring it into line with the requirements of this Act |
| (3) | Any person exempted in terms of section 39(2)(a) of the Minerals Act before this Act took effect and whose exemption does not otherwise remain in force in terms of this Act must apply for an exemption in terms of this Act within one year from the date on which this Act took effect, otherwise the exemption lapses. |
| (4) | If the holder of an old order prospecting right or old order mining right or the owner of previous works ceases the relevant prospecting or mining operation works, the holder must apply for a closure certificate in terms of section 43. |
[Item 10(4) of Schedule II substituted by section 86(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (5) | Sections 38, 41(2) and 45 apply to a holder of an old order prospecting right or old order mining right. |
| (6) | If no application for a certificate contemplated in section 12 of the Minerals Act has been made, the holder referred to in that section, who remains liable for complying with the relevant provision of that Act, must apply for a closure certificate in terms of section 43. |
[Item 10(6) of Schedule II substituted by section 86(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]