| (1) | Subject to subitems (2) and (8), any old order mining right in force immediately before this Act took effect continues in force for a period not exceeding five years from the date on which this Act took effect or the period for which it was granted, whichever period is the shortest, subject to the terms and conditions under which it was granted or issued or was deemed to have been granted or issued. |
[Item 7(1) of Schedule II substituted by section 83(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (2) | A holder of an old order mining right must lodge the right for conversion within the period referred to in subitem (1) at the office of the Regional Manager in whose region the land in question is situated together with— |
| (b) | a sketch plan or diagram depicting the mining area for which the conversion is required, which area may not be larger than the area for which be or she holds the old order mining right; |
| (c) | the name of the mineral or group of minerals for which he or she holds the old order mining right; |
| (d) | a affidavit verifying that the holder is conducting mining operations on the area of the land to which the conversion relates and setting out the periods for which such mining operations conducted; |
| (e) | a statement setting out the period for which the mining right is required substantiated by a mining work programme; |
| (f) | a prescribed social and labour plan; |
| (g) | information as to whether or not the old order mining right is encumbered by any mortgage bond or other right registered at the Deeds Office or Mineral and Petroleum Registration Office; |
[Item 7(2)(g) of Schedule II substituted by section 83(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (h) | a statement setting out the terms and conditions which apply to the old order mining right; |
| (i) | the original title deed in respect of the land to which the old order mining right relates, or a certified copy thereof; |
| (j) | the original old order right and the approved environmental management programme or certified copies thereof; and |
| (k) | documentary proof of the manner in which, the holder will give effect to the object referred to in section 2(d) and 2(f). |
[Item 7(2)(k) of Schedule II substituted by section 83(c) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (3) | The Minister must convert the old order mining right into a mining right if the holder of the old order mining right— |
| (a) | complies with the requirements of subitem (2); |
| (b) | has conducted mining operations in respect of the right in question; |
| (c) | indicates that he or she will continue to conduct such mining operations upon the conversion of such right; |
| (d) | has an approved environmental management programme; and |
| (3A) | If the applicant does not comply with the requirements of the subitem (2) and (3), the Regional Manager must in writing request the applicant to comply within 60 days of such request. |
[Item 7(3A) of Schedule II inserted by section 83(d) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (3B) | If the applicant does not comply with subitem 3A, the Minister must refuse to convert the right and must notify the applicant in writing of the decision within 30 days with reasons. |
[Item 7(3B) of Schedule II inserted by section 83(d) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (3C) | If the application relates to land occupied by the community, the Minister may impose such conditions as are necessary to promote the rights and interests of the community, including conditions requiring the participation of the community. |
[Item 7(3C) of Schedule II inserted by section 83(d) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (4) | No terms and conditions applicable to the old order mining right remain in force if they are contrary to any provision of the Constitution or this Act. |
| (5) | The holder must lodge the right converted under subitem (3) within 90 days from the date on which he or she received notice of conversion at the Mineral and Petroleum Titles Registration Office for registration and simultaneously at the Deeds Office or the Mineral and Petroleum Titles Registration Office for deregistration of the old order mining right as the case may be. |
[Item 7(5) of Schedule II substituted by section 83(d) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (6) | If a mortgage bond has been registered in terms of the Deeds Registries Act, 1937 (Act No.47 of 1937), or the Mining Titles Act, 1967 (Act No. 16 of 1967), over the old order mining right, the mining right into which it was converted must be registered in terms of this Act subject to such mortgage bond, and the relevant registrar must make such endorsements on every relevant document and such entries in his or her registers as may be necessary in order to give effect to this subitem, without payment of transfer duty, stamp duty, registration fees or charges. |
| (7) | Upon the conversion of the old order mining right and the registration of the mining right into which it was converted the old order mining right ceases to exist |
| (8) | If the holder fails to lodge the old order mining right for conversion before the expiry of the period referred to in subitem (1), the old order mining right ceases to exist |
