| (1) | Any reservation or permission for or right to the use of the surface of land granted or acquired or deemed to have been granted or acquired— |
| (a) | in terms of section 75 of the Precious and Base Metals Act, 1908 (Act No.35 of 1908), of the Transvaal; |
| (b) | in terms of section 126(2) of the Precious Stones Act, 1964 (Act No. 73 of 1964); |
| (c) | in terms of section 90,91, 92, 93(4) or (7), 102, 103, 111, 113 or 116 of the Mining Rights Act, 1967 (Act No. 20 of 1967); |
| (d) | in terms of section 127,128 or I29 read with section 130 of the Mining Rights Act, 1967 (Act No. 20 of 1967); or |
| (e) | by virtue of a reservation under section 158 of the Mining Rights Act, 1967 (Act No. 20 of 1967), |
as the case may be, and in force in terms of section 48 of the Minerals Act immediately before this Act took effect, remains in force subject to the terms and conditions under which it was granted or acquired and contained in the document or documents concerned under which it continues to exist or remain in force and in those cases where they were attached to old order rights will so remain in force notwithstanding the cessation or existence of the relevant old order right to which they were attached if such old order right is replaced by a prospecting right or mining right in terms of items 6 or 7 and shall thereupon similarly attach to such permit or right, as the case may be.
| (2) | The holder, user or acquirer of any reservation, permission or right to use the surface of land contemplated in subitem (1) must register such reservation, permission or right in the Mineral and Petroleum Titles Registration Office within six years from the date on which this Act took effect and if such holder, user or occupier fails to register such reservation, permission or right, the reservation, permission or right shall cease to exist. |
[Item 9(2) of Schedule II substituted by section 85 of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (3) | Any reservation, permission or right to use the surface of land contemplated in subitem (1) which could have been ceded, transferred, let, sublet, subdivided, amended or mortgaged, wholly or in part, immediately before this Act took effect may be ceded, transferred, let, sublet, subdivided, amended or mortgaged, wholly or in part, in terms of this Act, but the holder must lodge it at the Mining Titles Office within 90 days for the registration of such cession, transfer, letting, subletting, tributing, subdivision, amendment or mortgage. |
| (4) | The owner of the land or any other person contemplated in section 48(2)(a) of the Minerals Act who was receiving compensation in terms of that section immediately before this Act took effect, or such owner’s or person’s successors in title, are entitled to continue receiving such compensation. |
(5)
| (a) | The holder of a reservation, permission or right contemplated in subitem (1) may abandon such reservation, permission or right, wholly or in part, by written notice to the relevant Regional Manager. |
| (b) | The reservation, permission or right contemplated in paragraph (a), or such part thereof as may have been abandoned, must thereupon be regarded as having lapsed with effect from the date of such notice. |
| (6) | The Director-General may cancel any reservation, permission or right if the holder thereof fails to comply with any term or condition of such right, reservation or permission, in which case section 47 applies with the necessary changes. |
| (7) | Any lease of the State’s interest in a mine in terms of section 74 of the Precious Stones Act, 1964 (Act No.73 of 1964), which was in force immediately before this Act took effect in terms of section 47(l)(a)(iii) of the Minerals Act continues in force subject to the terms and conditions contained in the document under which it was granted or entered into. |
