Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)

Schedule I : Repeal or Amendment of Laws (Section 110)

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(Section 110)

 

No. and year of Act

Short Title

Extent of repeal or amendment

Act No. 47 of 1937

Deeds Registries Act, 1937

1)The repeal of sections 3(1)(m), (n), (o), 17(5)(b), 70 to 74, 84, 85 and 90(1)(a), (c) and (e).
2)The amendment of section 67 by the deletion of the words "or in a deed of cession of rights to minerals".
3)The amendment of section 90(a) by the deletion of the words "tight to minerals".
4)The amendment of section 102 by -
a)the deletion of paragraph (a) in the definition of "immovable property"; and
b)the deletion of the definition of "prospecting contract".

Act No. 50 of 1956

General Laws Amendment Act, 1956

The repeal of sections 3 and 4.

Act No. 96 of 1969

Expropriation of Mineral Rights (Township) Act, 1969

The whole

Act No. 29 of 1996

Mine Health and Safety Act, 1996

1)Amendment of section 102 by the substitution of the following definition for the definition of "mining area";

"mining area’ means a prospecting area, mining area, retention area, exploration area and production area as defined in section 1 read with section 65(2)(b) of the Petroleum and Mineral Resources Development Act., 2002 (Act No. 28 of 2002).".

Act No.57 of 1976

National Parks Act, 1976

The deletion of any reference to mineral right in sections 2A,2C,2D,3 and 3A.

Act No. 39 of 1979

Bophuthatswana Land Control Act, 1979

The deletion of section 16(1).

Act No. 6 of 1986

Venda Land Control Act,1986

The deletion of section 16(1)

Act No. 50 of 1991

Minerals Act, 1991

 

The whole, except for the definitions of "precious metals" and "unwrought precious metal" in section 1 and Chapter XVI of the Mining Rights Act, 1967 and except the definition of "Sunday" in and section 9 of the Mines and Works Act, 1956

Act No. 47 of 1994

Mineral and Energy LawsRationalisation Act, 1994

The whole

Act No. 3 of 1996

Land Reform (Labour Tenant’s) Act, 1996

Deletion of reference to mineral rights in section 2(3)

Act No. 94 of 1998

Transformation of CertainRural Areas Act, 1998

Section 6.

Act No. 107 of 1998

National Environmental Management Act, 1998

Amendment of section 36 by the deletion of the proviso to subsection (1).

Act No. 8 of 1997

Land Survey Act, 1997

1)Amendment of section 1 by -
a)the deletion of paragraph (d) of the definition of "owner";
b)the substitution for the definition of "share" of the following definition:

l’share’, in relation to land, [and rights to minerals] means an undivided share;".

2)Amendment of section 29 by -
a)the substitution in subsection for paragraph (c) of the following paragraph:

"(c) holders of real rights [other than a right to minerals] in the piece of land or in land contiguous thereto whose rights would be adversely affected by the position of the beacons or boundaries adopted; and

b)by the substitution in sub section (2) for paragraph (ii) of the proviso to paragraph (d) of the following paragraph:

"(ii) in respect of that piece of land, or any contiguous land, [or any rights to minerals in that piece of laud] or any other real rights which are held by two or more owners or holders in shares, it shall be sufficient if the agreement is signed by the owners or holders of not less than three-fourths of the shares in the piece of land or the rights, as the case may be;" and

c)by the deletion in subsection (2) of paragraph (iii) of the proviso to paragraph (d).


3)Amendment of section 34 by the substitution in subsection (2) for the proviso to paragraph (b) of the following proviso:

"Provided that in respect of that contiguous land, [or any rights to minerals In respect of the land being surveyed] or any other real rights which are held by two or more owners or holders in shares, it shall be sufficient if the agreement is signed by the owners or holders of not less than 75% share in that piece of land or those rights, as the case may be; and".