Mining Titles Registration Act, 1967 (Act No. 16 of 1967) Chapter I : Introduction 1. Interpretation of terms

 

In this Act, unless the context otherwise indicates, any expression to which a meaning has been assigned, in the Mineral and Petroleum Resources Development Act, 2002, bears the meaning so assigned thereto, and—

[Paragraph amended by section 1(a) of Act No. 24 of 2003]

 

"bewaarplaats"

[Definition deleted by section 1(b) of Act No. 24 of 2003]

 

"certificate of bezitrecht"

[Definition deleted by section 1(b) of Act No. 24 of 2003]

 

"certificate of reservation of a trading site"

[Definition deleted by section 1(b) of Act No. 24 of 2003]

 

"conveyancer"

means a person practising as such in the Republic;

 

"court"

means any court of the provincial or local division of the High Court having jurisdiction, or any judge of such court;

 

"Department”

means the Department of Minerals and Energy;

[Definition inserted by section 1(c) of Act No. 24 of 2003]

 

"diagram”

means a document containing geometrical, numerical and verbal representations of a piece of land, line, feature or area forming the basis for registration of a real right and which has been signed by a person recognised under any law then in force as a land surveyor, or which has been approved, confirmed or certified by the office of the Surveyor-General, and includes a diagram or copy prepared in the office of the Surveyor-General which has been so approved, confirmed or certified;

[Definition inserted by section 1(c) of Act No. 24 of 2003]

 

"Director-General”

means the Director-General of the Department;

[Definition inserted by section 1(c) of Act No. 24 of 2003]

 

"exploration right”

means a right granted in terms of section 80 of the Mineral and Petroleum Resources Development Act, 2002;

[Definition inserted by section 1(c) of Act No. 24 of 2003]

 

"government”

includes the national government, and any provincial and local government;

[Definition inserted by section 1(c) of Act No. 24 of 2003]

 

"holder"

[Definition deleted by section 1(b) of Act No. 24 of 2003]

 

"Master"

means the Master, Deputy Master or Assistant Master of the High Court having jurisdiction in respect of that matter;

[Definition substituted by section 1(d) of Act No. 24 of 2003]

 

"Mineral and Petroleum Resources Development Act, 2002"

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

[Definition inserted by section 1(e) of Act No. 24 of 2003]

 

"mineral title”

means any deed or document registered in the Mineral and Petroleum Titles Registration Office evidencing the right to prospect, mine, possess, trade or deal granted or acquired under the Mineral and Petroleum Resources Development Act, 2002, or any other law;

[Definition inserted by section 1(e) of Act No. 24 of 2003]

 

"mining permit”

means a permit granted in terms of section 27 of the Mineral and Petroleum Resources Development Act, 2002;

[Definition inserted by section 1(e) of Act No. 24 of 2003]

 

"mining right”

means a right granted in terms of section 23 of the Mineral and Petroleum Resources Development Act, 2002;

[Definition inserted by section 1(e) of Act No. 24 of 2003]

 

"Minister”

means the Minister of Minerals and Energy;

[Definition inserted by section 1(e) of Act No. 24 of 2003]

 

"mining title"

[Definition deleted by section 1(b) of Act No. 24 of 2003]

 

"mortgage bond" or "bond"

means a mortgage bond attested by the Director-General specially hypothecating any right granted or which remains in force in terms of the Mineral and Petroleum Resources Development Act, 2002;

[Definition substituted by section 1(f) of Act No. 24 of 2003]

 

"nomination agreement"

[Definition deleted by section 1(b) of Act No. 24 of 2003]

 

"notarial deed"

means a deed executed before and attested by a notary public, but does not include a document a signature to which is merely authenticated by a notary public or a copy of a document which has been certified as correct by a notary public;

 

"notary public"

means, in relation to any document executed in the Republic, a person practising as such in the Republic; and, in relation to any document executed outside the Republic, a person practising as such in the place where the document is executed;

 

"permit to retain and treat residues"

[Definition deleted by section 1(b) of Act No. 24 of 2003]

 

"petroleum title”

means any deed or document registered in the Mineral and Petroleum Titles Registration Office evidencing the right granted to explore or produce petroleum granted in terms of the Mineral and Petroleum Resources Development Act, 2002;

[Definition inserted by section 1(g) of Act No. 24 of 2003]

 

"plan”

means a prescribed sketch plan or locality plan defining the area for a right granted or issued for exploration, prospecting, reconnaissance, retention or a mining permit;

[Definition inserted by section 1(g) of Act No. 24 of 2003]

 

"prescribed"

means prescribed by or under this Act;

 

"production right”

means a right granted in terms of section 84 of the Mineral and Petroleum Resources Development Act, 2002;

[Definition inserted by section 1(h) of Act No. 24 of 2003]

 

"prospecting contract"

[Definition deleted by section 1(b) of Act No. 24 of 2003]

 

"prospecting right”

means a right granted in terms of section 17 of the Mineral and Petroleum Resources Development Act, 2002;

[Definition inserted by section 1(h) of Act No. 24 of 2003]

 

"reconnaissance permission”

means permission granted in terms of section 14 of the Mineral and Petroleum Resources Development Act, 2002;

[Definition inserted by section 1(h) of Act No. 24 of 2003]

 

"reconnaissance permit"

means a permit issued in terms of section 75 of the Mineral and Petroleum Resources Development Act, 2002;

[Definition inserted by section 1(h) of Act No. 24 of 2003]

 

"registrar"

[Definition deleted by section 1 of Act No. 14 of 1991]

 

"registry duplicate"

means the counterpart or copy of a certificate, deed or document consisting of more than one copy which is filed or intended to be filed of record in the Mining Titles Office;

 

"regulation"

means a regulation in force under this Act;

 

"retention permit"

means a permit issued in terms of section 32 of the Mineral and Petroleum Resources Development Act, 2002;

[Definition inserted by section 1(i) of Act No. 24 of 2003]

 

"right"

means any right held by or under any deed and registered or capable of being registered in terms of the Mineral and Petroleum Resources Development Act, 2002;

[Definition substituted by section 1(j) of Act No. 24 of 2003]

 

"stand title"

[Definition deleted by section 1(b) of Act No. 24 of 2003]

 

"surface right permit"

[Definition deleted by section 1(b) of Act No. 24 of 2003]

 

"technical co-operation permit"

means a permit issued in terms of section 77 of the Mineral and Petroleum Resources Development Act, 2002;

[Definition inserted by section 1(k) of Act No. 24 of 2003]

 

"this Act"

includes the regulations;

 

"tributing agreement"

[Definition deleted by section 1(b) of Act No. 24 of 2003]

 

"water right"

[Definition  deleted by section 1(b) of Act No. 24 of 2003]