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

Chapter 4 : Mineral and Environmental Regulation

Purchase

(1)	Any person who wishes to apply to the Minister for a prospecting right must simultaneously apply for an environmental authorization and must lodge the application—

[Words preceding section 16(1)(a) substituted by section 12(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

(a)	at the office of the Regional Manager in whose region the land is situated;

(b)	in the prescribed manner, and

(c)	together with the prescribed non-refundable application fee.

(2)	The Regional Manager must accept an application for a prospecting right if—

(a)	the requirements contemplated in subsection (1) are met;

(b)	no other person holds a prospecting right, mining right, mining permit or retention permit for the same mineral and land; and

(c)	no prior application for a prospecting right, mining right, mining permit or retention permit has been accepted for the same mineral on the same land and which remains to be granted or refused.

[Section 16(2) substituted by section 12(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

(3)	If the application does not comply with the requirements of this section, the Regional Manager must notify the applicant in writing of that fact within 14 days of receipt of the application.

[Section 16(3) substituted by section 12(c) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

(4)	If the Regional Manager accepts the application, the Regional Manager must, within 14 days from the date of acceptance, notify the applicant in writing—

(a)	to submit relevant environmental reports required in terms of Chapter 5 of the National Environmental Management Act, 1998 within 60 days of the date of notice; and

(b)	to consult in the prescribed manner with the landowner, lawful occupier and any interested and affected party and include the result of the consultation in the relevant environment reports.

[Section 16(4) substituted by section 12(d) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

(5)	Upon receipt of the information referred to in subsection (4(a) and (b), the Regional Manager must forward the application to the Minister for consideration.

(6)	[Section 16(6) deleted by section 12(e) of the Mineral and Petroleum Resources Development Amendment Act, 2008]