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 mining right must simultaneously apply for an environmental authorization and must lodge the application—

[Words preceding section 22(1)(a) substituted by section 18(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, within 14 days of receipt of the application, accept an application for a mining right if—

[Words preceding section 22(2)(a) substituted by section 18(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

(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 or mining permit or retention permit, has been accepted for the same mineral and land and which remains to be granted or refused.

[Section 22(2)(c)(inserted by section 18(c) 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 within 14 days of the receipt of the application.

[Section 22(3) substituted by section 18(d) 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 the relevant environmental reports, as required in terms of Chapter 5 of the National Environmental Management Act, 1998, within 180 days from the date of the 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 environmental reports.

[Section 22(4) substituted by section 18(e) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

(5)	The Regional Manager must, within 14 days of receipt of the environmental reports and results of the consultation contemplated in subsection (4) and section 40, forward the application to the Minister for consideration.

[Section 22(5 substituted by section 18(f) of the Mineral and Petroleum Resources Development Amendment Act, 2008]