| (b) |
the applicant has access to financial resources and has the technical ability to conduct the proposed mining operation optimally; |
| (c) |
the financing plan is compatible with the intended mining operation and the duration thereof; |
| (d) |
the mining will not result in unacceptable pollution, ecological degradation or damage to the environment and an environmental authorization is issued; |
[Section 23(1)(d) substituted by section 19(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (e) |
the applicant has provided for the prescribed social and labour plan; |
[Section 23(1)(e) substituted by section 19(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (f) |
the applicant has the ability to comply with the relevant provisions of the Mine Health and Safety Act, 1996 (Act No, 29 of 1996); |
| (g) |
the applicant is not in contravention of any provision of this Act; and |
| (h) |
the granting of such right will further the objects referred to in section 2(d) and (f) in accordance with the charter contemplated in section 100 and the prescribed social and labour plan. |
| (2) |
The Minister may, having regard to the nature of the mineral in question, take into consideration the provisions of section 26. |
| (2A) |
If the application relates to the land occupied by a community, the Minister may impose such conditions as are necessary to promote the rights and interests of the community, including conditions requiring the participation of the community. |
[Section 23(2A) inserted by section 19(c) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (3) |
The Minister must, within 60 days of receipt of the application from the Regional Manager, refuse to grant a mining right if the application does not meet the requirements referred to in subsection (1). |
[Section 23(3) substituted by section 19(d) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (4) |
If the Minister refuses to grant a mining right, the Minister must, within 30 days of the decision, in writing notify the applicant of the decision and the reasons. |
| (5) |
A mining right granted in terms of subsection (1) comes into effect on the effective date. |
[Section 23(5) substituted by section 19(e) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (6) |
A mining right is subject to this Act, any relevant law, the terms and conditions stated in the right and the prescribed terms and conditions and is valid for the period specified in the right, which period may not exceed 30 years. |
Special Investigating Units and Special Tribunals Act, 1996
