Special Investigating Units and Special Tribunals Act, 1996
R 385
Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)Chapter 4 : Mineral and Environmental Regulation49. Ministers power to prohibit or restrict prospecting or mining |
| (1) | Subject to subsection (2), the Minister may after inviting representations from relevant stakeholders, from time to time by notice in the Gazette, having regard to the national interest, the strategic nature of the mineral in question and the need to promote the sustainable development of the nation’s mineral resources— |
| (a) | prohibit or restrict the granting of any reconnaissance permission, prospecting right, mining right or mining permit in respect of land identified by the Minister for such period and on such terms and conditions as the Minister may determine; or |
| (b) | restrict the granting of any reconnaissance permission, reconnaissance permit, prospecting right, mining right or mining permit in respect of a specific mineral or mining permit in respect of a specific mineral or minerals or class of minerals identified by the Minister for such period and on such terms and conditions as the Minister may determine. |
[Section 49(1) substituted by section 40(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (2) | A notice contemplated in subsection (1) does not affect prospecting or mining in, on or under land which, on the date of the notice, is the subject of a reconnaissance permission, prospecting right, a mining right, a retention permit or a mining permit. |
| (3) | The Minister may from time to time by notice in the Gazette— |
| (a) | lift a prohibition or restriction made in terms of subsection (1) if the circumstances which caused the Minister so to prohibit or restrict no longer exist; or |
| (b) | amend the period, term or condition applicable to any prohibition or restriction made in terms of subsection (1) if the circumstances which caused the Minister so to prohibit or restrict have changed. |
| (4) | Subject to subsection (2)(b), the Minister may by notice in the Gazette invite applications for a prospecting right, mining right or mining permit in respect of any mineral or land, and may specify in such notice the period within which any application may be lodged and the terms and conditions subject to which such right or permit may be granted. |
[Section 49(4) inserted by section 40(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
