| (1) |
Any person who wishes to apply to the Minister for an exploration right must lodge the application— |
| (c) |
together with the prescribed non-refundable application fee. |
| (2) |
The designated agency must, within 14 days of the receipt of the application, accept an application for an exploration right if— |
[Words preceding section 79(2)(a) substituted by section 57(a) 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 technical co-operation permit, exploration right or production right for petroleum over the same land and area applied for; and |
| (c) |
no prior application for a technical co-operation permit, exploration right or production right over the same mineral, land and area applied for has been accepted. |
[Section 79(2)(c) inserted by section 57(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 designated agency must notify the applicant in writing within 14 days of receipt of the application and provide reasons. |
[Section 79(3) substituted by section 57(c) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (4) |
If the designated agency accepts the application, the designated agency must, within 14 days of the receipt of the application, notify the applicant in writing to— |
| (a) |
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 report as required in terms of Chapter 5 of the National Environmental Management Act, 1998; and |
| (b) |
submit the relevant environmental reports required in terms of Chapter 5 of the National Environmental Management Act, 1998, within a period of 120 days from the date of the notice. |
[Section 79(4) substituted by section 57(d) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (5) |
Any technical co-operation permit in respect of which an application for an exploration right has been lodged in terms of subsection (1) shall, notwithstanding its expiry date, remain in force until such right has been granted or refused. |
[Section 79(5) substituted by section 57(e) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
Special Investigating Units and Special Tribunals Act, 1996
