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

Regulations

Amendment Regulations to the Mineral and Petroleum Resources Development Regulations, 2020

Chapter 2 : Mineral and Petroleum, Social and Environmental Regulations

Part 1 : Mineral and Petroleum Regulation

10. Application for mining right

 

(1) An application for a mining right in terms of section 22(1) of the Act must be completed in the form of Form D contained in Annexure 1 and must contain—
(a) the full particulars of the applicant;
(b) in the case of a company or closed corporation, documentary proof that the applicant has obtained the necessary authority to make the application in a representative capacity on behalf of the company or closed corporation, as the case may be;
(c) a plan contemplated in regulation 2(2) showing the land and mining area to which the application relates;
(d) the mineral or minerals for which the right is required;
(e) the period for which the right is required;
(f) a mining work programme contemplated in regulation 11;
(g) a social and labour plan contemplated in regulation 46;
(h) detailed documentary proof of the applicant's technical ability or access thereto to conduct the mining activities and to mitigate and rehabilitate relevant environmental impacts;
(i) documentary proof that the applicant has the ability to comply with relevant provisions of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996);
(j) a description of how the applicant's technical ability will be provided by making use of in-house expertise, contractors and consultants on the proposed mining operation;
(k) budget and documentary proof of the applicant's financial ability or access thereto, which may include but is not limited to the following:
(i) Loan agreements entered into for the proposed mining operation;
(ii) a resolution by a company to provide for the finances required for the proposed mining operation; and
(iii) any other mechanism or scheme providing for the necessary finances for the proposed mining operation.
(l)        a list of existing rights or a list of existing rights and permits, as the case may be held by the applicant, to be compiled in a table format that indicates the region and location with regard to the land name and the existing right or permit number for each mineral within the Republic; and
(m) a certified copy or copies of the title deed or deeds, where applicable, in respect of the land to which the application relates; and
(n) any other specific and additional information, data or documentation that the Minister may request in connection with the information submitted under paragraphs (a) to (m).

 

(2) The application for a mining right must be lodged together with the application fee specified in regulation 75(1)(c).