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

Schedules

Schedule II : Transitional Arrangements

1. Definitions

 

In this Schedule, unless the context indicates otherwise—

 

"holder"

in relation to an old order right, means the person to whom such right was or is deemed to have been granted or by whom it is held or is deemed to be held, or such person’s successor in title before this Act came into effect;

 

"Minerals Act"

means the Minerals Act, 1991 (Act No. 50 of 1991);

 

"old order mining right"

means any mining lease, mynpachten, consent to mine, permission to mine, claim licence, mining authorisation or right listed in Table 2 to this Schedule in force immediately before the date on which this Act took effect and in respect of which mining operations are being conducted;

[Definition substituted by section 78(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

 

"old order prospecting right"

means any prospecting lease, permission, consent, permit or licence, and the rights attached thereto, listed in Table 1 to this Schedule in force immediately before the date on which this Act took effect and in respect of which prospecting is being conducted;

 

"old order right"

means an old order mining right, old order prospecting right or unused old order right, as the case may be;

 

"OP26 mining lease"

means any mining lease granted in terms of clause 22 of prospecting lease 0P26 or the portions held under Deed of Cession 1/1996, registered in terms of the Mining Titles Registration Act, 1967 (Act No.16 of 1967);

[Definition substituted by section 78(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

 

"OP26 sublease"

means those parts of the OP26 mining lease which are held under Cessions 1/1999 and 1/2002 registered as such at the Mineral and Petroleum Titles Registration Office on 8 September 1999 and 30 September 2002, respectively;

[Definition substituted by section 78(c) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

 

"OP26 right"

means prospecting lease OP26 and the portions ceded under Deed of Cession 1/1996 registered in terms of the Mining Titles Registration Act, 1967 (Act No. 16 of 1967) or an OP26 sublease or an OP26 mining lease;

[Definition substituted by section 78(d) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

 

"unused old order right"

means any right, entitlement, permit or licence listed in Table 3 to this Schedule in respect of which no prospecting or mining was being conducted immediately before this Act took effect.