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

Schedule II : Transitional Arrangements

Table 2 : Old order mining rights

 

Category 1

 

The common law mineral right, together with a mining authorisation obtained in connection therewith in terms of section 9(1) of the Minerals Act.

 

Category 2

 

A consent to mine granted in terms of section 9(1)(b) or 9(2) of the Minerals Act and the common law mineral right attached thereto, together with a mining authorisation issued in connection therewith in terms of section 9(1) of the Minerals Act.

 

Category 3

 

A right to dig or to mine or claim licence, a tributing agreement or a mynpachen referred to in section 47 of the Minerals Act and the common law mineral right attached thereto, together with a mining authorisation obtained in connection therewith under section 47(1)(e) in terms of section 9(1) of the Minerals Act.

[Category 3 of Table 2 substituted by section 89(a) of Act No. 49 of 2008 - effective 1 May 2004 (refer section 94(4) of Act No. 49 of 2008)]

 

Category 4

 

A right to dig or to mine referred to in section 47(5) of the Minerals Act or any right to dig or mine acquired under a tributing agreement as defined in section 1 of the Mining Titles Registration Act, 1967 (Act No. 16 of 1967), or any sub-grant acquired by virtue of the first mentioned right and the common law mineral right attached thereto, together with a mining authorisation obtained in connection therewith in terms of section 9(1) of the Minerals Act.

[Category 4 of Table 2 substituted by section 89(b) of Act No. 49 of 2008 - effective 1 May 2004 (refer section 94(4) of Act No. 49 of 2008)]

 

Category 5

 

Any permission to mine in terms of section 16(1) of the Bophuthatswana Land Control Act, 1979 (Act No. 39 of 1979), section 16(1) of the Venda Land Control Act, 1986 (Act No.6 of 1986), section 15 of the Lebowa Minerals Trust Act, 1987 (Act No. 9 of 1987), section 5 1(1) of the Rural Areas Act (House of Representatives), 1987 (Act No.9 of 1987), or section 6 of the Transformation of Certain Rural Areas Act, 1998 (Act No. 94 of 1998), and the common law mineral right attached thereto and a mining authorisation in terms of the Minerals Act.

 

Category 6

 

A temporary authorisation or permit authorising the continuation of a mining operation on the land comprising the subject of a mining authorisation or permit which had been authorised under such mining authorisation or permit, as provided for in section 10 of the Minerals Act, 1991 (Act No. 50 of 1991).