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Precious Metals Act, 2005 (Act No. 37 of 2005)

Precious Metals Regulations

5. Issuing of refining licence

 

 

(1) The Regulator may, subject to subregulation (2), within 60 days of the lodgement of an application, issue or renew a refining licence if —
(a) the applicant has complied with the objectives of the broad-based socio-economic empowerment charter developed in terms of section 100 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);
(b) the applicant is not in contravention of any provisions of the Act;
(c) the applicant has access to financial resources and appropriate technical expertise to conduct the proposed refining operation; and
(d) the business plan is compatible with the intended refining operations and the duration thereof.

 

(2) The Regulator may refuse the issuing or renewal of a refining licence if —
(a) the issuing of such licence will—
(i) result in an exclusionary act; or
(ii) prevent fair competition; or
(b) conditions do not support further refining operations.