Mineral and Petroleum Resources Development Amendment Act

This amendment replaces paragraphs 25(d) and (e) with objectives about expanding participation in mineral and petroleum industries and promoting related economic growth.

This section amends section 3 to let the law prescribe and levy fees, and it requires the Minister of Finance to determine and levy the State royalty under an Act of Parliament.

This section says certain registered mineral and petroleum rights are limited real rights, and it gives the right holder permission to enter the land, bring equipment, build infrastructure, and—when dealing with diamonds and subject to another section—remove and dispose of diamonds found during mining.

A new section is inserted after section 5, titled “Prohibition relating to illegal act.”

No person may carry out the listed mining or petroleum activities on any area unless the required authorisation or right is in place and the landowner or lawful occupier has been given at least 21 days’ written notice.

When the Minister considers applications received on the same day, the Minister must give preference to applications from historically disadvantaged persons.

This section amends section 10 of the principal Act so that paragraph (a) says an accepted application for a prospecting right, mining right, or mining permit must be made known for the land in question.

The section limits transfers or other disposal of prospecting or mining rights, and requires related transactions to be lodged for registration within 60 days.

The Regional Manager must reject non-compliant applications and notify the applicant in writing within 14 days, with written reasons.

If the Minister refuses a reconnaissance permission, the Minister must notify the applicant in writing with reasons within 30 days.

A holder of a reconnaissance permission may enter the land for reconnaissance work, but must give the landowner or lawful occupier written notice at least 14 days before entry.

This section amends the prospecting-right application process: applicants must also apply for environmental authorisation, and the Regional Manager must accept or reject the application based on stated conditions.

This section changes the rules for granting or refusing a prospecting right and lets the Minister attach community-protection conditions in some cases.

This section amends section 18 of the principal Act.

This section amends Section 19 to change deadlines and conditions for a prospecting right, royalty payment, and reporting obligations.

A holder of a prospecting right must get the Minister’s written permission before removing and disposing of certain minerals for the holder’s own account.

The Regional Manager must send certain progress reports and data to the Council for Geoscience within 30 days of receiving them, the Council for Geoscience must advise the Minister on prospecting information, and no person may dispose of or destroy specified records or data except under written directions from the Regional Manager with the Council for Geoscience.

This section amends mining-right application rules by requiring environmental authorisation, environmental reports, consultation, and set response timeframes for the Regional Manager.

The Minister may add conditions for community land applications, must refuse a mining right within 60 days if subsection (1) requirements are not met, and the applicant must provide for the prescribed social and labour plan.

This section amends section 24 of the principal Act and says a mining right may be renewed for further periods of up to 30 years each.

This amendment changes section 25 so a right must be registered at the Mineral and Petroleum Titles Registration Office within 60 days after the right becomes effective, and compliance now refers to conditions of authorisation and payment of State royalties.

The Minister may promote mineral beneficiation by initiating or prescribing incentives, and may prescribe the levels required for beneficiation.

This section amends section 27 to change mining permit rules, including a 5.0-hectare limit and several application and timing requirements.

Holders of a mining right or mining permit must keep proper mining and financial records at their registered office or place of business, and they must submit to the Director-General as stated in the amended text.

People submitting certain information or data must tell the Regional Manager what should stay confidential, and data, information, or reports lodged with the Council for Geoscience must remain confidential until the related right, permit, or permission ends or the area is abandoned or relinquished.

An application must be lodged at the Regional Manager’s office for the region where the land is situated, in the prescribed manner, and with the prescribed non-refundable application fee.

The section says the conditions of the environmental authorisation for a prospecting right continue to apply even if the prospecting right has lapsed, despite subsection (2).

Section 33(c) is amended so that granting the right is assessed by whether it would concentrate the mineral resources in question under the applicant and associated companies, possibly limiting equitable access.

This section amends section 35 to require compliance with environmental authorisation conditions, payment of prescribed retention fees, consideration of specified market factors, and submission of the retention permit for recording within 60 days after issue.

Section 37(1)(a) is amended so it applies to all prospecting and mining operations and to related matters or activities.

Section 38 of the principal Act is repealed, and sections 38A and 38B are inserted into Act 28 of 2002.

The Minister is responsible for environmental provisions here, may direct a right-holder or permit-holder to upgrade environmental management documents if pollution or damage is likely, and must issue an environmental authorisation once the stated deficiencies are fixed and Chapter 5 requirements are met.

Sections 39 to 42 of the principal Act are repealed.

The provision updates mine-closure rules: certain right holders must keep managing environmental responsibilities, apply for a closure certificate on time, and meet specified confirmation and reporting requirements before a certificate can be issued.

If a prospecting, mining, retention, or mining permit ends or is cancelled, abandoned, or otherwise ceases, the holder may not demolish or remove buildings, structures, or objects, except that bona fide mining equipment may be removed lawfully.

If certain mining or prospecting activities cause environmental harm or breach authorisation conditions, the Minister may direct the relevant permit or authorisation holder to investigate, report, take specified remedial steps, and finish them by the date in the directive.

The Minister may direct the Regional Manager to take environmental cleanup or safety measures in certain cases, and those measures must be funded from the relevant holder’s financial provision or, if none is available or adequate, from money appropriated by Parliament.

The Minister may cancel or suspend certain mining-related permissions and rights if the holder or owner breaches environmental conditions, gives false or misleading information, or undertakes listed transactions without prior written approval.

Section 48 is amended so that certain reconnaissance, prospecting, mining rights, and mining permits may not be granted, subject to the cited sections and subsection (2).

This section changes section 49 so the Minister can restrict or prohibit certain mineral rights and can invite applications by Gazette notice.

A mining right holder must consult the relevant workers or union representatives and notify the Minister in the prescribed manner, and remains responsible for Labour Relations Act processes on downscaling and retrenchment until a closure certificate is issued.

The Minister may order an investigation if someone is alleged to intend land use that could harm mining of mineral resources.

This section amends Section 56 and changes its heading to refer to the lapsing of rights, permits, permissions, and licences.

This section substitutes a new heading for Chapter 5 and states: “MINERALS AND [MINING DEVELOPMENT] PETROLEUM BOARD”.

This section substitutes section 57 of the principal Act with a section titled “Establishment of Minerals and Petroleum Board.”

The Minerals and Petroleum Board is established.

This section amends section 58 of the principal Act by replacing certain subparagraphs, and it also notes an amendment to section 59 of Act 28 of 2002.

This section amends section 59 so the Board must have 17 to 20 members, reflect the Republic’s gender and racial composition, and include at least one person from a designated agency.

This section amends section 61 of the principal Act by deleting wording in subsection (2)(a)(i).

The Chairperson, or the Minister if the Chairperson is absent, must convene the Board’s first meeting. If both the Chairperson and Deputy Chairperson are absent from a meeting, the attending members must choose one of themselves to act as Chairperson for that meeting.

This section amends section 69 of the principal Act so that specified sections and Schedule II apply, with necessary changes, for the purposes of the Chapter.

This provision amends section 71 by replacing paragraph (i) so that it covers review and recommendations to the Minister about environmental reports, environmental authorisation conditions, and amendments to those conditions.

This section amends section 73 of the principal Act by deleting subsection 45(3).

The designated agency must act on reconnaissance permit applications within set time limits and may require the applicant to do consultation and submit environmental reports.

This section amends section 75 by replacing two conditions for a reconnaissance application.

Section 76 is amended to add a new requirement that, if an application does not comply with the section, the designated agency must notify the applicant in writing within 14 days and give reasons.

This provision amends section 78 to add a requirement to submit a technical co-operation permit for recording in the Mineral and Petroleum Titles Registration Office.

This amendment changes section 79 to require the designated agency to act on exploration-right applications within set time limits and to keep certain technical co-operation permits in force while related applications are pending.

This section changes when the Minister may request action from an applicant, when the Minister must refuse an exploration right application, and when a granted exploration right starts to operate.

This provision amends section 81 of the principal Act by changing the wording about reports and the conditions of environmental authorisation.

A right must be lodged for registration at the Mineral and Petroleum Titles Registration Office within 60 days.

The designated agency must accept certain exploration-right applications within 14 days, notify applicants in writing if an application does not comply, and give reasons. If accepted, the applicant is told to consult affected parties and submit environmental reports within 180 days.

The Minister must refuse a production-right application that does not meet the subsection (1) requirements, within 60 days of receipt, and must notify the applicant in writing with reasons within 30 days if refusal is made.

A production right with a pending renewal application stays in force even after its expiry date, until the application is granted or refused.

This section amends section 86 to require registration of the right within 60 days after it becomes effective and to require compliance with the right’s terms, relevant law, environmental authorisation, the social and labour plan, and State royalties.

The designated agency must send the specified progress reports and data to the Council for Geoscience within 30 days after submission.

Section 92 is amended to let an authorised person act without a warrant during office hours and to require certain persons to produce relevant records or data for inspection or copying.

If specified conditions about a right, permit, permission, or environmental authorisation apply on the relevant area, the person referred to may do something further (the text cuts off before saying what).

People affected by an administrative decision may appeal within 30 days, and the appeal does not automatically suspend the decision.

This section amends section 98 of the principal Act by replacing certain referenced subparagraphs and paragraph (c).

The Minister must develop a broad-based socio-economic empowerment Charter within six months after the Act takes effect.

This section substitutes a new section 101 titled “Appointment of contractor.”

If a holder of a right, permit, or permission hires someone or a contractor to do work in the specified area, the holder stays responsible for compliance with the Act.

Listed mining and environmental permissions, rights, programmes, and plans may not be amended or varied without the Minister’s written consent.

A person exercising a delegated or assigned power or duty may withdraw or amend a decision they made, but existing rights must not be affected.

A community seeking a preferent right to prospect or mine must apply to the Minister, and the Minister must grant the right if the relevant sections have been complied with.

A person who has applied for a right, permit, or permission must notify the Regional Manager if the landowner or lawful occupier cannot be traced, or is deceased and no successor in title can be traced.

An exempted organ of state must submit the relevant environmental reports required under Chapter 5 of the National Environmental Management Act.

Section 107 is amended by deleting paragraph (a) from subsection (1).

This section amends Schedule II by replacing the definitions of several OP26-related mining terms and “old order mining right.”

If an environmental management programme does not meet the Act’s requirements, the Regional Manager must direct the holder to submit the missing information.

The holder must lodge the converted right within 90 days of notice of conversion, and the related registration must happen within six months of conversion and alongside deregistration steps.

The holder must lodge the converted right within 90 days after notice of conversion, and the lease ends once the conversion and production right registration are completed.

The holder must lodge a converted right for registration within 90 days after receiving notice of conversion, and arrange deregistration of the old order prospecting right at the relevant office(s).

Old order mining rights may continue in force for up to five years, subject to the stated terms and conditions. If an applicant does not meet the listed requirements, the Regional Manager must ask the applicant in writing to comply within 60 days.

If the applicant does not comply with subitem 3A, the Minister must refuse the conversion and notify the applicant in writing within 30 days, giving reasons.

If an application concerns community-occupied land, the Minister may impose community-protective conditions, including participation requirements. The holder of a converted right must lodge it within 90 days after notice of conversion.

This section amends Schedule II so that any unused old order right already in force keeps running, but only on its original terms and for no longer than one year after commencement, or its original period if that is shorter.

Certain holders, users, or acquirers of surface-use reservations, permissions, or rights must register them in the Mineral and Petroleum Titles Registration Office within six years, or they cease to exist.

This section amends Item 10 of Schedule II so certain holders must apply for a closure certificate when they stop relevant prospecting or mining operations.

Section 52 applies to holders of old order prospecting rights or old order mining rights.

Compensation claims must be lodged with the Director-General, and the Minister may set the filing procedure and timing for court proceedings.

This section amends Table 2 of Schedule II by replacing the wording for Categories 3 and 4.

This section replaces Category 10 in Schedule II and sets when the Act, related amendments, and Schedule II come into operation.