Minerals and Energy Laws Amendment Act
15 August 2005 No. 27897 THE PRESIDENCY No. 824
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- South Africa
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- Act or statute
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- Act 11 of 2005
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- en
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About this statute
15 August 2005 No. 27897 THE PRESIDENCY No. 824 This provision says the President assented to and published the Act, which corrects earlier amendments and repeals certain expressions in a related schedule. This section replaces the Schedule to the Mining Titles Registration Amendment Act, 2003 with a new Schedule. This section repeals several listed sections and subsections. This section substitutes section 21 with a new section, but the provided text is incomplete.
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Provisions of Minerals and Energy Laws Amendment Act
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August
AI-assisted research summary: 15 August 2005 No. 27897 THE PRESIDENCY No. 824
15 August 2005 No. 27897 THE PRESIDENCY No. 824 - 15 Verify source ↗
August 2005
AI-assisted research summary: This provision says the President assented to and published the Act, which corrects earlier amendments and repeals certain expressions in a related schedule.
15 August 2005 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 11 of 2005: Minerals and Energy Laws Amendment Act, 2005 AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 27897 GOVERNMENT GAZETTE, 15 AUGUST 2005 Act No. 11,2005 MINERALS AND ENERGY LAWS AMENDMENT ACT, 2005 GENERAL EXPLANATORY NOTE: r ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. (English text signed by the President.) (Assented to 10 August 2005.) ACT To correct amendments made to the Deeds Registries Act, 1937, by the Mining Titles Registration Amendment Act, 2003, and the Mineral and Petroleum Resources Development Act, 2002, by substituting the Schedule to the Mining Titles Registration Amendment Act, 2003, and by repealing certain expressions in Schedule I to the Mineral and Petroleum Resources Development Act, 2002; and to provide for matters connected therewith. E IT ENACTED by the Parliament of the Republic of South Africa, as B foii0Ws:- Substitution of Schedule to Act 24 of 2003
Part
Schedule I to the Mineral and Petroleum Resources Development Act, 2002; and to
- 1 Verify source ↗
The following Schedule is hereby substituted for the Schedule to the Mining Titles
AI-assisted research summary: This section replaces the Schedule to the Mining Titles Registration Amendment Act, 2003 with a new Schedule.
1. The following Schedule is hereby substituted for the Schedule to the Mining Titles Registration Amendment Act, 2003: 5 4 No. 27897 GOVERNMENT GAZE’ITE, 15 AUGUST 2005 Act No. 11,2005 MlNERALS AND ENERGY LAWS AMENDMENT ACT, 2005 “SCHEDULE LAWS AMENDED (Section 53) Short title Extent of repeal or amendment 5 Deeds Registries Act, 1937 - 1 Verify source ↗
The repeal of sections 3(1)(1),
AI-assisted research summary: This section repeals several listed sections and subsections.
1. The repeal of sections 3(1)(1), 3(l)fm), 3(1)(n), 3(l)(q), 17(Wb), 26(l)bis, 44(3), 64(2)bis, 64(2)ter, 70 to 74ter, 84, 85 and 90(2)(b). - 2 Verify source ↗
The substitution for section 21 of the
AI-assisted research summary: This section substitutes section 21 with a new section, but the provided text is incomplete.
2. The substitution for section 21 of the following section: ‘“lkansfer or cession from joint estate - 21 Verify source ↗
In any deed of transfer or deed
AI-assisted research summary: When a transfer or cession deed for an asset in a joint estate is lodged in the deeds registry, the surviving spouse must be joined with the deceased spouse’s executor, subject to listed exceptions.
21. In any deed of transfer or deed - of cession lodged in a deeds registry and relating to [land or rights to minerals which are assets] an asset in a joint estate, the surviving spouse shall be joined in his or her personal capacity with the executor of the estate of the deceased spouse ex- cept- (a) where the executor is dealing only with the share of the de- ceased spouse; or (b) where the [land or rights to minerals have] asset has been sold to pay the debts of the joint estate; or (c) where there has been a massing of the joint estate and the sur- viving spouse has adiated; or (d) where such transfer or cession is in favour of the surviving spouse; or ( e ) where the power of attorney to pass such transfer or cession[,] has been signed by the surviv- ing spouse in the capacity of executor.”. - 3 Verify source ↗
The amendment of section 28 by the
AI-assisted research summary: If partitioned land is shown in the title deeds to be subject to a lease, personal servitude, or other real right, the holder’s written consent and any related deed must be produced to the registrar.
3. The amendment of section 28 by the ;ubstitution for subsection (1) of the ollowing subsection: “( 1) If the share or shares owned by any of the parties to a partition appear from the title deeds of the land partitioned to be subject to a lease, personal servitude or other real right [(excluding any rights to minerals)], the written consent of the holder thereof to the partition and allocation of the lease, servitude or other such real right, together with the deed, if any, by which the lease, servitude or real right is held, shall be produced to the registrar.”. - 1 Verify source ↗
The amendment of section 32 by-
AI-assisted research summary: This provision amends section 32 by removing references to “or right to minerals” and replacing the rules on expropriation records and title deed notes.
1. The amendment of section 32 by- ‘a) the deletion in subsections (l), 10 15 20 25 30 35 40 45 50 55 2(a) and (4) of the expression “or right to minerals”, wherever it appears; 60 6 No. 27897 GOVERNMENT GAZETE, IS AUGUST 2005 Act No. 11,2005 MINERALS AND ENERGY LAWS AMENDMENT ACT, 2005 -- rJo. and year of ict ~~ Short title Extent of repeal or amendment the substitution for subsection (5) of the following subsection: “ ( 5 ) Immediately after any right of servitude over any land [or right to minerals therein] has been expropriated, the ex- propriating authority shall lodge with the registrar a certi- fied copy of the notice of ex- propriation, two copies of the relevant expropriation plan of the servitude in question [or where the right to minerals in only a portion of the land has been expropriated, two copies of the relevant expropriation plan of such portion,] and a certificate describing the land and stating the name, number and administrative district thereof, as well as the full names and surname of the reg- istered owner and the number (consisting of the serial and year number) of the title deed, and the registrar shall cause a note of the expropriation to be registers, anc made in his if at any time the original of the title deed [or of the title under which the right to minerals in question is held] is lodged in registry for any pur- his pose or application is made for the issue of a certified copy of such title deed [or title, he]& registrar shall cause an appro- priate note to be endorsed thereon as well as on the office copy thereof and a copy of the expropriation plan to be an- nexed thereto as well as to the office copy thereof.”; ‘c) the substihkon for subsection (SA) of the following subsection: “@A) Whenever any right of servitude [or right to minerals] over land has been expropriated and formal cession of such right of servitude [or right to minerals] to the cessionary has not been effected, the registrar shall, on written application by the cessionary and the owner of the land [or right to minerals], cancel any note of the expro- registers priation in his or endorsement on the title deed of the land [or the title under which the right to min- erals is held,] and thereupon the expropriated right of servi- tude [or right to minerals] shall vest in such owner.”. 5 10 15 20 25 30 35 40 45 50 55 50 55 8 No. 27897 GOVERNMENT GAZETTE, 15 AUGUST 200.5 Act No. 11,2005 MINERALS AND ENERGY LAWS AMENDMENT ACT, 2005 Vo. and year o 4ct Short title Extent of repeal or amendment - 5 Verify source ↗
The amendment of section 63 by tl
AI-assisted research summary: This section amends section 63, section 64(1), and section 67 of the referenced Act.
5. The amendment of section 63 by tl substitution for subsection (2) of the following subsection: “ ( 2 ) The provisions of subsectio (1) shall not apply with reference tc any condition in a mortgage bond ( lease or in a deed referred to in sec tion 3(1)fc)[, (0, @),I 0‘ fp)[or (d1. ”. i. The amendment of section 64( 1) b j he deletion of the expression “(other han a right to minerals)”. ’. The substitution for section 67 of th ollowing section: “Reservation of personal servi- tudes - 67 Verify source ↗
A personal servitude may be
AI-assisted research summary: A deed of transfer of land, or a deed of cession of mineral rights, may reserve a personal servitude if the reservation is for the transferor/cedent, certain spouses, or a surviving spouse in community of property cases.
67. A personal servitude may be reserved by condition in a deed of transfer of land [or in a deed of cession of rights to minerals,] if th reservation is in favour of the transferor [or cedent], or in favour of the transferor [or cedent] and his or her spouse or the survivor of them, if they are manied in commu- nity of property, or in favour of the surviving spouse if transfer [or ces- sion] is passed or given from the joint estate of spouses who were married in community of property.”. 5 10 15 10 5 30 - 8 Verify source ↗
The amendment of section 77-
AI-assisted research summary: This section amends section 77 by deleting specific words from subsections (1) and (2).
8. The amendment of section 77- (a) by the deletion in subsection (1) of the expression “or of any rights to minerals in land”; and 35 (b) by the deletion in subsection ( 2 ) of the expression “or right”. - 9 Verify source ↗
The amendment of section 90 by th
AI-assisted research summary: This provision amends section 90 so the registrar can cancel registration of a lease, servitude, or prospecting contract when unpaid periodic payments are shown by application and affidavit.
9. The amendment of section 90 by th ,ubstitution in subsection (1) for the vords preceding the proviso of the ollowing words: “If it is expressly provided in- (a) a registered lease of land [ot rights to minerals]; or (b) a registered deed creating or evidencing a servitude[; orIr [(c) a registered prospecting contract,] that it shall lapse upon failure to make regularly any pen odical payments mentioned therein, the registrar shall upon written application accompanied by an affidavit by the lessor or grantor of the registered right (as the case may be) that the said pe- riodical payments have not been duly made, cancel the registration of the lease[,] 0‘ servitude [or contract]: ” . $0 15 0 5 1 10 10 No. 27897 No. 27897 GOVERNMENT GAZETTE, 15 AUGUST 2005 GOVERNMENT GAZETTE, 15 AUGUST 2005 Act No. 11,2005 MINERALS AND ENERGY LAWS AMENDMENT ACT. 2005 Act No. 11,2005 MINERALS AND ENERGY LAWS AMENDMENT ACT. 2005 ~~ No. and year of Act Short title Extent of repeal or amendment - 10 Verify source ↗
Amendment of section 102 by-
AI-assisted research summary: This provision amends section 102 and section 17(5) by deleting specified words and definitions.
10. Amendment of section 102 by- (a) the deletion in the definition of “immovable property” of para- graph (4; (b) the deletion of the definition of “prospecting contract”; and ( c ) the deletion in the definition of “share” of the expression “and rights to minerals”. The amendment of section 17(5) by the deletion of the expression “, excluding mineral rights,” .” Act No. 95 of 1986 Sectional Titles Act. 1986 Amendment of Schedule I to Act 28 of 2002 Amendment of Schedule I to Act 28 of 2002 - 2 Verify source ↗
Schedule I to the Mineral and Petroleum Resources Development Act, 2002, is
AI-assisted research summary: This text is an incomplete fragment referring to Schedule I of the Mineral and Petroleum Resources Development Act, 2002.
2. Schedule I to the Mineral and Petroleum Resources Development Act, 2002, is - 2 Verify source ↗
Schedule I to the Mineral and Petroleum Resources Development Act, 2002, is
AI-assisted research summary: This section amends Schedule I of the Mineral and Petroleum Resources Development Act, 2002 by deleting the expression “Act No. 47 of 1937” and related entries.
2. Schedule I to the Mineral and Petroleum Resources Development Act, 2002, is hereby amended by the deletion of the expression “Act No. 47 of 1937” in the first hereby amended by the deletion of the expression “Act No. 47 of 1937” in the first column and the deletion of the related information opposite that expression in the second column and the deletion of the related information opposite that expression in the second and third column. and third column. Short title and commencement Short title and commencement - 3 Verify source ↗
This Act is called the Minerals and Energy Laws Amendment Act, 2005, and is
AI-assisted research summary: This section says the Act is called the Minerals and Energy Laws Amendment Act, 2005, but the text is cut off after that.
3. This Act is called the Minerals and Energy Laws Amendment Act, 2005, and is - 3 Verify source ↗
This Act is called the Minerals and Energy Laws Amendment Act, 2005, and is
AI-assisted research summary: This section gives the Act its name and says it is deemed to have come into operation on 30 April 2004.
3. This Act is called the Minerals and Energy Laws Amendment Act, 2005, and is deemed to have come into operation on 30 April 2004. deemed to have come into operation on 30 April 2004. 5 10 15 20
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