Mining Titles Registration Amendment Act
This text announces the Mining Titles Registration Amendment Act, 2003 and says it changes mining titles registration rules and related laws.
- Jurisdiction
- South Africa
- Instrument
- Act or statute
- Citation
- Act 24 of 2003
- Version
- Undated source snapshot
- Language
- en
- Updated
- Official source
- View official record ↗
application notice asset registration bond cancellation bond registration certification of facts certified copies cession commencement compliance change court hearing notice de-registration deed registration deeds deeds registration definitions document attestation document handling document production document registration document rejection documentary compliance estate administration execution formalities expropriation records +75 more
Statute overview
About this statute
This text announces the Mining Titles Registration Amendment Act, 2003 and says it changes mining titles registration rules and related laws. This section amends the definitions in Section 1 of the Mining Titles Registration Act, 1967. 26 NOVEMBElR 2003 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT ACT. 2003 Substitution of section 2 of Act 16 of 1967 This section creates the Mineral and Petroleum Titles Registration Office and says it handles registration of mineral and petroleum titles and related documents. This provision amends section 3 of the principal Act by deleting text, replacing paragraph (b), and deleting subsection (2).
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Mining Titles Registration Amendment Act
Showing 76 of 76
- 26 Verify source ↗
November 2003 No. 25762
This text announces the Mining Titles Registration Amendment Act, 2003 and says it changes mining titles registration rules and related laws.
26 November 2003 No. 25762 THE PRESIDENCY No. 1731 26 November 2003 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 24 of 2003: Mining Titles Registration Amendment Act, 2003. AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 25762 GOVERNMENT GEETTE. 26 NOVEMBER 2003 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT ACT. 2003 GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate existing enactments. insertions in (English text signed by the President.) (Assented to 21 November 2003.) ACT 1967, so as to substitute, add or delete To amend the Mining Titles Registration Act, certain definitions; to re-regulate the registration of mineral and petroleum titles and other rights connected therewith and certain other deeds and documents; to effect certain amendments necessary to ensure consistency with the Mineral and Petroleum Resources Development Act, 2002; and to repeal obsolete provisions; to amend Deeds Registries Act, 1937, so as to remove certain functions relating to the registration of rights to minerals from the ambit of the Act; and to provide for matters connected therewith. B E IT ENACTED by the follows:- Parliament of the Republil: of South Africa, as Amendment of section 1 of Act 16 of 1967, as amended by section 1 of Act 14 of 1991 and substituted by section 1 of Act 60 of 1980 - 1 Verify source ↗
Section 1 of the Mining Titles Registration Act, 1967 (hereinafter referred to a:3 the
This section amends the definitions in Section 1 of the Mining Titles Registration Act, 1967.
1. Section 1 of the Mining Titles Registration Act, 1967 (hereinafter referred to a:3 the 5 principal Act), is hereby amended- ( a ) by the substitution for the expression “Mining Rights Act, 1967”, where it appears before the definitions, of the expression ‘‘Mineral and Petroleum Resources Development Act, 2002”; (b) by the deletion of the definitions of “bewaqlaats”, “certificate of 10 bezitrecht”, “certificate of reservation of a trading site”, “holder”, “mining title”, “nomination agreement”, “permit to retain and treat residues”, “prospecting contract”, “stand title”, “surface right permit”, “tributing agreement” and “water right”; (c) by the insertion after the definition of “court” of the following definitions: 1.5 numerical ‘‘ ‘Department’ means the Department of Miner,& and Energy; ‘diagram’ means a document containing geometrical, verbal representations of a piece of land, line, feature or area forming the basis for registration of a real right and which has been signed by a person recognised under any law then in force as a land which has been approved, confirmed or certified by the oftice of the Surveyor-General, and includes a diagram or copy prepared in the office of the Surveyor-General which has been so approved, confirmed or certified: ‘Director-General’ means the ‘exploration right’ means a right granted in terms of section 80 of the Mineral and Petroleum Resources Development Act, 2002; ‘government’ includes the national government, and any provincial and local government:”; Director-General csf the Department; 2.5 5 10 15 20 25 ‘Minister’ means the Minister of Minerals and Energy;”; (f) by the substitution for the definition of “ ‘mortgage bond’ or ‘bond’ ” of the following definition: “ ‘mortgage bond’ or ‘bond’ means a mortgage bond attested by the Director-General specially hypothecating m y right granted or which remains in force in terms of the Mineral and Petroleum Resources Development Act, 2002;”; the insertion before the definition of “prescribed” of the following definitions: “ ‘petroleum title’ means any deed or document registered in the Mineral and Petroleum Titles Registration Office evidencing the right granted to explore or produce petroleum and granted in terms Petroleum Resources Development Act, 2002; ‘plan’ means a prescribed sketch plan or locality plan defining the area 30 for a right granted or issued for exploration, retention or a mining permit;”; prospecting, reconnaissance, 1 of the Mineral “prescribed” of the following ( h ) by the insertion definitions: after the definition of Act, 2002; 1 “ ‘production right’ means a right granted in terms of section 84 of the 35 Mineral and Petroleum Resources Development ‘prospecting right’ means a right granted in terms of section 17 of the Mineral and Petroleum Resources Development Act, 2002; ‘reconnaissance permission’ means in terms of section 14 of the-Mineral and Petroleum Resources Development Act, 2002; ‘reconnaissance permit’ means a permit issued in terms of section 75 of the Mineral and Petroleum Resources Develojpment Act, 2002;”; permission granted 40 (i) by the insertion before the definition of “right” of the following definition: ‘‘ ‘retention permit’ means a permit issued in terms of section 32 of the Mineral and Petroleum Resources Deve1opme:nt Act, 2002;”; ( j ) by the substitution for the definition of “right” of the following definition: 45 “ ‘right’ means any right held by or under any deed and registered or capable of being registered in terms of the Mineral and Petroleum Resources Development Act, 2002;”; and 50 ( k ) by the insertion after the definition of ‘surface right permit’ of the following definition: “ ‘technical co-operation permit’ means a permit issued in terms of section 77 of the Mineral and Petroleum Resources Development Act, 2002;’’. 55 6 No. 25162 GAZETTE. GOVERNMENT - 26 Verify source ↗
NOVEMBElR 2003
26 NOVEMBElR 2003 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT ACT. 2003 Substitution of section 2 of Act 16 of 1967
26 NOVEMBElR 2003 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT ACT. 2003 Substitution of section 2 of Act 16 of 1967 - 2 Verify source ↗
The following section is hereby substituted for section ;! of the principal Act:
This section creates the Mineral and Petroleum Titles Registration Office and says it handles registration of mineral and petroleum titles and related documents.
2. The following section is hereby substituted for section ;! of the principal Act: I i i ! “Mineral and Petroleum Titles Registration Office 2. (1) The Mineral and Petroleum Titles Registration Office is hereby established and is the office for the registration of all mineral and petroleum titles and all other related rights, deeds and documents for the registration of which provision is made in this Act or any other law. 5 (2) All mineral titles and petroleum titles. deeds and documents lodged for registration in the Mining Titles Office after the commencement of the Mineral and Petroleum Resources Development Act, 2002, shall be dealt with in terms of this Act. (3) Any reference in this Act or any law to the Mining Titles Office must be regarded as a reference to the Mineral and Petroleum Titles Registration Office. (4) The registration of a right in terms of this Act in the Mineral and Petroleum Titles Registration Office shall constitute a limited real right binding on third parties. (5) Any registration or recording in the Mineral and Petroleum Titles Registration Office must comply with section 11 of the Mineral and Petroleum Resources Development Act, 2002.”. 10 15 20 Amendment of section 3 of Act 16 of 1967, as substituted by section 3 of Act. 14 of 1991 - 3 Verify source ↗
Section 3 of the principal Act is hereby amended-
This provision amends section 3 of the principal Act by deleting text, replacing paragraph (b), and deleting subsection (2).
3. Section 3 of the principal Act is hereby amended- ( a ) by the deletion in subsection (1) of paragraph (a); ( b ) by the substitution in subsection (1) for paragraph ( b ) of the following 25 paragraph: “(b) the Director-General [may appoint or] designate one or more officers [employed at the Mining Titles Office who shall have the power, subject to the provisions of this Act and to the directions of the Director-General, to do any act or thing which may lawfully be done] in the service of the Department to perform the functions delegated or assigned under this Act or any other law [by the Director-General].” ; and 30 (c) by the deletion of subsection (2). Act Substitution of section 4 16 of of 1967 35 - 4 Verify source ↗
The following section is hereby substituted for section 4 of the principal Act:
Section 4 is replaced with a new section beginning “Seal of office”.
4. The following section is hereby substituted for section 4 of the principal Act: “Seal of office - 4 Verify source ↗
The Director-General shall have a seal of oflice which shall be affixed
The Director-General must affix the office seal to specified deeds and documents, and to copies of deeds or documents issued by him or her.
4. The Director-General shall have a seal of oflice which shall be affixed to all deeds or documents executed, attested or registered by him or her, and to all copies of deeds or documents issued by him the original deeds or documents.”. to serve in lieu of 40 Amendment of section 5 of Act 16 of 1967, as substituted by section 2 of Act 60 of 1980 - 5 Verify source ↗
Section 5 of the principal Act is hereby amended-
Section 5 amends the principal Act’s registration powers and record-handling rules.
5. Section 5 of the principal Act is hereby amended- ( a ) by the substitution in subsection (1) for paragraph,< (a), (b), (c), (d) and ( e ) 45 respectively, of the following paragraphs: “(a) take charge of and preserve all records [which prior to the commencement of this Act were or after such commencement may become records] of the [Mining Titles Office1 Mineral and Petroleum Titles Registration Office: Provided that the Director- 50 in his or her valid objection exists: General may, with due regard to any regulations made under section 10(l)(k), destroy or otherwise dispose of a.ny record which has been cancelled in terms of this [section] Act or any Other law; examine all deeds, diagrams. plans or other documents submitted to him & for execution, registration, recording, noting or filing [of 5 record in his office, and after examination reject any such deed, plan or other document in the executicon, registration, record- ing, noting or filing of which is not permitted by this Act or by any other law or to the execution, registration, recording, noting 10 or filing of record of which any Provided that no such deed, plan or do(:ument shall be required to be examined in its entirety before being rejected] office; register all [mining titles and stand titles, bewaarplaatsen, of owner’s reservation, certificates of bezitrecht, certificates certificates of reservation of trading si@, certificates of title in respect of mining claims, certificates of water reservation for owners, diagrams, grants of machinel-y sites, grants of water rights, mynpacht-brieven, permits to retain and treat residues, surfacce right permits,] rlghts prospecting licences, plans and granted in terms of the Mineral and Petroleum Resources Develop- ment Act, 2002, and generally all documents evidencing title which by law[, established custom or usage] are proper for registration in the [Mining Titles] Mineral and Petroleum Titles Registration Office; register [nomination agreements] prospecting, exploration, pro- duction, mining and related rights and any cession, renewal, modification, amendment, abandonment or cancellation or lapsing of [a] @ registered [nomination agreement] rights; register [mining] leases and sub-leases of any right granted under any law relating to exploration, production, prospecting and mining [for precious metals, base minerals transfer, cession, amendment, modification, abandonment, lapsing or cancellation of any such lease or sub-lease;”; or natural oil] and any 15 25 30 20 ( b ) by the deletion in subsection (1) of paragraph (f); (c) by the substitution in subsection (1) for paragraph (1) of the following 35 paragraph: “ ( I ) register any servitude over any right capable of being encumbered by servitude by virtue of the provisions of any law relating to prospecting and mining, and [record] endorse any amendment, modification, abandonment or extinction of any registered servi- tude;”; (d) by the substitution in subsection (1) of paragraphs ( m ) and ( n ) of the following paragraphs, respectively: “(rn)register all notarial contracts relating to any rights granted in terms of the Mineral and Petroleum Resources Development Act, 2002; of such ( n ) register any notarial variation, renewal or cancellation contracts;”; ( e ) by the substitution in subsection (1) for paragmph ( p ) of the following paragraph: “ ( p ) register powers of attorney whereby the agents named therein are authorized to act generally for the principals, or to carry out a series of [acts or] transactions registerable in the [Mining Titles] Mineral and Petroleum Titles Registration Office, and register copies of any such powers registered in a deeds registry, which have been certified by the [Director-General] registrar thereof or have beeR issued for the purpose of being acted upon in the [Mining Titles] Mineral and Petroleum Titles Registration Office by a Registrar or Master of the [Supreme] Court of South Africa [or a mining commissioner in his capacity as a registration officer];”; 40 45 50 55 60 10 No. 25762 GAZETTE. GOVERNMENT - 26 Verify source ↗
NOVEMBER 2003
The section is amended to add record-keeping and notice duties for certain notices, title deed changes, liquidation-related entries, and mining permits and related documents.
26 NOVEMBER 2003 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT AIZT. 2003 (fl by the substitution in subsection (1) for paragraph ( I - ) of the following paragraph: ‘ * ( r ) record all notices. returns, statements or orlders of court lodged with him e in terms cf any law:”; (gj by the substitution in subsection (1) for paragraph (s) of the following 5 paragraph: “(s) give notice to the [mining commissioner] Regional Manager of any [mining district of] registration gr recordings effected in relation to any rights in [that district] the region concerned;”; (hj by the substitution in subsection (1) for paragG?h (tj of the following 10 paragraph: “ ( t ) record the conversion, renewal, modification, abandonment, lapsing or cancellation of any [mining title or stand title or of any other] registered title deed [or by any grant, rights evidenced by any certificate, permit or licence] registered, recorded, noted or filed in the [Mining Titles] Mineral and Petroleum Titles R e g i s t r m Office;”; 15 (i) by the substitution in subsection (1 ) for paragraphs ( u ) and ( v j of the following paragraphs: “ ( u ) remove from his or her records, with the approval of the Master and after the lapsing of ten years from the date of entry in such records, any entry made therein, whether before or after the commencement of this Act, in pursuance of the transmission to him or her of a notice of liquidation or an order of liquidation or sequestration; (vj record and file all mining permits, retention permits. technical co-operation permits, reconnaissance permits and permissions, financial provisions, approved environmental management plans, approved environmental management programmes and closure certificates issued in terms of the Mineral and Petroleum Resources Development Act, 2002;”; and 20 25 30 (jj by the deletion of subsection (2). Amendment of section 6 of Act 16 of 1967, as amended by section 5 of Act 170 of 1993 - 6 Verify source ↗
Section 6 of the principal Act is hereby amended-
This section amends section 6 of the principal Act to change powers about documents in the Mineral and Petroleum Titles Registration Office.
6. Section 6 of the principal Act is hereby amended- ( a ) by the substitution in subsection (1) for paragraph (a) of the following 35 paragraph: “ ( a ) to require the production of any deeds or documents or of proof otherwise] of any [upon affidavit or fact necessary to be established in connection with any matter [or thing] sought to be performed or effected in the [Mining Titles] Mineral and Petroleum Titles Registration Office;”; (bj by the insertion in subsection (1) after paragraph ( a ) of the following paragraph: “(aAj to reject any deed, diagram, plan or other document examine- him or her;”; (c) by the substitution in subsection (1) for paragraphs (bj, (cj, (d) and (e), . - . respectively, of the following paragraphs: “(b) to rectify any error in any deed, diagram,& or other document recorded, noted, registered or filed in the 1:Mining Titles] Mineral -- and Petroleum Titles Registration Office, [any error in the name or the description of any person or right mentioned therein or in the conditions affecting any such right, if every person appear- ing from the deed or other document to be interested in the rectification has in writing consented thereto or the court has ordered such rectification]: Provided that no such rectification shall be effected which would have the effect of [transferring] alienatin,o any right; [under such conditions as may be prescribed,] to issue certified copies of deeds, diagrams, plans or other documents registered, recorded c~r filed in the [Mining Titles] Mineral and P e t r o w T:+I-- nn-:-6--L:n.- na-- .... J . .__ - . I I L I L ~ I\I;.+”LIULIUII prescribe; ullclei h u ~ 1 1 coiiclidoils as he or she= WLJIG 40 45 50 55 60 Act No. 24,2003 MIhWG TITLES REGISTRATION AMENDMENT ACT. 2003 Amendment of section 7 of Act 16 of 1967 - 7 Verify source ↗
Section 7 of the principal Act is hereby amended-
The Director-General may not cancel a registered deed conveying title to a right except as provided by law, and must make the necessary endorsements and register entries when such a deed or document is cancelled.
7. Section 7 of the principal Act is hereby amended- ( a ) by the substitution for subsections (1 j and (2), respectively, of the following subsections: “(1) A registered deed conveying title to any right may not be 20 cancelled by the Director-General except as provided for by law. (2) The Director-General shall, upon the cancellation of a registered deed or document conveying title to any subsection (l), make all the necessary endorsements on the deed and related documents under which such right wa.s held immediately prior to the cancellation, and make other entries in the appropriate regkters.”; and right as provided for in 25 ( b ) by the deletion of subsection (3). Amendment of section 8 of Act 16 of 1967 - 8 Verify source ↗
Section 8 of the principal Act is hereby amended by the substitution for subsections
The Director-General may let the public inspect, copy, extract from, or obtain information from certain public records, subject to prescribed conditions and fees, but sheriffs do not pay a fee for searches or inspections done for their functions.
8. Section 8 of the principal Act is hereby amended by the substitution for subsections 30 (1) and (2), respectively, of the following subsections: “( 1) Subject to section 6( l)(e) the Director-General may on such conditions as may be prescribed and upon payment of the prescribed fees, and subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), permit any member of the public tc- (a) inspect the public records in the Mineral and Petroleum Titles Registration Office; (b) make copies of or extracts from those records; or (c) obtain any other information concerning deeds or lother documents registered or filed in that office. (2) No fee shall be payable under subsection (1) in respect of any search or inspection made by the sheriff in connection with the performance of his or her functions.”. Repeal of section 9 of Act 16 of 1967 - 9 Verify source ↗
Section 9 of the principal Act is hereby repealed.
Section 9 of the principal Act is repealed.
9. Section 9 of the principal Act is hereby repealed. 35 40 45 Amendment of section 10 of Act 16 of 1967, as amended by section 6(a) and (b) of Act 170 of 1993 - 10 Verify source ↗
Section 10 of the principal Act is hereby amended-
The Minister may make, change, or отменate regulations under this section, but they must not conflict with the Act.
10. Section 10 of the principal Act is hereby amended- (a) by the substitution for subsection (1) of the following subsection: “(1) The [board established under section 91 Minister may from 50 time to time make, alter or rescind regulations,, not inconsistent mith this Act, prescribing- 2003 NOVEMBER 26 25762 GAZETTE, No. GOVERNMENT 14 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT ACT, 2003 (a) the fees of office [(if any)] to be charged in respect of any act[, matter or thing required or permitted to be done in or in relation to the Mining Titles Office,] Elvided for in this .4ct, including any report made to the court by the Director-Generazn connection with any application or action to which he or she is not 5 15 25 10 20 in the plan or any [mining any deed&agram, Director-General to shall be prepared, delivered, lodged, the time, manner and form in which [and the qualifications of the person by whom] other to be lodged, registered or document required or permitted filed in the [Mining Titles] Mineral and Petroleum Titles Registration Office executed, registered[,] 0’ filed [or delivered and the time within which any deed shall be executed]; [the particular] documents which, when produced [Mining Titles] Mineral and Petroleum Ti& Registration Office, shall be attested or witnessed, and the manner in which any such document shall be so attested or witnessed; the conditions upon which any [conveyancer, notary public, land surveyor, mine surveyor or other] person may conduct any search in the [Mining Titles] Mineral &d Petroleum Tit@ Registration Office, and the precautions which shall be taken to ensure preservation of the records from damage by improper handling or otherwise; the transmission by the commissioner] Regional Manager, registrar of deeds& veyor-General or other officer, of returns, of [deeds of transfer, deeds of grant, certificates of title, mortgage bonds and other] rights registered or recorded in the [Director-Gener- al’s office] Mineral and Petroleum Titles Registration Office, and the manner [and], form [ofl and ]times for transmitting such returns; the conditions under which copies of deeds, diagrams, plans and other documents registered, recorded or [Mining Titles] Mineral and Petroleum Titles Registration Office may be issued for judicial [purposes] or [for purposes of] information purposes [or in substitution for deeds or other documents which have been lost, destroyed, defaced or damaged, and the conditions under which extracts from registers or from any documents registered or filed in the said office may be furnished]; the manner and form in which consent shall be signified to any cancellation, cession, part payment, reduction of cover, release or amendment of or other registerable transaction affecting any bond or other document Mineral and Petroleum Titles Registration Office; the conditions under which a copy of a power of attorney diagrams, plans and other documents may be accepted by the Director-General in lieu of the original; the forms of deeds which shall be used in circumstances not 1967, provided for in this Act or in the Mining Rights Act, or any other law; the records which may be destroyed in terms of [the proviso to] section 5 (I) (a) or replaced in terms of section 6( l)(d); and any matter which under this Act or any other law is required or permitted to be prescribed.”; registered in the [Mining Titles] filed in the 40 30 55 45 50 35 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT ACT. 2003 (b) by the insertion after subsection (1) of the following subsection: “( 1A) No regulation relating to State revenue or expenditure ma)& made by the Minister except with the concurrence of the MinisterAf Finance.” ; and deletion (c) by the of subsection (3). 5 Substitution of section 11 of Act 16 of 1967 - 11 Verify source ↗
The following section is hereby substituted for section 11 of the principal Act:
This section replaces section 11 of the principal Act with a new section beginning “Registers”.
11. The following section is hereby substituted for section 11 of the principal Act: “Registers - 11 Verify source ↗
The Director-General shall prepare, open and keep such registers as
The Director-General must prepare, open, and keep the registers needed to carry out the Act.
11. The Director-General shall prepare, open and keep such registers as may be necessary to enable him or her to carry out the Act.” provisions of 10 Substitution of section 12 of Act 16 of 1967 - 12 Verify source ↗
The following section is hereby substituted for section 12 of the principal Act:
This section says section 12 of the principal Act is substituted with a new section headed “Continuation of existing registers during the transitional period.”
12. The following section is hereby substituted for section 12 of the principal Act: “Continuation of existing registers during the transitional period - 12 Verify source ↗
The Director-General shall continue during
The Director-General must keep the relevant register in use and continue making necessary entries during the transitional period.
12. The Director-General shall continue during in Schedule I1 to the Mineral and referred to Development Act, 2002, to keep the corresponding register in use in the Mineral and Petroleum Titles Registration Office immediately prior to& commencement of this Act and to continue to mak:e the necessary ent& therein.”. the transitional period Petroleum Resources 15 20 Insertion of section 12A in Act 16 of 1967 - 13 Verify source ↗
The following section is hereby inserted in the principal Act after section 12.:
The right holder must lodge the right for registration in the prescribed manner, pay the prescribed fees, and include the required plan or diagram.
13. The following section is hereby inserted in the principal Act after section 12.: “Lodgement 12A. (1) The holder of the right granted in terms of the Mineral and Petroleum Resources Development Act, 2002, shall lodge his or her right for registration in the prescribed manner and on payment of the prescribed fees. (2) The holder shall lodge together with deeds or other documents for registration, a plan or a diagram depicting the area of the right. 25 (3) Any registration of a variation, amendment, modification, deduction, abandonment or cancellation shall be accompanied by a plan or a diagram depicting the area affected. 30 (4) All diagrams lodged in the Mineral and Petroleum Titles Registration of the certified by the office Office shall be approved, confirmed or Surveyor-General.’’ 35 Substitution of section 13 of Act 16 of 1967 - 14 Verify source ↗
The following section is hereby substituted for section 1.3 of the principal Act:
Certain deeds or documents count as registered once the required signature or endorsement is signed.
14. The following section is hereby substituted for section 1.3 of the principal Act: “When registration takes place 13. (1) Deeds executed or attested by the Director-General shal- deemed to be registered upon the affixing of his Nor her signature on the relevant document. 40 (2) Deeds or documents lodged for registration shall be deemed to be registered when the Mineral endorsement in respect of the registration thereof is signed. and Petroleum Titles Registration Office 18 No. 25762 GAZETTE. GOVERNMENT - 26 Verify source ↗
NOVEMBER 2003
A batch of interdependent deeds or documents is not treated as registered until the Director-General signs them, but if a signature was omitted by mistake, the Director-General may add it later.
26 NOVEMBER 2003 Act No. 24.2003 MINING TITLES REGISTRATION AMENDMENT ACT. 2003 (3) Subject to this Act, no deed or document which is one of a batch of interdependent deeds or documents intended for registration together shall be deemed to be registered until all the deeds or (documents in the batch or the registration endorsement in respect thereof, as the case may be, have been signed by the Director-General. (4) If, by inadvertence, the signature of the Director-Generai has not been affixed to a deed executed or attested by him or her, or to the registration endorsement in respect of the registration of a deed, diagram, plan or other document lodged at the time at which the signature should have been affixed in the ordinary course, the Director-General may affix his or her signature on the deed or document when the omis:sion is discovered, and the deed or document shall be deemed to have been r1:gistered at the time when the signature should have been affixed. ( 5 ) Subject to subsection (4), all endorsements or entries made on deeds, documents or registers in connection with the registration of any deed or document shall be deemed to have been effected simultaneously with the affixing of the signature of the Director-General thereto, although in fact they may have been made subsequently.”. 5 10 15 Substitution of section 14 of Act 16 of 1967 - 15 Verify source ↗
The following section is hereby substituted for section 14 of the principal Act:
Transfers or cessions of rights must follow the order of the transactions that created them, unless another law or a court order says otherwise.
15. The following section is hereby substituted for section 14 of the principal Act: 20 “Deeds to follow sequence of their relative causes 14. (1) (a) Transfers or cessions of rights shall follow the sequence of the successive transactions in the vesting of such rights, unless this Act or any other law or an order of court provides otherwise. (b) If any person has obtained the right to claim transfer or cession of a right from any other person and such first-mentioned right has been vested in any third person in terms of any judgment or order of court or in terms of a sale in execution held pursuant to any such judgment or order, transfer or cession may be passed directly to such third per;jon by the person against whom such first-mentioned right was exercisable. (2) Transfer duty which would have been payable had the rights con- cerned been transferred or ceded to each person successively becoming entitled thereto must be paid in a transfer or cession in terms of subsection - ( 1 1 . 7 3 . 25 30 Substitution of section 15 of Act 16 of 1967, as amended by section 7 of Act 170 of 35 1993 - 16 Verify source ↗
The following section is hereby substituted for section 15 of the principal Act:
This section replaces section 15 and sets conditions for registering certain deeds and contracts.
16. The following section is hereby substituted for section 15 of the principal Act: “Preparation of deeds 15.(1) Subject to this Act and any other law, no deed of transfer or mortgage bond shall be registered unless it has by a conveyancer. (2) Subject to subsection ( l ) , no contract o1:her than a cession of a mortgage bond shall be registered unless it has been attested by a notary public. (3) Deeds of cession of rights, other than cessions of mortgage bonds, 45 must be prepared and attested by a notary public before the Director- General registers them.”. 20 No. 25762 GAZETTE. GOVERNMENT - 26 Verify source ↗
NOVEMBER 2003
This section is an amendment heading for the Mining Titles Registration Amendment Act, 2003, substituting section 15A of Act 16 of 1967.
26 NOVEMBER 2003 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT ,4CT, 2003 Substitution of section 15A of Act 16 of 1967, as inserted by section 5 of Act 14 of 1991 - 17 Verify source ↗
The following section is hereby substituted for section 15A of the principal Act:
Conveyancers who sign the prescribed certificate take responsibility for the accuracy of relevant facts in documents filed in the Mineral and Petroleum Titles Registration Office, and the Director-General must treat those facts as conclusively proved during examination, subject to court orders and recorded notifications.
17. The following section is hereby substituted for section 15A of the principal Act: “Proof of facts in connection with transactions in Mineral and Petroleum Titles Registration Office 15A. (1) A conveyancer who prepares a deed or other document for the purposes of registration, recording or filing in thlz [Mining Titles] Mineral and Petroleum Titles Registration Office, and who signs a prescribed certificate on such deed or document, accepts by virtue of such signing the responsibility[, to the extent prescribed by regu.lation1 for the purposes of this [section,] A s for the accuracy of [those] $g facts mentioned in such deed or document or which are relevant in connection with the registration or filing thereof[, and which are prescribed by regulation]. (2) The provisions of subsection (1) shall apply mutatis mutandis to any person other than a conveyancer, who is prescrib’ed by regulation, and who has in accordance with the regulations prepared a deed or other document prescribed by regulation for registration, recording or filing in the [Mining Titles] Mineral and Petroleum Titles Registratic? Office. (3) The Director-General shall accept, during the course of his or her examination of a deed or other document in accordance with the provisions of this Act, that the facts referred to in subsection (1) in connection with the registration, recording or filing of a deed or other document in respect of which a certificate referred to in subsection (1) or (2) has been signed, have for the purposes of such examination been conclusively [proved: Provided that the aforegoing provisions of this subsection shall not derogate from the obligation of the Director-General to give effect to any order Office in of court or any other notification recorded in the Mining Titles terms of this Act or any other filing of such deed or other document] proven. (4) Subsection (3) shall not derogate from of the Director-General to give effect to any order of court or any other notification recorded in the Mineral and Petroleum Titles Registration Office in terms affects the registration, recording or filing of such deed or lother document.”. other law, and which of this Act or any the obligation law, and which affects the registration or 30 5 10 15 20 25 Substitution of section 16 of Act 16 of 1967, as substitutedl by section 6 of Act 14 of 1991 and section 18 of Act 132 of 1993 35 - 18 Verify source ↗
The following section is hereby substituted for section 16 of the principal Act:
Deeds that must be registered must state the holder’s full name and identity or registration number, and the Director-General may register the right only in the holder’s name.
18. The following section is hereby substituted for section 16 of the principal Act: “Registration of rights in name of holder 16. (1) Every deed executed or or attested by a notary public and required to be registered in the Mineral and on behalf of or in Petroleum Titles Registration Office, and made by or favour of any person, shall state the full name and identity number or registration number of the holder. attested by the Director-General, (2) The Director-General shall register the right in the name of the holder of such right only. (3) Sections 9 and 11 of the Mineral and Petroleum Resources Development Act, 2002, applies to the transfer of the right referred to in subsection (2) to a joint estate or to an heir by virtue of testate or intestate succession.”. 40 45 22 No. 25162 GAZETTE. GOVERNMENT 26 NOVEMBER 2003 - Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT ACT. 2003 Insertion of section 16A in Act 16 of 1967 - 19 Verify source ↗
The following section is hereby inserted in the principal Act after section 16:
This inserted section is titled “Execution of deeds by prospective holders of rights.”
19. The following section is hereby inserted in the principal Act after section 16: “Execution of deeds by prospective holders of rights - 16A Verify source ↗
If any deed or document required to be executed by the holder of
A deed or document signed by a person entitled to receive a transfer or cession of a right is treated, for this Act, as if it had been executed by the holder of the right once the transfer or cession is received.
16A. If any deed or document required to be executed by the holder of any right has been executed by a person who has become entitled to receive transfer or cession of such right, such deed or document shall, upon such person receiving transfer or cession of the right, for the purposes of this A g be deemed to have been executed by the holder of suchright.”. 5 Substitution of section 17 of Act 16 of 1967 - 20 Verify source ↗
The following section is hereby substituted for section 17 o f the principal Act:
This section substitutes a new section 17 in the principal Act about the preparation and execution of deeds of transfer, cessions, and mortgage bonds.
20. The following section is hereby substituted for section 17 o f the principal Act: 10 “Preparation and execution of deeds of transfer, cessions and mort- gage bonds - 17 Verify source ↗
Deeds of transfer, mortgage bonds and cessio’n of mortgage bo&
Deeds of transfer, mortgage bonds, and related cessio documents must be prepared in the form required by law, executed in the presence of the Director-General by an authorized conveyancer, and attested by the Director-General.
17. Deeds of transfer, mortgage bonds and cessio’n of mortgage bo& shall be prepared in the form prescribed by law and shall be executed in the presence of the Director-General by a conveyancer authorized by power of attorney to act on behalf of the holder of the right described therein, and shall be attested by the Director-General.”. 15 Repeal of section 18 of Act 16 of 1967 - 21 Verify source ↗
Section 18 of the principal Act is hereby repealed.
This section repeals section 18 of the principal Act.
21. Section 18 of the principal Act is hereby repealed. Substitution of section 19 of Act 16 of 1967 - 22 Verify source ↗
The following section is hereby substituted for section 19 (of the principal Act:
This section restricts when multiple rights or portions of rights may be transferred or ceded by one deed, but allows it in specified formats and with Director-General approval in some cases.
22. The following section is hereby substituted for section 19 (of the principal Act: “Transfer or cession of two or more rights by one deed 19. (1) Two or more persons each holding transfer or cede those unless such transfer or cession is authorized by &directive of the provisions of a law or by an order of court. diffixent rights may not rights to one or more persons by the same deed, the Minister, [person] or [to two or] ( 2 ) Two or more rights may by one deed be transferred or ceded by one [person or by two] or more persons holding such rights in undivided shares rights in to one undivided shares, provided each right is described in a separate paragraph or the rights are grouped the satisfaction of the in paragraphs to Director-General. more persons acquiring such 20 25 30 ( 3 ) [Where provision is made in any law for portions of a right to be transferred or ceded, two] 5 or more portions of [such] 2 right may by one deed be transfenred or ceded by one [person or by two] or more persons holding the whole of such right in undivided shares to one [person or to two] or more persons acquiring such portions in undivided shares, if each portion is described in a separate paragraph in which reference is made to the diagram or plan of such portion which shall [whenever possible] be annexed to the deed: Provided that the Director-General may permit any number of portions of the same kind of right to be grouped in one or more paragraphs to his or her satisfaction. 35 40 [(4) Notwithstanding the provisions of subsection (l), two or more persons who have lawfully pegged claims for and o:n behalf of any other person or of a partnership or a company mag transfer the claims to that person, partnership or company by the same deed, provided the 15 24 No. 25162 GAZETTE, GOVERNMENT - 26 Verify source ↗
NOVEMBER 2003
This section is an amendment heading for section 20 of the Mining Titles Registration Amendment Act, 2003.
26 NOVEMBER 2003 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT ACT, 2003 relevant claim licences held by each of such persons are described in separate paragraphs to the satisfaction of the Director-General.]”. Amendment of section 20 of Act 16 of 1967 - 23 Verify source ↗
Section 20 of the principal Act
Section 23 replaces subsection (1) of section 20 so that an undivided share in a right cannot be registered if it is intended or calculated to represent a defined portion of that right. It also repeals sections 21 to 30 listed from Act 116 of 1967.
23. Section 20 of the principal Act is hereby amended by the substitution for subsection (1) of the subsection: following 5 “( 1) No transfer or cession of an undivided share in a right which is [intended or] calculated to represent [or purports to represent] a defined portion of such right shall be capable of being registered.”. Repeal of sections 21,22,23,25,26, 27,28,29 and 30 of Act 116 of 1967 - 24 Verify source ↗
Sections 21, 22, 23. 25, 26, 27, 28, 29 and 30 of the principal Act are hereby
This section repeals sections 21, 22, 23, and 25 to 30 of the principal Act.
24. Sections 21, 22, 23. 25, 26, 27, 28, 29 and 30 of the principal Act are hereby 10 repealed. Amendment of section 24 of Act 16 of 1967 - 25 Verify source ↗
The following section is hereby substituted for section 24 of the principal Act--
People holding one or more undivided shares in a right under one title deed may apply for a certificate of registered title, and certain registrations cannot proceed without that certificate.
25. The following section is hereby substituted for section 24 of the principal Act-- “Certificate of registered title of one or more rights held under one title deed and of undivided shares 15 24. (1) Any person who holds [two] one or more [rights or] undivided shares [therein] in a right under one the provisions of [section 261 this Act, [obtain] app1.y for a certificate of [ofl such [rights or of the] registered title in respect of one or more title deed may, subject to undivided [share] shares held by him e therein[, if, except in the case 20 is a licence where the only title held by virtue of such title deed renewable from time to time by the payment of an amount prescribed by the Mining Rights Act, 1967, or the regulations made thereunder, at least one of the rights or the share therein so held1 remains so held]. (2) Subject to subsection (I), an application foraertificate of registered title shall be made in the prescribed manner and accompanied by the title deed, if available, under Ghich such right is held. 25 (3) A transfer, cession or mortgage of a share of an undivided right shall not be registered in the Mineral and Petroleum Titles Registration OtiGce unless a certificate of registered title is produced to the Director-General. I (4) A certificate of registered title shall not be required where the whole the holders is transferred, ceded or mortgaged by right is still held and jointly. ( 5 ) If the title deed under which a share is held by more than one holder is lost or destroyed, any such holder may in accordance with any prescribed requirements, obtain a certificate of registered title of his or her share without applying for the title deed which has been lost or destroyed. (6) In issuing a certificate of registered title the Director-General shall endorse upon the title deed, register or mortgage bond, as the case may be, that a certificate of registered title has been issued in respect of the share in question: Provided that in the case of a bond it shall be endorsed on the I certificate that it is mortgaged. (7) If the said share of the right is mortgaged, that mortgage bond shall be produced to the Director-General at the expense of the applicant. (8) A certificate when issued shall take the place of the title deed under which the right was previously held, and the issuing of the certificate shall 1 not affect riahts and obligations in respect of the right in question.”. 30 35 40 45 26 No. 25762 GAZETTE. GOVERNMENT - 26 Verify source ↗
NOVEMBER 2003
Section 26 is a heading for a November 2003 amendment to section 31 of Act 16 of 1967.
26 NOVEMBER 2003 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT ACT, 2003 Amendment of section 31 of Act 16 of 1967 - 26 Verify source ↗
Section 31 of the principal Act is hereby amended-
The amended rule says a bond may be registered to secure an existing debt, a future debt, or both, and may hypothecate different kinds of rights with the Minister’s written consent.
26. Section 31 of the principal Act is hereby amended- (ai by the substitution for subsection (2) of the following subsection: “(2) A bond may be registered to secure an.existing [debt] or a future debt or both [existing and future debts] and may hypothecate rights of different kinds with the written consent of the Minister.”; and 5 (bj by the deletion of subsection (3). Substitution of section 34 of Act 16 of 1967 - 27 Verify source ↗
The following section is hereby substituted for section 34 of the principal Act-
The Director-General must not attest or register a mortgage bond that contains a general clause binding all of a debtor’s immovable or movable property or registered rights, unless another part of this Act or another law provides otherwise.
27. The following section is hereby substituted for section 34 of the principal Act- “Exclusion of general clause in mortgage bands 34. [Save as is provided in this Act or in any other law, the] The Director-General shall not attest and register any mortgage bond which contains [the] 2 clause [, commonly known as clause,] purporting to bind generally all the immovable or movable property or registered rights of the debtor or both such immovable or movable property and such rights.”. the general 10 15 Amendment of section 35 of Act 16 of 1967 - 28 Verify source ↗
Section 35 of the principal Act is hereby amended-
This amendment limits when multiple mortgagors may pass a mortgage bond and allows certain rights to be mortgaged with consent or jointly with another person.
28. Section 35 of the principal Act is hereby amended- ( a ) by the substitution for subsection (1) of the following subsection: “(1) No mortgage bond shall be passed by two or more mortgagors unless it purports to bind registered rights of each mortgagor: Provided that [, notwithstanding the provisions of section 31(1),] rights held subject to a condition that on the happening of a certain event such rights shall revert to a person named in such condition, may be mortgaged by the holder thereof and such person by means of a bond passed by them jointly and severally, or may be mortgaged by the holder of such rights with the written consent of such person, in which case the mortgage bond shall contain a reference to such consent.”; and 25 20 (b) by the addition of the following subsections: “(4) The holder of a right subject to a personal servitude and the 30 holder of that servitude may together mortgage the right to the full extent of their respective interests therein. (5) The holder of the right and the holder of the servitude may, either or the of them as principal debtor, in the same bond-t servitude, and either servitude or right as surety.”. of them may in the s- 35 Amendment of section 37 of Act 16 of 1967 - 29 Verify source ↗
Section 37 of the principal Act is hereby amended-
The Director-General may not attest, execute, or register a transfer, cancellation, or cession of a mortgaged right unless the bond has been cancelled or the right has been released, with the bond holder’s written consent, subject to stated exceptions.
29. Section 37 of the principal Act is hereby amended- ( a ) by the substitution for subsection (1) of the following subsection: “( 1) No transfer, cancellation or cession of any mortgaged right shall be attested, executed or registered by the Director-General until the bond has been cancelled or the right has been released from the operation of the bond with the written consent [in writing] of the holder [thereof, or unless, in the case of any such mortgage bond which has been lost or destroyed, the Director-General has on application by the registered‘ holder thereof, cancelled the entry in his register in respect of such bond: Provided that] of the bond but no [such] cancellation or release shall be necessary if the transfer or cession is lnade in terms of this Act, any other law or by an order of court.”. 40 45 28 No. 25762 GOVERNMENT GAZETTE:. 26 NOVEMBER 2003 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT ACT. 2003 Amendment of section 38 of Act 16 of 1967, as substituted by section 20 of Act 132 of 1993 - 30 Verify source ↗
Section 38 of the principal Act is hereby amended-
The Director-General may register a transfer or cession of hypothecated rights under a registered mortgage bond if the required written consents are produced.
30. Section 38 of the principal Act is hereby amended- the substitution for subsection ( I ) of the following subsection: [thereunder] nghts, the Director-General “( 1) If the holder [(in this section referred to as the transferor)] of rights which are hypothecated under a registered mortgage bond, other than a mortgage bond to secure the obligations of a surety [(not being a person referred to in section 37(l)(b))], transfers or cedes to another person [(in this section referred to as the transferee)] all [the rights] may, such hypothecated notwithstanding the provisions of section 37( I), register the transfer or substitute the transferee for the tra.nsferor as debtor in cession and &alJ respect of the bond, provided [there is produced tom him, in duplicate] the written consent [in the prescribed form] of the holder of the bond and of the transferee the transferor as the debtor] in respect of the bond for the amount of the debt disclosed therein [or for such lesser amount EIS may be specified in such consent] is produced to the Director-Genecal in duplicate.”; the substitution in subsection to the substitution [of the transferee for ( b ) of the following (2) for paragraph paragraph: “(b) annex one duplicate of the written consent referred to in subsection (1) to the bond and file the other in his or her office and make [a suitable] reference on the registry duplicate of the bond to such filing;” ; (c) by the substitution in subsection (2) for paragraph ( d ) of the following 5 10 15 20 25 paragraph: “ ( d ) endorse on the deed of transfer or cession the mortgage with the date and number of the bond and the amount due in terms thereof;” :, and (dj by the substitution for subsection (3) of the following sulbsection: 30 “(3) As from the date of registration of the transfer or cession, the transferor shall be absolved from any obligation secured by the bond and the transferee shall be substituted for him - or her as the debtor in respecf of such bond and shall be bound by the terms [thereolf] of the bond in the same manner as if he or she had renounced therein the benefit of all relevant exceptions.”. [himself] passed the bond and had 35 Amendment of section 39 of Act 16 of 1967 - 31 Verify source ↗
Section 39 of the principal Act is hereby amended-
This section requires the Master and the Director-General to update bond records when payments or insolvency-related changes occur, and it restricts how affected rights and bonds may be dealt with.
31. Section 39 of the principal Act is hereby amended- ( a ) by the substitution for subsection (I) of the following subsection: “( 1) (a) If it appears from the liquidation account of any estate which vouchers relating thereto that a has beensequestrated or from the payment has been made to any creditor on account of a bond registered in the [Mining Titles] Mineral and Petroleum Titles Registration Office, the Master shall notify [the payment to] the Director-General [who shall thereupon write off the amount thereof] of such payment. (b) The Director-General shall, upon receipt ofsoch notice, write off the amount in the appropriate register, on the registry duplicate of the bond and [also], if available, on the original bond. ( c ) [, and the] The holder of the bond shall deliver the bond to the in order that the Master, who shallfornard it to the Director-General amount paid may be written off thereon.”; (0) by the substitution for subsection (2) of the following subsection: “ ( 2 ) ( a ) Except in cases where an insolvent has been rehabilitated in creditors, his transmit to the Director-General a pursuance of a composition made by him with the Master shall from time to time return specifying- (i) the name and address of every person who has been rehabilitated after the sequestration of his e estate; and 40 45 50 ’ 55 30 No. 25762 ~~~ G.4ZETTE. GOVERNMENT 26 NOVEMBER 2003 Act No. 24,2003 M N X G TITLES REGISTRATION AMENDMENT ACT, 2003 (ii) the rights and registered bonds appearing in the schedules lodged with the Master by or on behalf of such person or in the liquidation of account estate, his and upon receipt of that return? the Director-General shall [in accor- dance therewith,] cancel in the appropriate registers all bonds registered 5 therein against the rights of the said person prior to the sequestration of his or her estate and endorse the registry duplicates, and, if available, [also] the bonds [themselves] as cancelled. (b) The holders of such bonds shall, when requested to do so by the Master, deliver the bonds to him or her, and the Master shall forward them to the Director-General for cancellation.”; and 10 ( c ) by the substitution for subsections (4) and ( 3 , respectively, of the following subsections: “(4) Rights which have vested in a trustee in accordance with the provisions of the law relating to insolvency and which have not in terms 15 of that law been revested in the insolvent may, whether before or after rehabilitation of the insolvent, be transferred or ceded only by the trustee, and shall not after such rehabilitation be transflerred, ceded, mortgaged or otherwise dealt with by the insolvent until they have been transferred or ceded to him or her by the trustee: Provided that, notwithstanding the 20 provisions of this Act, if after the rehabilitation the trustee has been discharged, or if there is no trustee in existence, the Master shall, if satisfied that the rehabilitated insolvent is entitled to the rights, give him - or her transfer or cession thereof in such manner as may be prescribed. (5) If by virtue of the provisions of the law relating to insolvency an 25 insolvent has been revested with any rights.. such rights shall not be transferred, ceded, mortgaged or otherwise dealt with by the insolvent until an endorsement that the rights have been restored to him orher has been made by the Director-General on the rights[: Provided that no such endorsement shall be made by the 30 Director-General if the rights are registered in the name of a partnership until the rights have been dealt with in terms of section 221.”. title deed evidencing the Amendment of section 40 of Act 16 of 1967 - 32 Verify source ↗
The following section is hereby substituted for section 40 of the principal Act:
This section substitutes section 40 of the principal Act with a new section titled “Endorsement on bond after sale in execution.”
32. The following section is hereby substituted for section 40 of the principal Act: 35 “Endorsement on bond after sale in execution - 40 Verify source ↗
Whenever any mortgaged rights have been sold in execution of a
When mortgaged rights are sold under the stated conditions, the sheriff or similar officer must tell the Director-General how much of the bond debt has been paid and send the bond, and the Director-General must record the amount paid.
40. Whenever any mortgaged rights have been sold in execution of a judgment of a competent court, or under express authority contained in a in respect of a registered bond or special law, to satisfy any debt due otherwise, and the proceeds of the sale have been paid to the legal holder of 40 the bond, the sheriff [or deputy sheriff or messenger] concerned or the person acting under the authority of such special law shall notify [to] the Director-General of how much of the capital sum due in terms of the bond has been paid, and shall transmit the bond to the Director-General, who shall [thereupon] write off the amount [so] paid in the appropriate registers 45 and [on the bond and the registry duplicate thereof] deeds.”. Amendment of section 41 of Act 16 of 1967 - 33 Verify source ↗
Section 41 of the principal Act is hereby amended-
This section amends how servitudes or contracts are created, changed, and registered, and gives the Director-General a limited power to note when one has lapsed.
33. Section 41 of the principal Act is hereby amended- (a) by the substitution for subsection (1) of the following subsection: “(1) [Save as otherwise provided in this Act or in any other law, 50 any] A_ servitude or contract [referred to in section 5 (1) (I) or (n)] shall be created by means of a deed executed before and attested by a notary public, and any amendment, modification, cession or cancellation of such a servitude or contract shall likewise be effected by notarial deed[: Provided that if any such servitude or contract has lapsed by 55 32 No. 25162 GOVERNMENT GAZE7TE. 26 NOVEMBER 2003 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT ACT, 2003 effluxion of time or for any other reason, the Director-General may, on written application by or on behalf of the holder of the right encumbered thereby, accompanied by proof of such lapsing, the title deed evidencing the right and, if available, the deed of servitude or contract, note on such title deed and on such deed of servitude or contract, if such deed or contract has servitude or contract has lapsed].”; b’een produced, that such 5 (b) by the substitution for subsection (2) of the following subsection: “(2) Each notarial deed shall contain a [sufficient] description of the rights encumbered by the servitude or contract together with a reference to the diagram or plan, [if any,] defining the servitude [or]? the rights or any part thereof to which the notarial deed relates[, unless such servitude or such rights or portion thereof are Director-General sufficiently described ]in such deed,] mention the title deed evidencing the encumbered rights.”; in the opinion of the and shall 10 15 (c) by the substitution in subsection (3) for paragraph (a) of the following paragraph: “(3) [(a)] For the purposes of the registration of the notarial deed there shall be produced a signed original of the deed to be filed in the [Mining Titles] Mineral and Petroleum Titles R e g i s t n w Office [as the registry duplicate], together with such further originals [or grosses] or copies certified by a notary public as may be prescribed [and the title deed evidencing the rights affected], accompanied by a diagram or plan depicting the area of the right.”; (d) by the deletion in subsection (3) of paragraph (b); and ( e ) by the deletion of subsection (5). 20 25 Amendment of section 42 of Act 16 of 1967 - 34 Verify source ↗
Section 42 of the principal Act is hereby amended by the substitution for
A personal servitude may be reserved in a deed of transfer or cession if it is for the transferor or cedent, despite section 41.
34. Section 42 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: “(2) Notwithstanding the provisions of section 41, a personal servitude may be reserved by condition in a deed of transfer or cession of a right, if the reservation is in favour of the transferor or cedent [or in favour of the transferor or cedent and his spouse or the survivor of them if they are married in community of property, or in favour of the surviving spouse if transfer or cession is passed from the joint estate of property].”. of spouses who were married in community 30 35 Amendment of section 43 of Act 16 of 1967 - 35 Verify source ↗
The following section is hereby substituted for section 43 of the principal Act:
The Director-General must record a lapse on the relevant title deeds when the required written application and supporting documents are filed. A personal servitude registration may be cancelled under this Act if the parties agree, and mortgaged servitude deeds cannot be registered without the required written consent.
35. The following section is hereby substituted for section 43 of the principal Act: “Registration of lapse of personal servitude 43. (1) If for any reason [a personal] servitude or contract has lapsed, the Director-General shall note such lapsing on the title deed of the right and of the servitude and contract, on written application by the holder of the right encumbered thereby, accompanied by proof of [the lapse of the servitude] such lapsing, the title deed evidlencing the right; [and, if available, the title deed, if any, evidencing the servitude, note on the title deed of the right and of the servitude, if the title deed evidencing the servitude has been produced, that the servitude has lapsed] the deeds of servitude and contract accompanied by the appropriate diagram or plan. - 40 45 34 2003 No. 25762 NOVEMBER 26 GAZETTE, GOVERNMENT Art No. 24,2003 MINING TITLES REGISTRATlON AMENDMENT ACT. 2003 (2) Cancellation of the registration of a personal servitude in pursuance of an agreement between the holder of the right encumbered and the holder of the servitude shall be effected by provisions of this Act, and no such deed relating to any such servitude [in which is mortgaged[,] shall be registered unless writing consented] given written consent to the cancellation of the bond or the release of the servitude from its operation.”. notarial deed, [but] subject to the the mortgagee has 5 Amendment of section 44 of Act 16 of 1967 - 36 Verify source ↗
Section 44 of the principal Act is hereby amended-
Section 44 is amended so that the deed of transfer or cession must describe the transferor or cedent, and the text removes subsections (3) and (4).
36. Section 44 of the principal Act is hereby amended- ( a ) by the substitution for subsection (2) of the following subsection: 10 “(2) The deed of transfer or cession shall describe the transferor the right or cedent respectively[, but no mention of the servitude shall be made in the description of the right therein].”; and as the holder of the servitude, and holder of (b) by the deletion of subsections (3) and (4). 15 Repeal of section 45 of Act 16 of 1967 - 37 Verify source ↗
Section 45 of the principal Act is hereby repealed.
Section 45 of the principal Act is repealed.
37. Section 45 of the principal Act is hereby repealed. Amendment of section 46 of Act 16 of 1967 - 38 Verify source ↗
Section 46 of the principal Act is hereby amended-
Certain leases, sub-leases, and cessions must be executed and notarised, and amendments must be submitted to the Director-General for registration.
38. Section 46 of the principal Act is hereby amended- (a) by the substitution for subsection (1) of the following subsection: 20 “( 1) [(a) Save where provision to the contrary is made in any law, any] Any lease or sub-lease of any right and any cession thereof required to be registered in the Mineral and Petroleum Titles Registration Office [capable of being leased by virtue of the provisions of any law relating to prospecting and mining, and any cession of such a lease or sub-lease intended or required to be registered in the Mining Titles Office,] shall be executed by the lessor and the lessee or by the lessee and the sub-lessee or by the cedent and the cessionary and shall be attested by a notary public.”; 25 ( b ) by the deletion in subsection (1) of paragraph (b); and ( c ) by the addition of the following subsections: “(3) Every amendment of the terms and conditions of any lease or sub-lease must be in the form of a notarial deed and must be submitted for registration to the Director-General together with originals or copies thereof and such other documents and deeds as may be prescribed. such further (4) Whenever any lease or sub-lease is lodged for registration or has or in as may been amended, modified, abandoned or cancelled, either wholly part, such plans, beprescribed must be submitted to the Director-General, who must register or record such tion.“. amendment, modification, abandonment or cancella- and other documents diagrams, deeds Amendment of section 47 of Act 16 of 1967 - 39 Verify source ↗
Section 47 of the principal Act is hereby amended-
When a registered lease or sub-lease ends, the Director-General must act on a written application supported by proof and the specified title/deed documents.
39. Section 47 of the principal Act is hereby amended- (a) by the substitution for subsection (1) of the following subsection: “(1) When a registered lease [ofl 0’ sub-lease has terminated, the Director-General shall on written application by the [holder of the right affected thereby or the holder of the lease] lessor or the lessee or the lessee or sub-lessee, accompanied by proof of the termination of the lease or sub-lease, and[, in the case of the termination of the lease,:] by the title deed of the right leased and[, if availabl~e,] the deed of lease or [, ir. the case of the terminztion of the sub-leasst, by the deed of lease aiiG, if aFaiiabrle, the deed oQ sub-lease, noie [, in the case of the termination of the lease, upon the title deed of the right and on the 30 35 40 45 50 55 36 No. 25162 GAZETTE. GOVERNMENT - 26 Verify source ↗
NOVEMBER. 2003
The Director-General may endorse the lapsing of the right, subject to the law.
26 NOVEMBER. 2003 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT ACT, 2003 deed of lease, if produced or, in the case of the termination of the sub-lease, upon the deed of lease and upon the deed of sub-lease, if produced,] that the lease or sub-lease has terminated.”; and (b) by the addition of the following subsection: “(3) The Director-General may of his or her own accord endorse the 5 lapsing of the right subject to the provisions of law.”. this Act or any (&r Repeal of sections 48 to 56 of Act 16 of 1967 - 40 Verify source ↗
Sections 48 to 56 of the principal Act are hereby repealed.
Sections 48 to 56 of the principal Act are repealed.
40. Sections 48 to 56 of the principal Act are hereby repealed. Substitution of section 57 of Act 16 of 1967 10 - 41 Verify source ↗
The following section is hereby substituted for section 57 of the principal Act:
This provision substitutes a section titled “Transfer and cession not to be passed as security.”
41. The following section is hereby substituted for section 57 of the principal Act: “Transfer and cession not to be passed as security - 57 Verify source ↗
No transfer or cession of any right (except a mortgage bond) made as
Transfers or cessions of rights used as security for a debt or other obligation must not be attested, except for a mortgage bond, by the listed offices.
57. No transfer or cession of any right (except a mortgage bond) made as security for a debt or other obligation shall be attested by the Director- General or Petroleum Titles Registration Office.”. the [Mining Titles] Mineral registered or recorded in and 15 ~- Amendment of section 58 of Act 16 of 1967 - 42 Verify source ↗
Section 58 of the principal Act is hereby amended-
This section amends section 58 so that registration is not allowed unless the deed is accompanied by proof from a competent public revenue officer that the required taxes, duties, and fees have been paid.
42. Section 58 of the principal Act is hereby amended- ( a ) by the substitution for subsection (1) of the following subsection: “(1) No deed of transfer or cession of any right [or certificat,e of 20 registered title issued in terms of section 271 shall be registered unless accompanied by a receipt or certificate of a competent [public revenue] officer that the taxes, duties and fees payable to the Government [or any provincial administration] on registered the rights to be transferred, ceded or paid.”; and 2.5 been have (b) by the deletion of subsection (2). Amendment of section 59 of Act 16 of 1967 - 43 Verify source ↗
Section 59 of the principal Act is hereby amended-
This section amends the rules for the Director-General to endorse a deed or document when a person's name has changed.
43. Section 59 of the principal Act is hereby amended- ( a ) by the substitution for subsection (1) of the following subsection: “( 1) If the name of any person [or partnership] whose name appears 30 in any registered deed or other document has changed [his or its name], the Director-General shall, upon written applicat~on and written proof of the change by that person [or partnership and upon production of‘the consent in writing of every other person interested in such deed or other document or in the rights created, conveyed or evidenced thereby], endorse on the said deed or document such c h a w if he ~ or she is satisfied that no change of person in law is implied [in such change of name, endorse on the said deed or other doculment that the name of the person or partnership has been changed to the name stated in the application and if] and where the old name gated in the application 40 in the [Mining appears in another deed or other document registered Titles] Mineral and Petroleum Titles Registration Office, that deed or other document shall corresponding entries shall be made in the registers.”; and be [likewise] endorsecc and in either case 35 38 No. 25162 GAZETTE, GOVERNMEN;‘ 26 NOVEMBER 2003 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT ACT. 2003 (b) by the substitution for subsection (2) of the following subsection: “ ( 2 ) Except in the case of a person [or plartnership] whose name has been changed in accordance with .the provisions of any law, the Director-General shall refuse to make any endorsement in terms of subsection (1) [until the applicant has plublished a notice in a form approved of by the Director-General once in the Gazette and three times in a newspaper approved by him, and if any objection which in his opinion is bonajide and sufficiently material, is not later than one week after the last publication in whichever may be the later publication, lodged with him to the endorsement being made, he may refuse to make the endorsement] except upon [the authority ofl an order of court[, and the court shall have jurisdiction to make such order in the matter as it may deem just].”. tlhe Gazette or newspaper, 5 10 Amendment of section 61 of Act 16 of 1967 15 - 44 Verify source ↗
Section 61 of the principal Act is hereby amended--
This section amends section 61 so certain powers of attorney must be attested by two qualified witnesses or specified officials, and it bars a person from attesting a power of attorney where that person is appointed as agent or would benefit.
44. Section 61 of the principal Act is hereby amended-- (a) by the substitution for subsection (1) of the following subsection: ”( 1) ( a ) Any power of attorney executed within the Republic which purports to give authority to pass, cede, amend or cancel a deed or document [capable of being registered or to perform any act which 20 may properly be performed in the Mining Titles Office], or to perform any act in the Mineral and Petroleum Titles Registration Office, shall be attested either by two witnesses [above the age of fourteen years] who are competent to give evidence in any court of law in the Republic or by a magistrate, justice of the peace, commissioner of oaths or notary public 25 under his designation [as such]. (b) No person shall be competent to attest any power of attorney under which he or she is appointed as an agent or derives any benefit.”; and (6) by the substitution for subsection (2) of the following subsection: “(2) The provisions of subsection (1) sha.11 [mutatis mutandis] apply 30 to any other original document intended for registration or filing or and Petroleum Titles production in the [Mining Titles] Mimral Registration Office.”. Repeal of section 62 of Act 16 of 1967 - 45 Verify source ↗
Section 62 of the principal Act is hereby repealed.
Section 62 of the principal Act is repealed.
45. Section 62 of the principal Act is hereby repealed. 35 Amendment of section 63 of Act 16 of 1967 - 46 Verify source ↗
Section 63 of the principal Act is hereby amended-.
An applicant must give the Director-General at least 14 days’ written notice before a court hearing for certain applications, unless shorter notice is accepted.
46. Section 63 of the principal Act is hereby amended-. ( a ) by the substitution for subsection (1) of the following subsection: “(1) No application made to the court for authority or an order involving the performance of any act in the [Mining Titles] Mineral and 40 Office shall be: heard, unless the applicant has at least fourteen days before the hearing given the Director-General written notice of his e intention to make: such application: Provided that, subject to the provisions of this Act, the Director-General may accept notice of shorter duration if the exigencies of his or her office 45 permit.”; and -- r (b) by the substitution for subsection (2) of the following subsection: “(2) The Director-General may submit to Ithe court such report on any she may deem [desirable to make] [such] application as he or necessary.”. 50 40 No. 25762 GOVERNMENT GAZETTE, 26 NOVEMBER 2003 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMEWT ACT, 2003 Amendment of section 64 of Act 16 of 1967 - 47 Verify source ↗
Section 64 of the principal Act is hereby amended--
If a void deed or other document comes into someone’s possession after a copy has been issued, that person must deliver it to the Director-General immediately. The Director-General must then impound and file it after marking it void.
47. Section 64 of the principal Act is hereby amended-- (a) by the substitution for subsection (2) .of the following subsection: “(2) If a deed or other document which has become void as [aforesaid,] contemplated in subsection (1) [comes into the custody or possession of any person who knows that a copy has been issued in transmit] & substitution therefor, he shall forthwith deliver or subsequently found, such deed or other document shall be delivered or transmitted immediately to the Director-General.”; and ( b ) by the substitution for subsection (3) of the foll!owing subsection: “(3) When any deed or other document which has become void as [aforesaid] contemplated in subsection (1) is delivered or transmitted to the Director-General, he orshe shall impound [such deed or document and file it] it for filing in his or her office after having made an endorsement thereon that has become void.”. it 5 10 15 Substitution of section 65 of Act 16 of 1967 - 48 Verify source ↗
The following section is hereby substituted for secl.ion 65 of the principal Act:
This section is about an exemption from liability for acts or omissions in the Mineral and Petroleum Titles Registration Office.
48. The following section is hereby substituted for secl.ion 65 of the principal Act: “Exemption from liability for acts or omissions in the Mineral and Petroleum Titles Registration Office - 65 Verify source ↗
No act or omission of the Directo:r-General or of any officer 20
The Government, the Director-General, and relevant officers are generally protected from liability for acts or omissions in the Registration Office, except where the act or omission was mala fide or where reasonable care and diligence was not used.
65. No act or omission of the Directo:r-General or of any officer 20 employed in the [Mining Titles] Mineral and Petroleum Titles Registration Office shall render the Government or the Director-General or such officer liable for any person in consequence of such act or omission: Provided that if such act or omission is mala $de or if the Director-General or such officer has not exercised 25 [damage sustained] damages :suffered by reasonable care and diligence in carrying out his e duties in connection with the matter in relation to which such act or omission occurrrd, the Government shall be liable for the [damage] damages, and in that event any amount paid by the Government shall be recoverable from the Director- General or such officer.”. 30 Substitution of section 66 of Act 16 of 1967 - 49 Verify source ↗
The following section is hereby substituted for section 66 of the principal Act:
This section substitutes a new section 66 of the principal Act, titled “Formal defects”.
49. The following section is hereby substituted for section 66 of the principal Act: “Formal defects - 66 Verify source ↗
No act or omission in connection with any registration in the [Mining
Formal defects do not invalidate an act or omission connected with registration unless the court finds substantial injustice that cannot be remedied by an order of court.
66. No act or omission in connection with any registration in the [Mining Titles] Mineral and Petroleum Titles Registr- Office dated by any formal defect, whether such defect occurs in any deed passed or registered or in any document upon the authsority of which any such deed has been passed or registered or which is required to be produced in connection with the passing or registrati0.n of such deed, unless a substantial injustice has by such act or omission been done, which in the 40 opinion of the court cannot be remedied by any order of ~ourt.”. shall be invali- 35 Repeal of section 67 of Act 16 of 1967 - 50 Verify source ↗
Section 67 of the principal Act is hereby repealed.
Section 67 of the principal Act is repealed.
50. Section 67 of the principal Act is hereby repealed. 42 No. 25762 GAZETTE, GOVERNMENT 26 NOVEMBER 2003 Act No. 24.2003 MINING TITLES REGISTRATION AMENDMENT ACT, 2003 Insertion of section 67A in Act 16 of 1967 - 51 Verify source ↗
The following section is hereby inserted in the principal Act after section 67:
This inserted section is titled “Registration of OP26 rights and converted old order rights.”
51. The following section is hereby inserted in the principal Act after section 67: “Registration of OP26 rights and converted old order rights - 67A Verify source ↗
All OP26 rights and old order rights converted in terms of the
The holder must lodge converted OP26 and old order rights for simultaneous title registration and de-registration within 90 days of conversion.
67A. All OP26 rights and old order rights converted in terms of the relevant provisions of Schedule I1 to the Mineral and Petroleum Resources Development Act, 2002, shall be lodged by the holder for simultaneous Titles registration and de-registration at the Minelral and Petroleum Registration Office, or the Deeds Office, as the case may be, within 90 days of the conversion thereof.”. Amendment of expression in Act 16 of 1967 - 52 Verify source ↗
The principal Act
This section amends the principal Act by replacing “Supreme Court” with “High Court” wherever that wording appears.
52. The principal Act is hereby amended by the substitution for the expression “Supreme Court”, wherever it appears, of the expression “High Court”. Amendment of Act 47 of 1937 5 10 - 53 Verify source ↗
Subject to Schedule I1 to the Mineral and Petroleum Resources Development Act,
This section amends the Deeds Registries Act, 1937, as set out in the Schedule, and it is subject to Schedule I1 to the Mineral and Petroleum Resources Development Act, 2002.
53. Subject to Schedule I1 to the Mineral and Petroleum Resources Development Act, 2002, the Deeds Registries Act, 1937 (Act No. 47 of 1937), is hereby amended to the 15 extent set out in the Schedule. Short title and commencement - 54 Verify source ↗
This Act is called the Mining Titles Registration A.mendment Act, 2003, and
This section says the Act is named the Mining Titles Registration Amendment Act, 2003, and starts operating when the Mineral and Petroleum Resources Development Act, 2002 commences.
54. This Act is called the Mining Titles Registration A.mendment Act, 2003, and comes into operation on the date Resources of commencement of the Mineral and Petroleum 20 2002. Act, Development i 44 No. 25162 ~~ ~~~ ~~ ~~ GOVERNMENT GAZETIE, 26 NOVEMBER 2003 Act No. 24,2003 MINING TITLES REGISTRATION AMENDMENT .4CT, 2003 SCHEDULE LAWS AMENDED (Section 53) Vo. and year of Act Short title Extent of repeal or amendment 4ct No. 47 of 1937 k e d s Registries Act, 1937(Act No. 47 of 1937) - 1 Verify source ↗
The repeal of sections 3(1)(l), 3(l)(nz),
This section repeals several listed sections and sub-sections.
1. The repeal of sections 3(1)(l), 3(l)(nz), 3(l)(n), 3(l)(q), 17(5)(b), 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 follow-
In certain cessions over joint-estate assets, the surviving spouse must be joined with the deceased spouse’s executor, unless one of the listed exceptions applies.
2. The substitution for section 21 of the follow- ing section: deed of transfer or d e e f “21. Transfer or cession from join& We.-In any cession lodged in a deeds registry and relar- ing to an asset in a joint estate, the ing spouse shall be joined in his or her per- sonal capacity with the executor of & estate of the (deceased spouse e x c e p h (a) where the executor is dealing lw with the share of the deceased spouse; or - (b) where the asset has been sold the debl:s of the joint estate; 01: (c) where tlhere has been a massing of the joint estate and the surviving spouse has adiated; or -- (dj where such transfer or cession* favour (of the surviving spouse;or e ( e ) where the power of attorney t ( such transfer or cession, has been signed by the surviving spouse in the capacity of executor.”. - 3 Verify source ↗
The amendment of section 28 by the substi-
This provision amends several sections to require documents and consents to be lodged with the registrar for certain partitions and expropriations, and to require the registrar to record, endorse, and in some cases cancel expropriation notes.
3. The amendment of section 28 by the substi- tution for subsection (1) of the following subsection: “(1) If the share or shares owned by any of the parties to a partition appear from the title deeds 01 the land partitioned to be sub- ject to a lease, personal servitude or other real right [(excluding any rights to miner- als)] the wri1:ten 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, servihlde or real right is held, shall be produced to the registrar. $. The amendment of section 32 by- ( a ) the deletion in subsections (I), 2(a) and (4) of “or right to minerals” wher- ever it appears in the said subsections; (b) the substitution for subsection ( 5 ) of the following subsection: 46 No. 25162 GOVERNMENT GAZE‘ITE. 26 NOVEMBER 2003 Act No. 24.2003 MINING TITLES REGISTRATION AMENDMENT ACT, 2003 \lo. and year of Act jhort title Extent of repeal or amendment “ ( 5 ) Imlnediately after any riswf servitud’z over any land has bel= propriated, the expropriatins authority shall lodge with the registrar a@ fied cop,y of the notice of exprc,pna- tion, two copies of the relevanl. expro- priation plan of the servitude ill question and a certificate describin_p the land and stating the name. number and administration district ther- well as the full names and surname of the registered owner and the nl- (consisting of the serial and year num- ber) of the title deed, and the registrar shall cause a note of the expropriation to be made in his or her registers,& if at any time the original of th* deed is lodged in his or her reg* for anv I3umose or auulication is made for the ksue of a certified copyof such titll: deed, the registrar shaJ cause an appropriate note to be= dorsed tlnereon as well as on the office copy thereof and a copy of theexpro- priation plan to be annexed t h e w well as to the office copy thereof;”; (cj the substitution for subsection (5A) of the following subsection: “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 ex- propriation in his & registers or endorsement on the title deed of the land [or the title under which the right to minerals is held,] and there- upon the expropriated right of :servi- tude [or right to minerals] shall vest in such owner.”. i. The amendment af section 63 by the substi- tution for subsection (2) of the following subsection: “(2) The provisions of subsection ( ] ) s h a l l not apply with reference to any condition in a mortgage bond or lease or in a deed re- ferred to in section 3(l)(cj or ( p i . ” . C Y j. The amendment of section 64(1) by the dele- tion of the words [other than a right to minerals]. ‘. The amendment of section 67 by the deletion of the words [or in a deed of cession of rights to mine~-als], the words, [or cedent], and the words, [or cession] wherever these appear in the said section. 48 No. 25762 GOVERNMENT GAZETTE, 26 NOVEMBER 2003 Act No. 24.2003 MINING TITLES REGISTRATION AMENDMENT ACT, 2003 - \Jo. and year of Act Short title k t No. 95 of 1986 Sectional Titles Act, 1986 3xtent of repeal or :amendment - - - 3 Verify source ↗
The amendment of section 77-
This section amends several provisions by deleting specified words and replacing section 90(1).
3. The amendment of section 77- ( a ) by the deletion in subsection (1) of the words “or of any rights to minerals in land” ; and (bj by the deletion in subsection (2) of the words “or right”. >, The amendment of section 90 by the substi- tution for subsection (1) of the following subsection: “(1) If it is expressly provided in- (a) a registered lease of land [or rights to minerals]; or (bj a registered deed creating or evi- dencing a servitude[; or (c} a registered prospecting con- tract], .hat it shall lapse upon failure to make regularly my periodical payments mentioned therein, the .egistrar shall upon written application accom- nnied by an &davit by the lessor or grantor of he registered right (as the case may be) that the ;aid periodical payments have not been duly nade, cancel the registration of the lease [,I 0’ ;ervitude [or contrast]:”. LO. Amendment of section 102 by- (a) the deletion in the definition of “im- movable property” of paragraph (a); (b) the deletion of the definition of “pros- pecting contract”; (c) the deletion in the definition of ‘share’ of “and rights to minerals”. - rhe amendment of section 17(5) by the deletion If the words “[, excluding mineral rights,]”. -
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Mining Titles Registration Amendment Act
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign inLexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.