MINERAL AND PETROLEUM RESOURCES DEVELOPMENT …

1 (7 December 2014 to date). [This is the current version and applies as from 7 December 2014, the date of commencement of further sections of the MINERAL and PETROLEUM RESOURCES DEVELOPMENT Amendment Act 49 of 2008 to date]. MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 28 OF 2002. (Gazette No. 23922, Notice No. 1273 dated 10 October 2002. Commencement date: 1 May 2004 [Proc. No. R25, Gazette No. 26264]). As amended by: Minerals and Energy Laws Amendment Act 11 of 2005 Gazette No. 27897, Notice No. 824 dated 15. August 2005. Deemed to have come into operation on 30 April 2004. MINERAL and PETROLEUM RESOURCES DEVELOPMENT Amendment Act 49 of 2008 Gazette No.

2 32151, No. 437. dated 21 April 2009. Commencement date of certain sections: 7 June 2013 [Proc. No. 14, Gazette No. 36512 dated 31 May 2013 as amended by Proc. No. 17, Gazette No. 36541 dated 6 June 2013]. MINERAL and PETROLEUM RESOURCES DEVELOPMENT Amendment Act 49 of 2008 Gazette No. 32151, No. 437. dated 21 April 2009. Commencement date of further sections: 7 December 2014. Commencement date of sections 11(1) as substituted by section 8(a), section 11(5) as added by section 8(c), section 38B as inserted by section 32, section 47(1)(e) as added by section 38(d), section 102(2) as substituted by section 72 and section 106(2) as substituted by section 76 of Act 49 of 2008: Still to be proclaimed.

3 [Proc. No. 17, Gazette No. 36541 dated 6 June 2013]. Important Note: Section 14(2) of the National Environmental Management Amendment Act 62 of 2008 states the following: (2) Notwithstanding subsection (1), any provision relating to prospecting, mining, exploration and production and related activities comes into operation on a date 18 months after the date of commencement of . (a) section 2; or (b) the MINERAL and PETROLEUM RESOURCES DEVELOPMENT Amendment Act, 2008, whichever date is the later.. The commencement date of section 14(2) will therefore be 7 December 2014. Section 94(2) of the MINERAL and PETROLEUM RESOURCES DEVELOPMENT Amendment Act 49 of 2008.

4 States the following: Prepared by: In partnership with: Page 2 of 109. (2) Notwithstanding subsection 1, the following sections of the principal Act as amended by this Act come into operation on the date contemplated in section 14(2) of the National Environmental Management Amendment Act, 2008: Sections 5A(a), 16(1), 16(4)(a), 16(4)(b), 17(1)(c), 18(2)(c), 18(3)(c), 19(2)(e), 22(1)(a), 22(4)(a), 22(4)(b), 22(5), 23(1)(d), 24(2)(b), 24(3)(c), 25(2)(e), 27(2), 27(5)(b), 27(6)(b), 32(3), 35(2)(a), 38A, 43(4), 43(6), 45(1), 47(1)(c), 74(4), 75(1)(c), 79(4), 81(2)(c), 81(3)(c), 83(4), 86(2)(d), 93(1)(b) and 106(1). The commencement date of the abovementioned sections will therefore be 7 December 2014.

5 Please note that section 14(2) of Act 62 of 2008 has been deleted by section 28 of Act 25 of 2014 with effect from 1 September 2014. We are of the opinion that despite the deletion of section 14(2), the amendments effected by section 94(2) of Act 49 of 2008 should still commence on 7 December 2014. Also refer to section 94(3) of the MINERAL and PETROLEUM RESOURCES DEVELOPMENT Amendment Act 49. of 2008 which states as follows: (3) Any provision of the principal Act as amended by this Act relating to prospecting, mining, exploration and production and related activities that is in conflict with any provision relating to prospecting, mining, exploration, production and related activities contemplated in section 14(2).

6 Of the National Environmental Management Amendment Act, 2008, on the date that it comes into operation in terms of that section, shall lapse with effect from that date. The commencement date of the abovementioned section will therefore be 7 December 2014. _____. (English text signed by the President). (Assented to 3 October 2002). _____. ACT. To make provision for equitable access to and sustainable DEVELOPMENT of the nation's MINERAL and PETROLEUM RESOURCES ; and to provide for matters connected therewith. PREAMBLE. RECOGNISING that minerals and PETROLEUM are non-renewable natural RESOURCES ;. ACKNOWLEDGING that South Africa's MINERAL and PETROLEUM RESOURCES belong to the nation and that the State is the custodian thereof.

7 Prepared by: In partnership with: Page 3 of 109. AFFIRMING the State's obligation to protect the environment for the benefit of present and future generations, to ensure ecologically sustainable DEVELOPMENT of MINERAL and PETROLEUM RESOURCES and to promote economic and social DEVELOPMENT ;. RECOGNISING the need to promote local and rural DEVELOPMENT and the social upliftment of communities affected by mining;. REAFFIRMING the State's commitment to reform to bring about equitable access to South Africa's MINERAL and PETROLEUM RESOURCES ;. BEING COMMITTED to eradicating all forms of discriminatory practices in the MINERAL and PETROLEUM industries.

8 CONSIDERING the State's obligation under the Constitution to take legislative and other measures to redress the results of past racial discrimination;. REAFFIRMING the State's commitment to guaranteeing security of tenure in respect of prospecting and mining operations; and EMPHASISING the need to create an internationally competitive and efficient administrative and regulatory regime, BE lT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:- ARRANGEMENT OF ACT. CHAPTER 1. DEFINITIONS. 1. Definitions CHAPTER 2. FUNDAMENTAL PRINCIPLES. 2. Objects of Act 3. Custodianship of nation's MINERAL and PETROLEUM RESOURCES 4.

9 Interpretation of Act 5. Legal nature of prospecting right, mining right, exploration right or production right, and rights of holders thereof 5A. Prohibition relating to illegal act 6. Principles of administrative justice Prepared by: In partnership with: Page 4 of 109. CHAPTER 3. ADMINISTRATION. 7. Division of Republic, territorial waters, continental shelf and exclusive economic zone into regions 8. Designation and functions of officer CHAPTER 4. MINERAL AND ENVIRONMENTAL REGULATION. 9. Order of processing of applications 10. Consultation with interested and affected parties 11. Transferability and encumbrance of prospecting rights and mining rights 12.

10 Assistance to historically disadvantaged persons 13. Application for reconnaissance permission 14. Issuing and duration of reconnaissance permission 15. Rights and obligations of holder of reconnaissance permission 16. Application for prospecting right 17. Granting and duration of prospecting right 18. Application for renewal of prospecting right 19. Rights and obligations of holder of prospecting right 20. Permission to remove and dispose of minerals 21. Information and data in respect of reconnaissance and prospecting 22. Application for mining right 23. Granting and duration of mining right 24. Application for renewal of mining right 25.