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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Minerals Act, No. 50 of 1991

Long title


To regulate the prospecting for and the optimal exploitation, processing and utilization of minerals; to provide for the safety and health of persons concerned in mines and works; to regulate the orderly utiizaton and the rehabilitation of the surface of land during and after prospecting and mining operations; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

ARRANGEMENT OF ACT
CHAPTER I. INTRODUCTION
1. Definitions

CHAPTER II. ADMINISTRATION
2. Administration of Act
3. Division of Republic,territorial waters and continental shelf into regions
4. Appointment and functions of regional directors

CHAPTER III. AUTHORIZATION TO PROSPECT AND TO MINE
5. Right to prospect and mine for and to dispose of minerals
6. Issuing of prospecting permit
7. Prohibition or restriction on prospecting on certain land
8. Prohibition on removal and disposal of minerals found during prospecting operations
9. Issuing of mining authorization
10. Temporary authorization to continue with prospecting or mining operations
11. Duration and termination of prospecting permit or mining authorization
12. Continuation of liability until certificate is issued
13. Prospecting permit or mining authorization not to be transferred or encumbered
14. Suspension or cancellation of prospecting permit,permission or mining authorization
15. Restriction on issuing of more than one prospecting permit or mining authorization in respect of the same mineral and land
16. Lapsing of prospecting permit or mining authorization

CHAPTER IV. OPTIMAL EXPLOITATION AND UTILIZATION OF MINERALS
17. Power of Minister if consent to prospect or to mine cannot be acquired
18. Special investigation by State regarding presence, nature and extent of minerals in or on land
19. Information in respect of prospecting to be furnished to regional director
20. Restriction on dividing of rights to minerals
21. Restriction on acquisition of rights to minerals by succession
22. Power of Minister in case of conducting mining operations contrary to object of optimal exploitation of minerals
23. Power of Minister in case of exercising of surface rights contrary to object of optimal exploitation of minerals
24. Minister to expropriate surface or mineral rights
25. Power of Minister to impose prohibition on possession of mineral, and power of manager to search person

CHAPTER V. SAFETY AND HEALTH
26. Establishment and functions of mine safety committe
27. Orders, suspensions and instructions
28. Inquiries into accidents and other matters
29. Attendance and examination of witnesses at inquiry
30. Obstruction of inquiry or investigating officer or failure to render assistance
31. Appointment and responsibilities of manager and other persons and responsibilities of owner
32. Prohibition on underground work by certain juveniles and females
33. Permits for use of equipment
34. Codes of practice
35. Supply or repair of certain equipment in accordance with requirements of manager
36. Prohibition on obtaining of certificate of competency under false presences
37. Negligent act or omission offence under certain circumstances

CHAPTER VI. REHABILITATION OF SURFACE
38. Rehabilitation of surface of land
39. Layout plan and rehabilitation programme
40. Removal of buildings, structures and objects
41. Restrictions in relation to use of surface of land
42. Acquisition or purchase of certain land and payment of compensation under certain circumstances
CHAPTER VII. TRANSITIONAL PROVISIONS
43. Certain persons deemed to be holders of mineral rights, and payment of compensation by Minister
44. Continuation of prospecting rights
45. Deproclamation of land and continuation of certain laws in connection with alluvial diggings and proclaimed land
46. Right to certain diamonds and use of certain surface deemed to vest in State
47. Continuation of mining rights
48. Continuation of reservations, permissions and certain rights
49. Certain functions of Mining Commissioner performed by regional director
50. Reference to Government Mining Engineer, Registrar of Mining Titles and Mining Commissioner in documents or other laws
CHAPTER VIII. GENERAL AND MISCELLANEOUS PROVISIONS
51. Power of entering upon land or place and to perform other acts
52. Producing of documents at request of regional director or authorized person
53. Proof of certain facts
54. Notice of commencement or cessation of prospecting or mining operations or works
55. State not liable for claims
56. Serving of documents and validity
57. Right of appeal
58. Prohibition on victimization
59. Prohibition on obstruction of officer or person
60. Offences
61. Penalties
62. Delegation of powers
63. Regulations
64. Alienation of State-owned mineral rights
65. Act binds State
66. Amendment of Mining Titles Registration Act, 1967
67. Machinery and Occupational Safety Act, 1983, not applicable
68. Repeal of laws, and savings
69. Agreements with self-governing territories
70. Short title and commencement
Sch. SCHEDULE
.
Legislation Text Access Point

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As unamended LINK REQ.INFO LINK
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