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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Mineral and Petroleum Resources Development Act, No. 28 of 2002

Long title


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.

Table of contents

SECTION TITLE

PREAMBLE

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. Interpretation of Act
5. Legal nature of prospecting right, mining right, exploration right or production right, and rights of holders thereof
6. Principles of administrative justice

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. 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. Rights and obligations of holder of mining right
26. Mineral beneficiation
27. Application for, issuing and duration of mining permit
28. Information and data in respect of mining or processing of minerals
29. Minister's power to direct submission of specified information or data
30. Disclosure of information
31. Application for retention permit
32. Issuing and duration of retention permit
33. Refusal of application for retention permit
34. Application for renewal of retention permit
35. Rights and obligations of holder of retention permit
36. Retention permit not transferable
37. Environmental management principles
38. ... [...repealed by Act 2008_049_031_20090421 - was entitled "Integrated environmental management and responsibility to remedy"]
38A. Environmental authorisations [...inserted by Act 2008_049_032_20090421]
38B. Approved environmental management programmes and environmental management plans [...inserted by Act 2008_049_032]
39.. ... [...repealed by Act 2008_049_033_20090421 - was entitled "Environmental management programme and environmental management plan"]
40. ... [...repealed by Act 2008_049_033_20090421 - was entitled "Consultation with State departments"}
41. ... [...repealed by Act 2008_049_033_20090421 - was entitled "Financial provision for remediation of environmental damage"]
42. ... [...repealed by Act 2008_049_033_20090421 - was entitled "Management of residue stockpiles and residue deposits"]
43. Closure certificate
44. Removal of buildings, structures and other objects
45. Minister's power to recover costs in event of urgent remedial measures
46. Minister's power to remedy environmental damage in certain instances
47. Minister's power to suspend or cancel rights, permit or permissions
48. Restriction or prohibition of prospecting and mining on certain land
49. Minister's power to prohibit or restrict prospecting or mining
50. Minister may investigate occurrence, nature and extent of mineral resources
51. Optimal mining of mineral resources
52 Notice of profitability and curtailment of mining operations affecting employment
53. Use of land surface rights contrary to objects of Act
54. Compensation payable under certain circumstances
55. Minister's power to expropriate property for purpose of prospecting or mining
56. Lapsing of right and permission [...amended by Act 2008_049_043(a)_20090421]

CHAPTER 5. MINERALS AND PETROLEUM BOARD [...amended by Act 2008_049_044_20090421]
57. Establishment of Minerals and Petroleum Board [...amended by Act 2008_049_045_20090421]
58. Functions of Board
59. Composition of Board
60. Disqualification of members
61. Vacation of office
62. Term of office and filling of vacancies
63. Meetings of Board
64. Committees of Board
65. Funding of Board
66. Remuneration of members of Board, committees and working groups
67. Reports of Board
68. Administrative functions

CHAPTER 6. PETROLEUM EXPLORATION AND PRODUCTION
69. Application of Chapter
70. Designated agency
71. Functions of designated agency
72. Funding of designated agency
73. Invitation for applications
74. Application for reconnaissance permit
75. Issuing and duration of reconnaissance permit
76. Application for technical co-operation permit
77. Issuing and duration of technical co-operation permit
78. Rights and obligations of holder of technical co-operation permit
79. Application for exploration right
80. Granting and duration of exploration right
81. Application for renewal of exploration right
82. Rights and obligations of holder of exploration right
83. Application for production right
84. Granting and duration of production right
85. Application for renewal of production right
86. Rights and obligation of holder of production right
87. Development of petroleum reservoir as unit
88. Information and data
89. Financial guarantee
90. Minister's power to suspend or cancel permits or rights

CHAPTER 7. GENERAL AND MISCELLANEOUS PROVISIONS
91. Power to enter prospecting area, mining area or retention area
92. Routine inspections
93. Orders, suspensions and instructions
94. Prohibition of obstruction, hindering or opposing of authorised person
95. Prohibition of occupational detriment against employee
96. Internal appeal process and access to courts
97. Serving of documents
98. Offences
99. Penalties
100 Transformation of minerals industry
101. Appointment of contractor
102. Amendment of rights, permits, programmes and plans
103. Delegation and assignment
104. Preferent prospecting or mining right in respect of communities
105. Landowner, or lawful occupier of land cannot be traced
106. Exemptions from certain provisions of Act
107. Regulations
108. Proof of facts
109. Act binds State
110. Repeal and amendment of laws, and transitional provisions
111. Short title and commencement
Sch. I. SCHEDULE I. REPEAL OR AMENDMENT OF LAWS [s110]
Sch. II. SCHEDULE II. TRANSITIONAL ARRANGEMENTS [s69]

1 Definitions
2 Objects of Schedule
3 Pending prospecting and mining applications
4 Continuation of exploration operations
5 Continuation of production operations
6 Continuation of old order prospecting right
7 Continuation of old order mining right
8 Processing of unused old order rights
9 Continuation of reservations, permissions and certain rights
10 Continuation of approved environmental management programme
11 Consideration or royalty payable
12 Payment of compensation
13 Certain functions of Director: Mineral Development to be performed by Regional Manager or Minister
TABLE 1
TABLE 2
TABLE 3

Legislation Text Access Point

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