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Geoscience Act, 1993 (Act No. 100 of 1993)

5. Functions of Council

 

(1) For the purpose of achieving its objects, the Council may perform the following functions:
(a) Undertake geoscientific research and related technological development;
(b) compile and develop a comprehensive and integrated collection of knowledge and information of geology, geochemistry, geophysics, engineering geology, economic geology, geochronology, palaeontology, geohydrological aquifer systems, geotechnical investigations, marine geology, geomagnetism, seisomology, geohazards, environmental geology and other related disciplines;
(bA) promote the search for, and the exploitation of, any minerals in the Republic;

[Subsection (1)(bA) inserted by section 4 of Act No. 16 of 2010]

(bB) bring to the notice of the Minister any information in relation to the prospecting for and mining of mineral resources which is likely to be of use or benefit to the Republic;

[Subsection (1)(bB) inserted by section 4 of Act No. 16 of 2010]

(c) serve as the national custodian of geotechnical information, prospecting information and all other geoscientific information relating to the earth, the marine environment and geomagnetic space, all of which shall be lodged with the Council;
(d) study the—
(i) distribution and nature of mineral resources; and
(ii) geo-environmental aspects of past, current and future mineral exploitation;
(e) study the use of the surface and the surface of land and the seabed, and from a geoscientific viewpoint advise government institutions and the general public on the judicious and safe use thereof with a view to facilitate sustainable development;
(eA) review and evaluate all geotechnical reports in respect of geohazards that may affect infrastructure and development at prescribed tariffs;

[Subsection (1)(eA) inserted by section 4 of Act No. 16 of 2010]

(f) develop and maintain the National Geoscientific Library, the National Geoscientific Information Centre, the National Borehole Core Depository, the National Geophysical and Geochemical Test Sites, the National Geoscience Museum, the National Seismological Network and the National Geoscience Analytical Facility;
(g) conduct investigations and render prescribved specialized services to public and private institutions;
(h) undertake—
(i) research of its own accord;
(ii) research on behalf of the State or any other government institution, or on behalf of any person or institution, or support such research financially; or
(iii) any reconnaissance operation, prospecting and other related activities with a view to attracting investment to the mineral resource sector; and

[Subsection (1)(h)(iii) inserted by section 4 of Act No. 16 of 2010]

(i) do anything that is necessary for or conducive to the achievement of the said objects.

 

(2) In order to promote relevant research and to support its objects the Council may—
(a) make grants to universities, colleges and other educational and scientific institutions in aid of research by their staff or for the establishment of facilities for such research;
(b) undertake joint research projects with departments, universities, colleges, other educational and scientific institutions and other persons;
(c) co-operate with educational authorities and scientific or technical societies for the promotion of the education and training of researchers, technical experts and other supporting personnel in schools, colleges and universities;
(d) grant study bursaries and loans to researchers, and make monetary contributions for research programmes in support of its own human resource development requirements;
(e) co-operate with persons and institutions undertaking research in other countries by the exchange of geoscientific knowledge and information by means of international meetings and research projects; and
(f) serve as the national advisory authority to various local, provincial and national authorities in respect of—
(i) geohazards that may affect infrastructure and development; and
(ii) geo-environmental pollution brought about by mineral exploitation and by other activities through the production of geoscientific and geological information.

[Subsection 2(f) inserted by section 4 of Act No. 16 of 2010]

 

(3) In order to perform the functions and to achieve the objects of the Council, the Chief Executive Officer may—
(a) on behalf of the Council conclude agreements with any person or institution or, subject to the provisions of section 8, with any government or administration, on the conditions upon which the Board and that person, institution, government or administration may agree;
(b) act as the official representative of the Council at all national and international organizations and meetings;
(c) defend legal proceedings instituted against the Council and institute legal proceedings connected with its functions;
(d) with the approval of the Minister, granted with the concurrence of the Minister of Finance, for or on behalf of the Council purchase or otherwise acquire or possess or hire immovable property, and alienate, let, pledge or otherwise encumber such property;
(e) with the approval of the Minister, granted with the concurrence of the Minister of Finance, raise money by way of loans on such terms and conditions and against such security as the Board may deem expedient;
(f) hire or let services against payment;
(g) produce and sell reports, maps, computer programs and other intellectual property which the Council generates in the course of its research;
(h) do everything that is conducive to the performance of the functions or the achievement of the objects of the Council or is calculated, directly or indirectly, to enhance the value of or render profitable the property or rights of the Council.

 

(4) The Council shall, in addition to its other functions in terms of this Act or any other law—
(a) perform such functions and undertake such investigations or research as the Minister may assign to it; and
(b) advise the Minister on research in the field of geoscience.

 

(5) The functions of the Council mentioned in this section shall be performed by the Chief Executive Officer, except in so far as they have been assigned by this Act or by the Minister to any other person.

 

[Section 5 substituted by section 4 of Act No. 16 of 2010]