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Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)

Chapter 6 : Petroleum Exploration and Production

83. Application for production right

 

(1) Any person who wishes to apply to the Minister for a production right must lodge the application—
(a) at the office of the designated agency;
(b) in the prescribed manner; and
(c) together with the prescribed non-refundable application fee.

 

(2) The designated agency must, within 14 days of the receipt of the application, accept an application for an exploration right if—

[Words preceding section 83(2)(a) substituted by section 61(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

(a) the requirements contemplated in subsection (1) are met;
(b) no other person holds a technical co-operation permit, exploration right or production right for petroleum over any part of the area applied for; and
(c) no prior application for technical co-operation permit, exploration right or production right over the same mineral, land and area applied for has been accepted.

[Section 83(2)(c) inserted by section 61(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

 

(3) If the application does not comply with the requirements of this section, the designated agency must notify the applicant in writing within 14 days of receipt of the application, and provide reasons.

[Section 83(3) substituted by section 61(c) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

 

(4) If the designated agency accepts the application, the designated agency must, within 14 days from the date of acceptance, notify the applicant in writing to—
(a) consult in the prescribed manner with the landowner, lawful occupier and any interested and affected party and include the result of the consultation in the relevant environmental reports as required in terms of Chapter 5 of the National Environmental Management Act, 1998; and
(b) submit relevant environmental reports required in terms of Chapter 5 of the National Environmental Management Act, 1998, within 180 days from the date of the notice.

[Section 83(4) substituted by section 61(d) of the Mineral and Petroleum Resources Development Amendment Act, 2008]