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

Chapter 7  : General and Miscellaneous Provisions

93. Orders, suspensions and instructions

 

(1) If an authorised person finds that a contravention or suspected contravention of, or failure to comply with—
(a) any provision of this Act; or
(b) any term or condition of any right, permit or permission or any other law granted or issued or an environmental authorization issued, has occurred or is occurring on the relevant reconnaissance, exploration, production, prospecting mining or retention area or place where prospecting operations or mining operations or processing operations are being conducted, such a person may—

[Words preceding section 93(1)(b)(i) substituted by section 67 of the Mineral and Petroleum Resources Development Amendment Act, 2008]

(i) order the holder of the relevant right permit or permission, or the person in charge of such area, any person carrying out or in charge of the carrying out of such activities or operations or the manager, official, employee or agent of such holder or person to, take immediate rectifying steps; or
(ii) order that the reconnaissance, prospecting, exploration, mining, Production or processing operations or part thereof be suspended or terminated, and give such other instructions in connection therewith as may be necessary

 

(2) The Director-General must confirm or set aside any order contemplated in subsection (1)(a) or (b).

 

(3) The Director-General must notify the relevant holder or other person contemplated in subsection (1) in writing within 60 days after the order referred to in subsection (1)(a) or (b) has been set aside or confirmed, failing which such order shall lapse.