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

Regulations

Amendment Regulations to the Mineral and Petroleum Resources Development Regulations, 2020

Chapter 2 : Mineral and Petroleum, Social and Environmental Regulations

Part 1 : Mineral and Petroleum Regulation

3. Meaningful Consultation with interested and affected persons

[Heading substituted by Notice No. R. 420, G43172, dated 27 March 2020]

 

(1) The Regional Manager or designated agency, as the case may be, must make known by way of a notice, that an application contemplated in regulation 2, has been accepted in respect of the land or offshore area, as the case may be.

 

(2) The notice referred to in subregulation (1) must be placed on a notice board at the office of the Regional Manager or designated agency, as the case may be, that is accessible to the public.

 

(3) In addition to the notice referred to in subregulation (1), the Regional Manager or designated agency, as the case may be, must also make known the application by at least one of the following methods—
(a) publication in the applicable Provincial Gazette;
(b) placement of notice in the Magistrate's Court in the magisterial district applicable to the land in question; or
(c) advertisement in a local or national newspaper circulating in the a where the land or offshore area to which the application relates, is situated or
(d) placement of notice in local schools, public libraries, municipal offices, and Traditional Council offices.
(e) The notice to be in English and one other official language that is dominantly used in the relevant area.

[Regulation 3(3) substituted by Notice No. R. 420, G43172, dated 27 March 2020]

 

(4) A publication, notice or advertisement referred to in subregulation (3) must include—
(a) an invitation to members of the public to submit comments in writing on or before a date specified in the publication, notice or advertisement, which date may not be earlier than 30 days from the date of such publication, notice or advertisement;

[Regulation 3(4)(a) substituted by Notice No. R. 420, G43172, dated 27 March 2020]

(b) the name and official title of the person to whom any comments must be sent or delivered; and
(c) the—
(i) work, postal and street address and, if available, an electronic mail address;
(ii) work telephone number; and
(iii) facsimile number, if any, of the person contemplated in paragraph (b).

 

(5) The Regional Manager must obtain and keep confirmation of placement of the notice from;
(a) Clerk of the Court or photographs taken by the responsible official, if the notice was placed in terms of subrequlation (3)(b); and
(b) photographs of the notice taken by the responsible official. if the notice was placed in terms of subregulation {3)(d).

[Regulation 3(5) inserted by Notice No. R. 420, G43172, dated 27 March 2020]