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

Chapter 7 : General and Miscellaneous Provisions

106. Exemptions from certain provisions of Act

 

(1) The Minister may by notice in the Gazette, exempt any organ of state from 2 the provisions of sections 16, 20, 22 and 27 in respect of any activity to remove any mineral for road construction, building of dams or other purpose which may be identified in such notice.

 

(2) Despite subsection (1), the organ of state so exempted must submit relevant environmental reports required in terms of Chapter 5 of the National Environmental Management Act, 1998, to obtain an environmental authorization.

[Section 106(2) substituted by section 76 of the Mineral and Petroleum Resources Development Amendment Act, 2008]

 

(3) Any landowner or lawful occupier of land who lawfully, takes sand, stone, rock, gravel or clay for farming or for effecting improvements in connection with such land or community development purposes, is exempted from the provisions of in subsection (1) as long as the sand, stone, rock, gravel or clay is not sold or disposed of.