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

Chapter 4 : Mineral and Environmental Regulation

18. Application for renewal of prospecting right

 

(1) Any holder of a prospecting right who wishes to apply to the Minister for the renewal of a prospecting right must lodge the application—
(a) at the office of the Regional Manager in whose region the land is situated;
(b) in the prescribed manner; and
(c) together with the prescribed non-refundable application fee.

 

(2) An application for renewal of a prospecting right must—
(a) state the reasons and period for which the renewal is required;
(b) be accompanied by a detailed report reflecting the prospecting results, the interpretation thereof and the prospecting expenditure incurred;
(c) be accompanied by a report reflecting the extent of compliance with the conditions of the environmental authorisation;

[Section 18(2)(c) substituted by section 14(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

(d) include a detailed prospecting work programme for the renewal period; and
(e) a certificate issued by the Council for Geoscience that all prospecting information as prescribed has been submitted.

[Section 18(2)(e) inserted by section 14(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

 

(3) The Minister must grant the renewal of a prospecting right if the application complies with subsections (1) and (2) and the holder of the prospecting right has complied with the—
(a) terms and conditions of the prospecting right and is not in contravention of any relevant provision of this Act;
(b) prospecting work programme; and
(c) compliance with the conditions of the environmental authorisation.

[Section 18(3)(c) substituted by section 14(c) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

 

(4) A prospecting right may be renewed once for a period not exceeding three years.

 

(5) A prospecting right in respect of which an application for renewal has been lodged shall, despite its stated expiry date, remain in force until such time as such application has been granted or refused.