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

Chapter 4 : Mineral and Environmental Regulation

19. Rights and obligations of holder of prospecting right

 

(1) In addition to the rights referred to in section 5, the holder of a prospecting right has—
(a) subject to section 18, the exclusive right to apply for and be granted a renewal of the prospecting right in respect of the mineral and prospecting area in question;
(b) subject to subsection (2), the exclusive right to apply for and be granted a mining right in respect of die mineral and prospecting area in question; and
(c) subject to the permission referred to in section 20, the exclusive right to remove and dispose of any mineral to which such right relates and which is found during the course of prospecting.

 

(2) The holder of a prospecting right must—
(a) lodge such right for registration at the Mineral and Petroleum Titles Registration Office within 60 days after the right has become effective;

[Section 19(2)(a) substituted by section 15(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

(b) commence with prospecting activities within 120 days from the date on which the prospecting right becomes effective in terms of section 17(5) or such an extended period as the Minister may authorise;
(c) continuously and actively conduct prospecting operations in accordance with the prospecting work programme;
(d) comply with the terms and conditions of the prospecting right, relevant provisions of this Act and any other relevant law;
(e) comply with the conditions of the environmental authorisation;

[Section 19(2)(c) substituted by section 15(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]

(f) pay the prescribed prospecting fees to the State;
(g) subject to section 20, and in terms of any relevant law, pay the State royalties in respect of any mineral removed and disposed of during the course of prospecting operations; and
(h) submit progress reports and data of prospecting operations to the Regional Manager within 30 days from the date of submission thereof to the Council for Geoscience.

[Section 19(2)(h) inserted by section 15(c) of the Mineral and Petroleum Resources Development Amendment Act, 2008]