| (a) |
the mineral in question can be mined optimally within a period of two years; and |
| (b) |
the mining area in question does not exceed 5.0 hectares in extent. |
[Section 27(1)(b) substituted by section 23(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (2) |
Any person who wishes to apply to the Minister for a mining permit must simultaneously apply for an environmental authorization and must lodge the application— |
[Words preceding section 27(2)(a) substituted by section 23(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
(a) at the office of the Regional Manager in whose region the land is situated;
| (c) |
together with the prescribed non-refundable application fee. |
| (3) |
The Regional Manager must accept an application for a mining permit if— |
| (a) |
the requirements contemplated in subsection (2) are met; |
| (c) |
the granting of a permit will not result in the applicant being granted more than one mining permit on the same or adjacent land. |
[Section 27(3)(c) inserted by section 23(c) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (4) |
If the application does not comply with the requirements of this section, the Regional Manager must notify the applicant in writing within 14 days of the receipt of the application. |
[Section 27(4) substituted by section 23(d) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (5) |
If the Regional Manager accepts the application, the Regional Manager must within 14 days of the receipt of the application, notify the applicant in writing, to— |
| (a) |
consult in the prescribed manner with the landowner, lawful occupier and any interested and affected party and include the result of the consultation in the relevant environmental reports; and |
[Section 27(5) substituted by section 23(e) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (6) |
The Minister must, within 60 days of receipt of the application from the Regional Manager, issue a mining permit if— |
[Words preceding section 27(6)(a) substituted by section 23(f) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (a) |
the requirements contemplated in subsection (1) are satisfied; and |
| (b) |
the environmental authorization is issued; and |
[ Section 27(6) substituted by section 23(g) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (c) |
the applicant has the ability to comply with the relevant provisions of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996). |
[Section 27(6)(c) inserted by section 23(h) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (7) |
The holder of a mining permit— |
| (a) |
may enter the land to which such permit relates together with his or her employees, and may bring onto that land any plant, machinery or equipment and build, construct or lay down any surface or underground infrastructure which may be required for purposes of mining; |
| (b) |
subject to the National Water Act, 1998 (Act No. 36 of 1998), may use water from any natural spring, lake, river or stream situated on, or flowing through, such land or from any excavation previously made and used for prospecting or mining purposes, as the case may be, or sink a welt or borehole required for use relating to prospecting or mining, as the case may be, on such land; and |
| (c) |
in terms of any relevant law, must pay the State royalties; |
[Section 27(7)(c)substituted by section 23(j) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (d) |
may mine, for his or her own account on or under that mining area for the mineral for which such permit relates; and |
| (e) |
must submit the mining permit for recording at the Mineral and Petroleum Titles Registration Office within 60 days after the permit has been issued. |
[Section 27(7)(e) inserted by section 23(j) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (a) |
is valid for the period specified in the permit, which may not exceed a period of two years, and may be renewed for three periods each of which may not exceed one year; |
| (b) |
may not be transferred, ceded, let, sublet, alienated or disposed of, in any way whatsoever, but may be encumbered or mortgaged only for the purpose of funding or financing of the mining project in question with the Minister’s consent. |
Implementation of Geneva Conventions Act, 2012
