[Words preceding section 47(1)(a) substituted by section 38(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (a) |
is conducting any reconnaissance, prospecting or mining operation in contravention of this Act; |
| (b) |
breaches any material term or condition of such right, permit or permission; |
| (c) |
is contravening any condition in the environmental authorisation; |
[Section 44(1)(c) substituted by section 38(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (d) |
has submitted inaccurate, false, fraudulent, incorrect or misleading information for the purposes of the application or in connection with any matter required to be submitted under this Act; or |
[Section 44(1)(d) substituted by section 38(c) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (e) |
has conducted the transactions mentioned in section 11(1) before obtaining the necessary prior written approval of the Minister. |
[Section 44(1)(e) inserted by section 38(d) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (2) |
Before acting under subsection (1), the Minister must— |
| (a) |
give written notice to the holder indicating the intention to suspend or cancel the right |
| (b) |
set out the reasons why he or she is considering suspending or canceling the right; |
| (c) |
afford the holder a reasonable opportunity to show why the right, permit or permission should not be suspended or cancelled; and |
| (d) |
notify the mortgagee, if any, of the prospecting right, mining right or mining permit concerned of his or her intention to suspend or cancel the right or permit. |
[Section 44(2)(d) substituted by section 38(e) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (3) |
The Minister must direct the holder to take specified measures to remedy any contravention, breach or failure. |
| (4) |
If the holder does not comply with the direction given under subsection (3), the Minister may act under subsection (1) against the holder after having— |
| (a) |
given the holder a reasonable opportunity to make representations; and |
| (b) |
considered any such representations. |
| (5) |
The Minister may by written notice to the holder lift a suspension if the holder— |
| (a) |
complies with a directive contemplated in subsection (3); or |
| (b) |
furnishes compelling reasons for the lifting of the suspension. |
Implementation of Geneva Conventions Act, 2012
