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

Chapter 4 : Mineral and Environmental Regulation

48. Restriction or prohibition of prospecting and mining on certain land

 

(1) Subject to section 48 of the National Environmental Management: Protected Areas Act 2003 (Act No. 57 of 2003), and subsection (2), no reconnaissance permission, prospecting right, mining right may be granted or mining permit be issued in respect of—

[Words preceding section 48(1)(a) substituted by section 39 of the Mineral and Petroleum Resources Development Amendment Act, 2008]

(a) land comprising a residential area;
(b) any public road, railway or cemetery;
(c) any land being used for public or government purposes or reserved in terms of any other law; or
(d) areas identified by the Minister by notice in the Gazette in terms of section 49.

 

(2) A reconnaissance permission, prospecting right, mining right or mining permit may be issued in respect of the land contemplated in subsection (1) if the Minister is satisfied that—
(a) having regard to the sustainable development of the mineral resources involved and the national interest, it is desirable to issue it;
(b) the reconnaissance, prospecting or mining will take place within the framework of national environmental management policies, norms and standards; and
(c) the granting of such rights or permits will not detrimentally affect the interests of any holder of a prospecting right or mining right.

 

 


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