| (1) |
A prospecting right, mining right, exploration right or production right granted in terms of this Act and registered in terms of the Mining Titles Registration Act, 1967, (Act No. 16 of 1967), is a limited real right in respect of the mineral or petroleum and the land to which such right relates. |
[Section 5(1) substituted by section 4(a) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (2) |
The holder of a prospecting right, mining right, exploration right or production right is entitled to the rights referred to in this section and such other rights as may be granted to, acquired by or conferred upon such holder under this Act or any other law. |
| (3) |
Subject to this Act, any holder of a prospecting right, a mining right, exploration right or production right may— |
| (a) |
enter the land to which such right relates together with his or her employees, and bring onto that land any plant, machinery or equipment and build, construct or lay down any surface, underground or under sea infrastructure which may be required for the purpose of prospecting, mining, exploration or production, as the case may be; |
[Section 5(3)(a) substituted by section 4(b) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (b) |
prospect, mine, explore or produce, as the case may be, for his or her own account on or under that land for the mineral or petroleum for which such right has been granted; |
| (c) |
remove and dispose of any such mineral found during the course of prospecting, mining, exploration or production, as the case may be; |
| (cA) |
subject to section 59B of the Diamonds Act, 1986 (Act No. 56 of 1986), (in the case of diamond) remove and dispose of any diamond found during the course of mining operations; |
[Section 5(3)(cA) inserted by section 4(c) of the Mineral and Petroleum Resources Development Amendment Act, 2008]
| (d) |
subject to the National Water Act, 1998 (Act No. 36 of 1998), 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, mining, exploration or production purposes, or sink a well or borehole required for use relating to prospecting, mining, exploration or production on such land; and |
| (e) |
carry out any other activity incidental to prospecting, mining, exploration or production operations, which activity does not contravene the provisions of this Act. |
| (4) |
[Section 5(4) deleted by section 4(d) of the Mineral and Petroleum Resources Development Amendment Act, No. 49 of 2008] |
Implementation of Geneva Conventions Act, 2012
