Protection of Businesses Act, 1978
R 385
Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)RegulationsAmendment Regulations to the Mineral and Petroleum Resources Development Regulations, 2020Chapter 2 : Mineral and Petroleum, Social and Environmental RegulationsPart 1 : Mineral and Petroleum Regulation10. Application for mining right |
| (1) | An application for a mining right in terms of section 22(1) of the Act must be completed in the form of Form D contained in Annexure 1 and must contain— |
| (a) | the full particulars of the applicant; |
| (b) | in the case of a company or closed corporation, documentary proof that the applicant has obtained the necessary authority to make the application in a representative capacity on behalf of the company or closed corporation, as the case may be; |
| (c) | a plan contemplated in regulation 2(2) showing the land and mining area to which the application relates; |
| (d) | the mineral or minerals for which the right is required; |
| (e) | the period for which the right is required; |
| (f) | a mining work programme contemplated in regulation 11; |
| (g) | a social and labour plan contemplated in regulation 46; |
| (h) | detailed documentary proof of the applicant's technical ability or access thereto to conduct the mining activities and to mitigate and rehabilitate relevant environmental impacts; |
| (i) | documentary proof that the applicant has the ability to comply with relevant provisions of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996); |
| (j) | a description of how the applicant's technical ability will be provided by making use of in-house expertise, contractors and consultants on the proposed mining operation; |
| (k) | budget and documentary proof of the applicant's financial ability or access thereto, which may include but is not limited to the following: |
| (i) | Loan agreements entered into for the proposed mining operation; |
| (ii) | a resolution by a company to provide for the finances required for the proposed mining operation; and |
| (iii) | any other mechanism or scheme providing for the necessary finances for the proposed mining operation. |
| (l) | a list of existing rights or a list of existing rights and permits, as the case may be held by the applicant, to be compiled in a table format that indicates the region and location with regard to the land name and the existing right or permit number for each mineral within the Republic; and |
| (m) | a certified copy or copies of the title deed or deeds, where applicable, in respect of the land to which the application relates; and |
| (n) | any other specific and additional information, data or documentation that the Minister may request in connection with the information submitted under paragraphs (a) to (m). |
| (2) | The application for a mining right must be lodged together with the application fee specified in regulation 75(1)(c). |
