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

Regulations

Amendment Regulations to the Mineral and Petroleum Resources Development Regulations, 2020

Chapter 2 : Mineral and Petroleum, Social and Environmental Regulations

Part 1 : Mineral and Petroleum Regulation

34. Application for production right

 

(1) An application for a production right in terms of section 83 of the Act must be completed in the form of Form N contained in Annexure I, and must be lodged at the office of the designated agency.

 

(2) The application contemplated in subregulation (1) must include—
(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, area or offshore area to which the application relates;
(d) remove and dispose of during production operations;
(e) a clear statement of the technical motivation;
(f) the period for which the right is required;
(g) a registered description of the land to which the application relates;
(h) a production work programme contemplated in regulation 36;
(i) certified copy or copies of the title deed or deeds, where applicable, in respect of the land to which the application relates;
(j) a social and labour plan contemplated in regulation 46;
(k) documentary evidence to prove that—
(i) the applicant has the financial ability or access thereto and has the technical ability or access thereto to conduct the proposed production operation optimally , which must be supported by a report from an independent assessor approved by the designated agency;
(ii) the applicant has the ability to comply with the relevant provisions of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996);
(iii) the granting of such right will further the object referred to in section 2(d) and (f) of the Act;
(l) a list of existing rights and or permits held by the applicant to be compiled in a table format that indicates the region and location with regard to the land and the existing right or permit number for mineral or minerals; and
(m) any other information, data or documentation that the designated agency or the Minister may require in connection with information required under paragraphs (a) to (I).

 

(3) An application for a production right must be lodged together with the application fee specified in regulation 75(2)(d).