Stamp Duties Act, 1968 (Act 77 of 1968)
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 Regulation5. Application for prospecting right |
| (1) | An application for a prospecting right in terms of section 16 of the Act must be completed in the form of Form B contained in Annexure I, 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) | the plan, contemplated in regulation 2(2) to which the application relates; |
| (d) | the registered description of the land to which the application relates, specifying the farm name and subdivision; |
| (e) | an indication of the mineral or minerals for which the prospecting right is required; |
| (f) | the period for which the prospecting right is required; |
| (g) | a prospecting work programme contemplated in regulation 7 including estimated annual expenditure for each phase of the prospecting operations; |
| (h) | documentary proof of the applicant's technical ability or access thereto to— |
| (i) | conduct the proposed prospecting operation in accordance with the prospecting work programme; and |
| (ii) | to mitigate, manage and rehabilitate relevant environmental impacts; |
| (iii) | comply with relevant provisions of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996); |
| (i) | 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 prospecting operation; |
| (j) | a 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 prospecting operation; |
| (ii) | a resolution by a company to provide for the finances required for the proposed prospecting operation; and |
| (iii) | any other mechanism or scheme providing for the necessary finances for the proposed prospecting operation; |
| (k) | a list of existing rights and permits held by the applicant compiled in table format which indicates the region, the location with regard to the land name and the existing right or permit number for each mineral; |
| (l) | certified copy or copies of the title deed or deeds, where applicable, in respect of the land to which the application relates; and |
| (m) | any other specific or additional information, data or documentation which the Minister may request in connection with the information submitted in terms of paragraphs (a) to (I). |
| (2) | The application must be lodged together with the application fee specified in regulation 75(1)(b). |
