Electronic Communications and Transactions Act, 2002
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 4 : General and Miscellaneous Regulations76. Prospecting fees |
| (1) | The prospecting fees or exploration fees payable as contemplated in section (19)(2)(f) and section 82(2)(e) of the Act, shall be as follows: |
(a) A prospecting right or an exploration right granted in terms of section 17 or section 80 of the Act, on land other than offshore areas, the scheduled rates shall apply as categorized below:
|
CATEGORY |
A |
B |
|
Area in hectares |
0-1000 |
1001 and greater |
|
Year |
Fixed annual (R) |
Rate R/hectare |
|
1 |
1000,00 |
1,00 |
|
2 |
1100,00 |
1,50 |
|
3 |
1200,00 |
2,00 |
|
4 |
1300,00 |
2,50 |
|
5 |
1400,00 |
3,00 |
All hectares will be rounded to the nearest hectare; by rounding up if the fraction is 0,5 hectare or more, or otherwise by rounding down.
(b) The prospecting fees contemplated in subregulation (1)(a) will be revised annually.
(c) A renewal of a prospecting right or an exploration right granted in terms of section 18 or section 81 of the Act, the following scheduled rates apply as categorized below:
|
CATEGORY |
A |
B |
|
Area in hectares |
0-1000 |
1001 and greater |
|
Year |
Fixed annual (R) |
Rate R/hectare |
|
1 |
2800,00 |
5,00 |
|
2 |
2900,00 |
6,00 |
|
3 |
3000,00 |
7,00 |
| (i) | All hectares will be rounded to the nearest hectare; by rounding up if the fraction is 0,5 or more, or by otherwise rounding down. |
| (ii) | In the case of an exploration right renewed for more than one period of two years as provided for in section 81(4), the renewed exploration fees will escalate at R1,00 per annum for each subsequent renewal. |
| (d) | a prospecting right granted offshore in terms of section 17 of the Act, excluding diamond concessions, for any mineral other than petroleum, the prospecting fee will be R 100,00 per square kilometre for the first year and thereafter escalate at a rate of R 10,00 per square kilometre per annum for the period granted. |
| (e) | a renewal of a prospecting right granted offshore in terms of section 18 of the Act, the prospecting fee will be R 200,00 per square kilometre for the first year and thereafter escalate at a rate of R 20,00 per square kilometre per annum for the renewal period granted. |
| (f) | an exploration right granted in terms of section 80 of the Act offshore, the exploration fee will be R200 000 per annum per degree square (about 10 000 square km), pro-rated as appropriate but with a minimum of R50 000, increased annually by the increase in the Consumer Price Index (CPI) for metropolitan areas as published by the relevant state agency. |
| (g) | a renewal of an exploration right granted in terms of section 81 of the Act offshore, the exploration fee will be, for the first renewal, R225 000 per annum, for a second renewal period R250 000 per annum, and for a third renewal R275 000, per degree square in all cases pro-rated as appropriate but with minimums of R56 250, R 62 500 and R68 750 respectively, increased annually by the increase in the consumer Price Index (CPI) for metropolitan areas as published by the relevant state agency. |
| (h) | a prospecting right granted in terms of section 17 of the Act for the (a), (b), (c) and (d) diamond concession areas, specified below will be as follows for the first year and thereafter escalate at a rate of 10 percent (simple interest) per annum for the duration of the prospecting right granted: |
|
Concession area |
Total amount (Rand) |
|
(a) |
5000,00 |
|
(b) |
4000,00 |
|
(c) |
3000,00 |
|
(d) |
2000,00 |
| (i) | For a renewal of a prospecting right granted in terms of section 18 of the Act for the (a), (b), (c) and (d) diamond concession areas, the initial rates specified in subregulation (1)(h) will double respectively for year one of the renewal period and thereafter escalate at a rate of 10 percent (simple interest) per annum for the renewal period granted. |
| (2) | The prospecting fees or exploration fees must be paid by the holder of such right annually in advance and not later than 30 days from the commencement date of such right and thereafter not later than 30 days following the anniversary of each respective year of the prospecting right for the duration thereof. |
| (3) | If the prospecting fees or exploration fees referred to in subregulation (2) are not paid punctually on the due dates of payment, the holder shall be in mora debitoris and shall pay interest thereon at the rate prescribed in terms of section 80 of the Public Finance Management Act, 1999 (Act NO.1 of 1999) reckoned from the day following the last day allowed for payment up to and including the day of payment. |
| (4) | Upon the relinquishment of areas already prospected or explored, in respect of the applicable prospecting or exploration right, excluding a right granted over a diamond concession area, the prospecting or exploration fees payable may be reduced accordingly: Provided that— |
| (a) | written notification with details of the relinquishment is submitted by the holder of the prospecting or exploration right to the regional Manager or Designated Agency, whichever is applicable, at least 90 days before payment of the annual prospecting or exploration fees becomes due; and |
| (b) | the holder is not in mora debitoris due to late payments on any amount in respect of prospecting or exploration fees, or where any debt in respect of prospecting or exploration fees are outstanding. |
| (5) | Where advance payments have been made and the prospecting or exploration right is abandoned, suspended or cancelled before the lapsing of such right, no refunds of prospecting or exploration fees paid will be allowed. |
