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Mining Titles Registration Act, 1967 (Act No. 16 of 1967)

Regulations

Mining Titles and Registration Regulations, 2004

Chapter VI : Copies of Deeds, Plans, Diagrams and other Documents

 

57. Copies of deeds, plans or other documents required for information only shall be issued by the Director-General on written application by any person and the words "Issued for information only" stamped on every page of such copies.

 

58. Copies of deeds required for judicial purposes only shall be issued on written application by any officer of the Court, and the words "Issued for judicial purposes only" stamped on every page of such copies.

 

59. Where copies are issued for official purposes to any State Department, every page of such copies shall be stamped "Issued for official purposes only".

 

60.
(a) Where a deed, plan or other document has been lost or destroyed, the registered holder of the right, permit or permission concerned or his or her lawful representative may submit written application to the Director-General for a copy of such deed, plan or other document. Such an application shall be accompanied by an affidavit or solemn declaration by the registered holder setting forth—
(i) the number and registration date of the lost deed, plan or document;
(ii) that it is not pledged, detained or held as security for any debt or otherwise;
(iii) that it has been lost or destroyed and that notwithstanding diligent search, it cannot be found;
(iv) the circumstances, if possible, under which it was lost or destroyed; and
(v) any other evidence, as the Director-General may call for, to establish beyond doubt that such deed has been lost or destroyed.
(b) The Director-General may issue the certified copy as required which copy shall not be issued until the Director-General has searched his or her registers and is satisfied that all endorsements regarding transactions, if any, registered therein, appear on the copy to be issued.
(c) If a certified copy of any deed issued in lieu of a lost or destroyed deed is itself lost or destroyed, the Director-General may, subject to fulfilment mutatis mutandis of the conditions prescribed in this regulation, issue a further copy to serve in the place of the original.
(d) If any deed or certified copy of a deed issued to replace the original has become unserviceable, the Director-General may require a certified or further certified copy of the original to be applied for by the registered holder thereof or his or her lawful representative. The deed, which has become so unserviceable, shall be lodged together with the application.

 

61. The provisions of these Chapter shall apply mutatis mutandis to any deed made in favour of the President or of the Republic of South Africa and the application and solemn declaration may be made by the Minister of the Department charged with the custody of such deeds, plans or other documents or any officer of such Department authorized by him or her.

 

62. Where the Director-General is satisfied that any deed, plan or document has been lost, destroyed, or rendered unserviceable in his or her office or while it was held by any State Department, he or she may issue a copy thereof gratis upon application and affidavit by the holder.

 

63. The Director-General shall not issue a copy or copies of a lost or destroyed copy of a diagram to replace the original. Such copy shall only be issued by the office of the Surveyor-General.