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Precious Metals Act, 2005 (Act No. 37 of 2005)

1. Definitions

 

 

In this Act, unless the context indicates otherwise—

 

"authorised dealer"

means a person authorised by the National Treasury to deal in gold;

 

"jeweller’s permit"

means a permit contemplated in section 9(1);

 

"Minister"

means the Minister of Minerals and Energy;

 

"minted bar"

means a minted bar contemplated in section 23(1)(e);

 

"National Commissioner"

means the National Commissioner of the South African Police Service or any person designated by that Commissioner;

 

"precious metal"

means—

(a) the metal gold, any metal of the platinum group and the ores of such metals; and
(b) any other metal that the Minister has declared by notice in the Gazette to be a precious metal for the purposes of this Act, and the ores of any such metal;

 

"precious metal beneficiation licence"

means a licence contemplated in section 8(1);

 

"prescribed"

means prescribed by regulation made in terms of section 23;

 

"producer"

means any person who holds a permit or right to prospect for or mine precious metals in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);

 

"refined precious metal"

means precious metal that has been refined to or beyond 99,9% purity;

 

"refining licence"

means a licence contemplated in section 7(1);

 

"Regulator"

means the South African Diamond and Precious Metals Regulator established by section 3(1) of the Diamonds Act, 1986 (Act No. 56 of 1986);

 

"semi-fabricated precious metal"

means refined precious metal that is in the form of sheet, tube, wire, granule, plate, strip, rod, or sponge (including carat gold alloys as prescribed), or such other refined precious metal as may be prescribed;

 

"this Act"

includes any regulation made in terms of section 23;

 

"unwrought precious metal"

means-

(a) precious metal that—
(i) is unrefined (including concentrate and matte), or has been refined to a purity less than 99,9% and has not undergone any manufacturing process other than being refined or formed into a bar (but not a minted bar), an ingot, a button, plate, sponge, powder, granules, (excluding granules made from precious metal that has been refined to or beyond 99,9% purity, and carat gold alloys), solution; or
(ii) is prescribed as any substance, material or product of similar form to any such substance, material or product listed in paragraph (a)(i); or
(b) any article or substance containing or consisting of precious metal contemplated in paragraph (a),

but does not include any article that is of archaeological interest or that has been processed or manufactured for one or more specific industrial, professional or artistic uses.