Minerals Amendment Act 103 of 1993

The Minerals Amendment Act 103 of 1993 intends:

• to amend the Minerals Act, 1991 [repealed in 2004], so as
• to insert certain definitions and to replace or delete others;
• to further regulate the responsibility for the administration of the said Act;
• to provide for the furnishing of certain particulars about the ability of an applicant for a prospecting permit to rehabilitate surface disturbances that may be caused by his intended prospecting operations;
• to further regulate the period within which the holder of a prospecting permit may apply for a renewal thereof;
• to empower the regional director to suspend mining operations pending rectifying steps to be taken in respect of rehabilitation measures or the suspension or cancellation of a permit, permission or authorization by the Minister;
• to provide for the granting of consent for the removal of minerals found in the course of prospecting operations on land in respect of which the holder of the mineral right or an undivided share therein cannot be readily traced or where any person entitled to such right or undivided share therein by virtue of intestate succession or any testamentary disposition has not obtained cession thereof and a period of not less than two years has expired from the date on which he became so entitled;
• to provide for the investigation of geological formations by the State;
• to provide that certain approval for the division of the right to any mineral or minerals or an increase in the number of holders of undivided shares in such right shall only be required if the right concerned has been severed from the ownership of the land concerned or is about to be so severed by the registration of a deed;
• to extend certain powers of the regional mining engineer in relation to safety and health to any officer authorized thereto by the Director-General;
• to further regulate the enquiring into the cause of accidents at mines and works;
• to further regulate the appointment of a manager at a mine or works;
• to subject the use of prescribed equipment to the issue of a permit and the requirements and conditions set or determined by the regional director and the regional mining engineer;
• to provide for adequate provision being made for the rehabilitation of a mining area within a certain period before mining operations are ceased;
• to empower the regional director to grant certain exemption or temporary authorization or to approve or effect amendments to environmental management programmes;
• to provide for consultation with each department charged with the administration of any law which relates to a matter affecting the environment before a decision regarding such a matter is taken;
• to provide that the Director-General may in certain circumstances require an environmental impact assessment;
• to provide that the registrar of deeds shall make a certain endorsement on a title deed under certain circumstances;
• to insert a transitional provision in relation to the granting of a mining lease for natural oil;
• to provide for the collection and payment by the Mining Commissioner of certain moneys to the owner of land comprising an alluvial digging or proclaimed land in so far as the continuation of mining rights is concerned;
• to provide in the transitional provisions for cases where the State is the holder of an undivided share in the right to a mineral in relation to prospecting and digging agreements;
• to authorize the Director-General to authorize officers of the Department to enter upon land to perform certain functions for the purposes of the said Act;
• to criminalize certain conduct;
• to authorize any Minister who may exercise any power under the said Act to delegate that power; and
• to further empower the Minister to make regulations;
• to repeal certain obsolete laws; and
• to provide for matters in connection therewith.

Commencement

1 September 1993 (Gazette 15064 of 20 August 1993)