INTENDED RESTRICTION ON GRANTING OF NEW APPLICATIONS FOR PROSPECTING AND MINING RIGHTS
Title: Notice of the proposed restriction on the granting of new prospecting rights and mining rights and the processing of applications for renewal of existing rights in terms of the MPRDA
Government Gazette Notice: GN 692 in GG 40989 of 19 July 2017
Commencing Date: Not yet specified
The Minister of Mineral Resources published a notice of intention to restrict the following:
• granting of any new applications for prospecting- and mining rights in terms of section 16 and 22 of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA);
• the processing of applications for renewal of any existing prospecting and mining rights; and
• the granting of section 11 applications for transfer of prospecting and mining rights (or interests in any such right) in terms of the MPRDA.
The proposed restriction shall be applicable to all regions of South Africa (i.e. all provinces).
The proposed restriction shall not be applicable to applications received and accepted before the date of publication of the notice, subject to the condition that such applications, if granted, shall not immediately upon granting subject the holder to the requirements of the Mining Charter, 2017.
Representations or comments must be submitted, in writing, to the Deputy Director-General by no later than 4 August 2017.
So what for my operation?
The restriction will be applicable to applications submitted but not yet accepted before final publication of notice. Therefore, none of these applications will be processed. However, the restriction will not be applicable to applications submitted and accepted before final publication of notice. Therefore, these applications will be processed as long as, when these applications are eventually granted, the holder will not be subject to the requirements of the Mining Charter, 2017.