Comment
Author: Admin | 2025-04-28
Such reservation, permission or rightin the Mineral and Petroleum Titles Registration Office within six yearsfrom thedate on which this Act took effect and if such holder, user or occupier failsto register such reservation, permissionor right, the reservation, permissionor right shall cease to exist.[Sch II item 9(2) subsby s 85 of Act 49 of 2008 and deemed to have come into operation on 1 May2004.](3) Anyreservation, permission or right to use the surface of land contemplated insubitem (1) which could have been ceded,transferred, let, sublet, subdivided,amended or mortgaged, wholly or in part, immediately before this Act tookeffect may be ceded,transferred, let, sublet, subdivided, amended ormortgaged, wholly or in part, in terms of this Act, but the holder must lodgeit at the Mining Titles Office within 90 days for the registration of suchcession, transfer, letting, subletting, tributing, subdivision,amendment ormortgage.(4) The ownerof the land or any other person contemplated in section 48(2)(a) of theMinerals Act who was receiving compensationin terms of that sectionimmediately before this Act took effect, or such owner’s or person’s successorsin title, are entitledto continue receiving such compensation.(5) (a) The holder of a reservation,permission or right contemplated in subitem (1) may abandon such reservation, permission or right, wholly or in part, by written notice to therelevant Regional Manager.(b) The reservation, permission orright contemplated in paragraph (a), or such part thereof as may have beenabandoned, must thereuponbe regarded as having lapsed with effect from thedate of such notice.(6) TheDirector-General may cancel any reservation, permission or right if the holderthereof fails to comply with anyterm or condition of such right, reservationor permission, in which case section 47 applies with the necessary changes.(7) Any leaseof the State’s interest in a mine in terms of section 74 of the Precious StonesAct, 1964 (Act 73 of 1964),which was in force immediately before this Act tookeffect in terms of section 47(1)(a)(iii) of the Minerals Act continues in forcesubject to the terms and conditions contained in the document under which itwas granted or entered into.10. Continuationof approved environmental management programme(1) Anyenvironmental management programme approved in terms of section 39(1) of theMinerals Act and in force immediatelybefore this Act took effect and any stepstaken in respect of the relevant performance assessment and duty to monitorconnectedwith that environmental management programme continues to remain inforce when this Act comes into effect. (2) Subitem (1)does not prevent the Minister from directing the amendment of an environmentalmanagement programme in orderto bring it into line with the requirements ofthis Act.(3) Any personexempted in terms of section 39(2)(a) of the Minerals Act before this Act tookeffect and whose exemptiondoes not otherwise remain in force in terms of thisAct must apply for an exemption in terms of this Act within one year from thedate on
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