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Mining Titles Registration Act, 1967
Act 16 of 1967
- Published in Government Gazette 1670 on 1 March 1967
- Assented to on 18 February 1967
- Commenced on 1 October 1967
- [This is the version of this document from 1 May 2004.]
- [Please note that the research on this work is ongoing. Amendment, commencement and repeal information may be missing.]
- [Amended by Mining Titles Registration Amendment Act, 1980 (Act 60 of 1980) on 23 May 1980]
- [Amended by Mining Titles Registration Amendment Act, 1991 (Act 14 of 1991) on 3 April 1991]
- [Amended by Transfer of Powers and Duties of the State President Act, 1991 (Act 51 of 1991) on 29 April 1991]
- [Amended by Mining Titles Registration Amendment Act, 1991 (Act 14 of 1991) on 1 January 1992]
- [Amended by Minerals Act, 1991 (Act 50 of 1991) on 1 January 1992]
- [Amended by General Law Fourth Amendment Act, 1993 (Act 132 of 1993) on 1 December 1993]
- [Amended by Regional and Land Affairs Second General Amendment Act, 1993 (Act 170 of 1993) on 17 December 1993]
- [Amended by Mining Titles Registraion Amendment Act, 2003 (Act 24 of 2003) on 1 May 2004]
Chapter I
Introduction
1. Interpretation of terms
In this Act, unless the context otherwise indicates, any expression to which a meaning has been assigned, in the Mineral and Petroleum Resources Development Act, 2002, bears the meaning so assigned thereto, and—“bewaarplaats” [defintion of “bewaarplaats” deleted by section 1(b) of Act 24 of 2003]“certificate of bezitrecht” [definition of “certificate of bezitrecht” deleted by section 1(b) of Act 24 of 2003];“certificate of reservation of a trading site” [definition of “certificate of reservation of a trading site” deleted by section 1(b) of Act 24 of 2003]“conveyancer” means a person practising as such in the Republic;“court” means any court of the provincial or local division of the High Court having jurisdiction, or any judge of such court;“Department” means the Department of Minerals and Energy;[definition of “Department” inserted by section 1(c) of Act 24 of 2003]"diagram" means a document containing geometrical, numerical and verbal representations of a piece of land, line, feature or area forming the basis for registration of a real right and which has been signed by a person recognised under any law then in force as a land surveyor, or which has been approved, confirmed or certified by the office of the Surveyor-General, and includes a diagram or copy prepared in the office of the Surveyor-General which has been so approved, confirmed or certified;[definition of "diagram" inserted by section 1(c) of Act 24 of 2003]“Director-General” means the Director-General of the Department;[definition of “Director-General” inserted by section 1(c) of Act 24 of 2003]"exploration right" means a right granted in terms of section 80 of the Mineral and Petroleum Resources Development Act, 2002;[definition of "exploration right" inserted by section 1(c) of Act 24 of 2003]"government" includes the national government, and any provincial and local government;[definition of "government" inserted by section 1(c) of Act 24 of 2003]“holder” [definition of “holder” deleted by section 1(b) of Act 24 of 2003]“Master” means the Master, Deputy Master or Assistant Master of the High Court having jurisdiction in respect of that matter;[definition of “Master” substituted by section 1(d) of Act 24 of 2003]“Mineral and Petroleum Resources Development Act, 2002” means the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);[definition of “Mineral and Petroleum Resources Development Act, 2002” inserted by section 1(e) of Act 24 of 2003]“mineral title” means any deed or document registered in the Mineral and Petroleum Titles Registration Office evidencing the right to prospect, mine, possess, trade or deal granted or acquired under the Mineral and Petroleum Resources Development Act, 2002, or any other law;[definition of “mineral title” inserted by section 1(e) of Act 24 of 2003]“mining permit” means a permit granted in terms of section 27 of the Mineral and Petroleum Resources Development Act, 2002;[definition of “mining permit” inserted by section 1(e) of Act 24 of 2003]“mining right” means a right granted in terms of section 23 of the Mineral and Petroleum Resources Development Act, 2002;[definition of “mining right” inserted by section 1(e) of Act 24 of 2003]“Minister” means the Minister of Minerals and Energy;[definition of “Minister” inserted by section 1(e) of Act 24 of 2003]“mining title” [definition of “mining title” deleted by section 1(b) of Act 24 of 2003]“mortgage bond” or “bond” means a mortgage bond attested by the Director-General specially hypothecating any right granted or which remains in force in terms of the Mineral and Petroleum Resources Development Act, 2002;[definition of “mortgage bond” or “bond” substituted by section 1(f) of Act 24 of 2003]“nomination agreement” [definition of “nomination agreement” substituted by section 1 of Act 60 of 1980 and deleted by section 1(b) of Act 24 of 2003]“notarial deed” means a deed executed before and attested by a notary public, but does not include a document a signature to which is merely authenticated by a notary public or a copy of a document which has been certified as correct by a notary public;“notary public” means, in relation to any document executed in the Republic, a person practising as such in the Republic; and, in relation to any document executed outside the Republic, a person practising as such in the place where the document is executed;“permit to retain and treat residues” [definition of "permit to retain and treat residues" deleted by section 1(b) of Act 24 of 2003]“petroleum title” means any deed or document registered in the Mineral and Petroleum Titles Registration Office evidencing the right granted to explore or produce petroleum granted in terms of the Mineral and Petroleum Resources Development Act, 2002;[definition of “petroleum title” inserted by section 1(g) of Act 24 of 2003]“plan” means a prescribed sketch plan or locality plan defining the area for a right granted or issued for exploration, prospecting, reconnaissance, retention or a mining permit;[definition of “plan” inserted by section 1(g) of Act 24 of 2003]“prescribed” means prescribed by or under this Act;“production right” means a right granted in terms of section 84 of the Mineral and Petroleum Resources Development Act, 2002;[definition of “production right” inserted by section 1(h) of Act 24 of 2003]"prospecting right" means a right granted in terms of section 17 of the Mineral and Petroleum Resources Development Act, 2002;[definition of "prospecting right" inserted by section 1(h) of Act 24 of 2003]"reconnaissance permission" means permission granted in terms of section 14 of the Mineral and Petroleum Resources Development Act, 2002;[definition of "reconnaissance permission" inserted by section 1(h) of Act 24 of 2003]“reconnaissance permit” means a permit issued in terms of section 75 of the Mineral and Petroleum Resources Development Act, 2002;[definition of “reconnaissance permit” inserted by section 1(h) of Act 24 of 2003]“prospecting contract” [definition of “prospecting contract” deleted by section 1(b) of Act 24 of 2003]“registrar” [definition of “registrar” deleted by section 1 of Act 14 of 1991]“registry duplicate” means the counterpart or copy of a certificate, deed or document consisting of more than one copy which is filed or intended to be filed of record in the Mining Titles Office;“regulation” means a regulation in force under this Act;“retention permit” means a permit issued in terms of section 32 of the Mineral and Petroleum Resources Development Act, 2002;[definition of “retention permit” inserted by section 1(i) of Act 24 of 2003]“right” means any right held by or under any deed and registered or capable of being registered in terms of the Mineral and Petroleum Resources Development Act, 2002;[definition of “right” substituted by section 1(j) of Act 24 of 2003]“stand title” [definition of “stand title” deleted by section 1(b) of Act 24 of 2003]“surface right permit” [definition of “surface right permit” deleted by section 1(b) of Act 24 of 2003]“technical co-operation permit” means a permit issued in terms of section 77 of the Mineral and Petroleum Resources Development Act, 2002;[definition of “technical co-operation permit” inserted by section 1(k) of Act 24 of 2003]“this Act” includes the regulations;“tributiug agreement” [definition of “tributiug agreement” deleted by section 1(b) of Act 24 of 2003]“water right” [definition of “water right” deleted by section 1(b) of Act 24 of 2003][section 1 amended by section 1(a) of Act 24 of 2003]Chapter II
Administration
2. Mineral and Petroleum Titles Registration Office
3. Appointments
4. Seal of office
The Director-General shall have a seal of office which shall be affixed to all deeds or documents executed, attested or registered by him or her, and to all copies of deeds or documents issued by him or her to serve in lieu of the original deeds or documents.[section 4 substituted by section 4 of Act 24 of 2003]5. Duties of Director-General
6. Powers of Director-General
7. Registered deeds not to be cancelled except upon an order of court
8. Inspection of records and supply of information
9. ***
[section 9 amended by section 4 of Act 14 of 1991 and by section 9 of Act 51 of 1991 and repealed by section 9 of Act 24 of 2003]10. Regulations
Chapter III
Registration: General provisions
11. Registers
The Director-General shall prepare, open and keep such registers as may be necessary to enable him or her to carry out the provisions of this Act.[section 11 substituted by section 11 of Act 24 of 2003]12. Continuation of existing registers during the transitional period
The Director-General shall continue during the transitional period referred to in Schedule II to the Mineral and Petroleum Resources Development Act, 2002, to keep the corresponding register in use in the Mineral and Petroleum Titles Registration Office immediately prior to the commencement of this Act and to continue to make the necessary entries therein.[section 12 substituted by section 12 of Act 24 of 2003]12A. Lodgement
13. When registration takes place
14. Deeds to follow sequence of their relative causes
15. Preparation of deeds
15A. Proof of facts in connection with transactions in Mineral and Petroleum Titles Registration Office
16. Registration of rights in name of holder
16A. Execution of deeds by prospective holders of rights
If any deed or document required to be executed by the holder of any right has been executed by a person who has become entitled to receive transfer or cession of such right, such deed or document shall, upon such person receiving transfer or cession of the right, for the purposes of this Act be deemed to have been executed by the holder of such right.[section 16A inserted by section 19 of Act 24 of 2003]Chapter IV
Registration of deeds of transfer and of cession
17. Preparation and execution of deeds of transfer, cessions and mortgage bonds
Deeds of transfer, mortgage bonds and cession of mortgage bonds shall be prepared in the form prescribed by law and shall be executed in the presence of the Director-General by a conveyancer authorized by power of attorney to act on behalf of the holder of the right described therein, and shall be attested by the Director-General.[section 17 substituted by section 20 of Act 24 of 2003]18. ***
[section 18 repealed by section 21 of Act 24 of 2003]19. Transfer or cession of two or more rights by one deed
20. Special provisions relating to transfer or cession of undivided shares
21. ***
[section 21 repealed by section 24 of Act 24 of 2003]22. ***
[section 22 repealed by section 24 of Act 24 of 2003]Chapter V
Substituted title deeds
23. ***
[section 23 repealed by section 24 of Act 24 of 2003]24. Certificate of registered title of one or more rights held under one title deed and of undivided shares
25. ***
[section 25 repealed by section 24 of Act 24 of 2003]26. ***
[section 26 repealed by section 24 of Act 24 of 2003]27. ****
[section 27 repealed by section 24 of Act 24 of 2003]Chapter VI
Change of title by endorsement
28. ***
[section 28 amended by section 7 of Act 14 of 1991 and repealed by section 24 of Act 24 of 2003]29. ***
[section 29 substituted by section 8 of Act 14 of 1991 and repealed by section 24 of Act 24 of 2003]30. ***
[section 30 substituted by section 19 of Act 132 of 1993 and repealed by section 24 of Act 24 of 2003]Chapter VII
Bonds: General provisions
31. Execution of bonds
32. Requirements in case of bonds intended to secure future debts
33. Cession of bond to secure future advances
A cession of a bond passed to secure future advances may be registered, and the registration of such a cession shall not affect the provisions of the bond relating to future advances up to the amount stated in the bond or the amount as reduced.34. Exclusion of general clause in mortgage bonds
The Director-General shall not attest and register any mortgage bond which contains a clause purporting to bind generally all the immovable or movable property or registered rights of the debtor or both such immovable or movable property and such rights.[section 34 substituted by section 27 of Act 24 of 2003]35. Requirements in case of bonds passed by or in favour of two or more persons
36. No bond to be passed in favour of an agent
No bond shall be passed in favour of any person as the agent of a principal.Chapter VIII
Rights of mortgagees
37. Transfer or cession of mortgaged rights
38. Substitution of debtor in respect of a bond
39. Return by master in connection with insolvent estates and further provisions relative to insolvent estates
40. Endorsement on bond after sale in execution
Whenever any mortgaged rights have been sold in execution of a judgment of a competent court, or under express authority contained in a special law, to satisfy any debt due in respect of a registered bond or otherwise, and the proceeds of the sale have been paid to the legal holder of the bond, the sheriff concerned or the person acting under the authority of such special law shall notify the Director-General of how much of the capital sum due in terms of the bond has been paid, and shall transmit the bond to the Director-General, who shall write off the amount paid in the appropriate registers and deeds.[section 40 substituted by section 32 of Act 24 of 2003]Chapter IX
Servitudes, contracts, tributing agreements and leases
41. Registration of servitudes and contracts
42. Restriction of registration of personal servitudes
43. Registration of lapse of personal servitude
44. Transfer, cession and mortgage of rights with personal servitude thereon
45. ***
[section 45 repealed by section 37 of Act 24 of 2003]46. Registration of leases and sub-leases
47. Termination of registered lease
Chapter X
Miscellaneous
48. ***
[section 48 substituted by section 3 of Act 60 of 1980 and repealed by section 40 of Act 24 of 2003]49. ***
[section 49 repealed by section 40 of Act 24 of 2003]50. ***
[section 50 repealed by section 40 of Act 24 of 2003]51. ***
[section 51 repealed by section 40 of Act 24 of 2003]52. ***
[section 52 repealed by section 40 of Act 24 of 2003]53. ***
[section 53 repealed by section 40 of Act 24 of 2003]54. ***
[section 54 repealed by section 40 of Act 24 of 2003]55. ***
[section 55 repealed by section 40 of Act 24 of 2003]56. ***
[section 56 repealed by section 40 of Act 24 of 2003]57. Transfer and cession not to be passed as security
No transfer or cession of any right (except a mortgage bond) made as security for a debt or other obligation shall be attested by the Director-General or registered or recorded in the Mineral and Petroleum Titles Registration Office.[section 57 substituted by section 41 of Act 24 of 2003]58. Taxes and transfer duty to be paid before transfer or cession
59. Registration of change of name
60. ***
[section 60 repealed by section 21 of Act 132 of 1993]61. Attestation of powers of attorney and other documents in the Republic
62. ***
[section 62 repealed by section 45 of Act 24 of 2003]63. Notice to Director-General of application to court
64. Substitute copy of lost deed supersedes original which must be surrendered on recovery
65. Exemption from liability for acts or omissions in the Mineral and Petroleum Titles Registration Office
No act or omission of the Director-General or of any officer employed in the Mineral and Petroleum Titles Registration Office shall render the Government or the Director-General or such officer liable for damages suffered by any person in consequence of such act or omission: Provided that if such act or omission is mala fide or if the Director-General or such officer has not exercised reasonable care and diligence in carrying out his or her duties in connection with the matter in relation to which such act or omission occurred, the Government shall be liable for the damages, and in that event any amount paid by the Government shall be recoverable from the Director-General or such officer.[section 65 substituted by section 48 of Act 24 of 2003]66. Formal defects
No act or omission in connection with any registration in the Mineral and Petroleum Titles Registration Office shall be invalidated by any formal defect, whether such defect occurs in any deed passed or registered or in any document upon the authority of which any such deed has been passed or registered or which is required: to be produced in connection with the passing or registration of such deed, unless a substantial injustice has by such act or omission been done, which in the opinion of the court cannot be remedied by any order of court.[section 66 substituted by section 49 of Act 24 of 2003]67. ***
[section 67 repealed by section 50 of Act 24 of 2003]67A. Registration of OP26 rights and converted old order rights
All OP26 rights and old order rights converted in terms of the relevant provisions of Schedule II to the Mineral and Petroleum Resources Development Act, 2002, shall be lodged by the holder for simultaneous registration and de-registration at the Mineral and Petroleum Titles Registration Office, or the Deeds Office, as the case may be, within 90 days of the conversion thereof.[section 67A inserted by section 51 of Act 24 of 2003]68. Short title and commencement
This Act shall be called the Mining Titles Registration Act, 1967, and shall come into operation on the date of commencement of the Mining Rights Act, 1967.History of this document
01 May 2004 this version
17 December 1993
01 December 1993
01 January 1992
Amended by
Minerals Act, 1991
Read this version
29 April 1991
03 April 1991
23 May 1980
01 October 1967
Commenced
01 March 1967
Published in Government Gazette 1670
Read this version
18 February 1967
Assented to
Cited documents 5
Act 5
1. | Deeds Registries Act, 1937 | 2903 citations |
2. | Promotion of Access to Information Act, 2000 | 1668 citations |
3. | Matrimonial Property Act, 1984 | 1194 citations |
4. | Mineral and Petroleum Resources Development Act, 2002 | 652 citations |
5. | Matrimonial Affairs Act, 1953 | 48 citations |
Documents citing this one 113
Gazette 96
Judgment 13
Act 3
1. | Mineral and Petroleum Resources Development Act, 2002 | 652 citations |
2. | Minerals Act, 1991 | 295 citations |
3. | Limpopo Environmental Management Act, 2003 |
By-law 1
1. | Rates By-law, 2018 |