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South Africa
Minerals Act, 1991
Act 50 of 1991
- Published in Government Gazette 13253 on 22 May 1991
- Assented to on 15 May 1991
- Commenced on 1 January 1992 by Minerals Act, 1991: Commencement
- [This is the version of this document from 15 January 1997.]
- [Amended by Minerals Amendment Act, 1993 (Act 103 of 1993) on 1 January 1992]
- [Amended by Minerals Amendment Act, 1993 (Act 103 of 1993) on 1 September 1993]
- [Amended by Mine Health and Safety Act, 1996 (Act 29 of 1996) on 15 January 1997]
Chapter I
Introduction
1. Definitions
In this Act, unless the context otherwise indicates—“boiler” [definition of “boiler” deleted by section 1(a) of Act 103 of 1993]“certificated” [definition of “certificated” deleted by section 99 of Act 29 of 1996]“chair lift” [definition of “chair lift” deleted by section 1(a) of Act 103 of 1993]“Chief Inspector” means the Chief Inspector appointed in terms of section 48 of the Mine Health and Safety Act, 1996;[definition of “Chief Inspector” inserted by section 99 of Act 29 of 1996]“Department” means the Department of Mineral and Energy Affairs;“department” means a department referred to in section 6 of the Public Service Act, 1984 (Act No. 111 of 1984);[definition of “department” inserted by section 1(b) of Act 103 of 1993]“Director-General” means the Director-General: Mineral and Energy Affairs;“Director: Mineral Development” means any officer appointed in terms of section 4;[definition of “Director: Mineral Development” inserted by section 99 of Act 29 of 1996]“elevator” [definition of “elevator” deleted by section 1(a) of Act 103 of 1993]“employee” means any person employed or working at a mine or works, including an independent contractor;“engine” [definition of “engine” deleted by section 99 of Act 29 of 1996]“holder” means, in relation to—(a)the right to a mineral in respect of land or any undivided share therein, the owner of such land: Provided that—(i)if the right to such mineral or an undivided share therein has been severed from the ownership of the land concerned, the person in whose name such right or an undivided share therein is registered in the deeds office concerned, either by means of a separate deed or by means of a reservation in the title deed of the land concerned; or(ii)if the right to such mineral or an undivided share therein vests in any other manner in a person, that person,shall be the holder;(b)the right to a mineral which occurs in or on tailings, the person who is the holder of the mining right (in respect of the land) from which such tailings have been produced: Provided that if such mining right has lapsed or did not exist or if such tailings of such mining right has been so alienated that the ownership thereof vests in different persons—(i)the person who at common law has a claim to such tailings; or(ii)if no such person as referred to in subparagraph (i) exists, or if he is unknown or cannot be readily traced, the owner of the land on which the tailings dump is situated,shall be the first-mentioned holder; and(c)any permit, licence, permission, certificate; authorization or any other document issued, granted or in force in terms of this Act, the person in whose name it has been issued, granted or is in force;“investigating officer” [definition of “investigating officer” deleted by section 99 of Act 29 of 1996]“machinery” [definition of “machinery” deleted by section 99 of Act 29 of 1996]“manager” [definition of “manager” deleted by section 99 of Act 29 of 1996]“mine” means, when—(a)used as a noun—(i)any excavation in the earth, including the portion under the sea or under other water or in any tailings, as well as any borehole, whether being worked or not, made for the purpose of searching for or winning a mineral; or(ii)any other place where a mineral deposit is being exploited, including the mining area and all buildings, structures, machinery, mine dumps, access roads or objects situated on such area and which are used or intended to be used in connection with such searching, winning or exploitation or for the processing of such mineral: Provided that if two or more such excavations, boreholes or places, or excavations, boreholes and places, are being worked in conjunction with one another, they shall be deemed to comprise one mine unless the Director: Mineral Development notifies the owner thereof in writing that such excavations, boreholes or places, or excavations, boreholes and places, comprise two or more mines; and(b)used as a verb, the making of any excavation or borehole referred to in paragraph (a)(i) or the exploitation of any mineral deposit in any other manner, for the purpose of winning a mineral, including any prospecting in connection with the winning of such mineral;“mineral” means any substance, whether in solid, liquid or gaseous form, occurring naturally in or on the earth, in or under water or in tailings and having been formed by or subjected to a geological process, excluding water, but including sand, stone, rock, gravel and clay, as well as soil, other than topsoil;“mine safety committee” [definition of “mine safety committee” deleted by section 99 of Act 29 of 1996]“mining area” means the area comprising the subject of any prospecting permit or mining authorization, including—(a)any adjacent surface of land;(b)any non-adjacent surface of land, if it is connected to such area by means of any road, railway line, power line, pipe line, cableway or conveyor belt; and(c)any surface of land on which such road, railway line, power line, pipe line, cableway or conveyor belt is located,under the control of the holder of such permit or authorization and which he is entitled to use in connection with the operations performed or to be performed under such permit or authorization;[definition of “mining area” substituted by section 1(c) of Act 103 of 1993]“mining authorization” means any authorization granted under a mining permit or a mining licence;“mining licence” means any authorization issued in terms of section 9 for any period exceeding two years;“mining permit” means any authorization issued in terms of section 9 for a period not exceeding two years;“mining right” means any right or any share therein acquired under any section mentioned in section 47(1) or (5) or any right to dig or to mine acquired under a tributing agreement as defined in section 1 of the Mining Titles Registration Act, 1967 (Act No. 16 of 1967), or any other subgrant acquired by virtue of the first-mentioned right or any share therein;“Minister” means the Minister of Mineral and Energy Affairs;[definition of “Minister” substituted by section 1(d) of Act 103 of 1993]“nomination agreement” means a nomination agreement as defined in section 1 of the Mining Titles Registration Act, 1967 (Act No. 16 of 1967);“officer” means any officer or other person in the service of the State in accordance with the Public Service Act, 1984 (Act No. 111 of 1984);“offshore installation” means an offshore structure or a vessel used at sea in connection with prospecting for or mining of minerals and on which persons are normally present;[definition of “offshore installation” inserted by section 1(e) of Act 103 of 1993]“owner” means, in relation to—(a)land—(i)other than unsurveyed and unregistered State land, the owner as defined in section 102 of the Deeds Registries Act, 1937 (Act No. 47 of 1937); or(ii)comprising a rural area, the Minister of Local Government and Agriculture in the House of Representatives;(b)a mine—(i)the holder of the prospecting permit or mining authorization concerned; or(ii)if such prospecting permit or mining authorization does not exist, the last person who worked the mine or his successor in title; or(c)a works, also the lessee of any works or part thereof;“peace officer” [definition of “peace officer” deleted by section 99 of Act 29 of 1996]“person” means any person as defined in section 2 of the Interpretation Act, 1957 (Act No. 33 of 1957), including the State and a trust;“prescribed” means prescribed by regulation;“process” means, in relation to any mineral, the recovering, extracting, concentrating, refining, calcining, classifying, crushing, screening, washing, reduction, smelting or gasification thereof;“prospecting” means intentionally searching for any mineral by means which disturb the surface of the earth, including the portion under the sea or under other water or of any tailings, by means of excavation or drilling necessary for that purpose, but does not include mine as a verb;“prospecting permit” means any authorization issued in terms of section 6;“record” includes information contained in or on a computer printout, tape or disc or any other computer storage medium;“regional director” [definition of “regional director” deleted by section 99 of Act 29 of 1996]“regional mining engineer” [definition of “regional mining engineer” deleted by section 99 of Act 29 of 1996]“regulation” means any regulation made under section 63 or in force in terms of section 68(2);“rehabilitation” means, in relation to the surface of land and the environment, the execution by the holder of a prospecting permit or mining authorization of the environmental management programme referred to in section 39 to the satisfaction of the Director: Mineral Development;“rural area” means any rural area as defined in section 1 of the Rural Areas Act (House of Representatives), 1987 (Act No. 9 of 1987);“serious bodily harm” [definition of “serious bodily harm” substituted by section 1(f) of Act 103 of 1993 and deleted by section 99 of Act 29 of 1996]“tailings” means any waste rock, slimes or residue derived from any mining operation or processing of any mineral;“this Act” includes the regulations and any condition to which any permit, licence, permission, consent, exemption, approval, notice, authorization, environmental management programme or directive issued, given, granted or approved or deemed to be issued, given, granted or approved in terms of this Act, is subject;[definition of “this Act” substituted by section 1(g) of Act 103 of 1993]“topsoil” means that layer of soil covering the earth and which provides a suitable environment for the germination of seed, allows the penetration of water, is a source of micro-organisms, plant nutrients and in some cases seed, and of a depth of 0,5 metre or any other depth as may be determined by the Director: Mineral Development for each mining area;[definition of “topsoil” inserted by section 1(h) of Act 103 of 1993]“township or urban area” means a township as defined in section 102(1) of the Deeds Registries Act, 1937 (Act No. 47 of 1937);[definition of “township or urban area” inserted by section 1(h) of Act 103 of 1993]“underground” means, in relation to a mine, any place in a mine under the natural surface of the earth which is solely connected to the surface by means of a shaft, incline shaft, adit, raise, winze, tunnel or decline or a combination thereof, including such shaft, incline shaft, adit, raise, winze, tunnel or decline;“winding plant” [definition of “winding plant” deleted by section 1(a) of Act 103 of 1993]“works” [definition of “works” deleted by section 99 of Act 29 of 1996]Chapter II
Administration
2. Administration of Act
3. Division of Republic, territorial waters and continental shelf into regions
For the purposes of this Act the Minister shall, by notice in the Gazette, divide the Republic, the sea as defined in section 1 of the Sea-shore Act, 1935 (Act No. 21 of 1935), and the continental shelf referred to in section 7 of the Territorial Waters Act, 1963 (Act No. 87 of 1963), into regions, and he may, from time to time, so amend the boundaries of such regions.4. Appointment and functions of Director: Mineral Developments
The Minister shall, in respect of each region referred to in section 3, appoint an officer in the service of the Department with the necessary experience and qualifications as Director: Mineral Development to exercise the powers and perform the duties conferred upon or assigned to him by or in terms of this Act or any other law and to carry out or comply with the instructions and directives of the Director-General.[section 4 substituted by section 3 of Act 103 of 1993]Chapter III
Authorization to prospect and to mine
5. Right to prospect and mine for and to dispose of minerals
6. Issuing of prospecting permit
7. Prohibition or restriction on prospecting on certain land
8. Prohibition on removal and disposal of minerals found during prospecting operations
9. Issuing of mining authorization
10. Temporary authorization to continue with prospecting or mining operations
The Director: Mineral Development may, pending any application for a prospecting permit or a mining authorization, issue a temporary permit or authorization authorizing the continuation of prospecting or mining operations on the land comprising the subject of such application and which had been authorized under a prospecting permit or mining authorization which has lapsed in terms of section 16.11. Duration and termination of prospecting permit or mining authorization
12. Continuation of liability until certificate is issued
13. Prospecting permit or mining authorization not to be transferred or encumbered
A prospecting permit or mining authorization shall not be alienated, transferred, ceded or encumbered by mortgage.14. Suspension or cancellation of prospecting permit, permission or mining authorization
15. Restriction on issuing of more than one prospecting permit or mining authorization in respect of same mineral and land
No prospecting permit or mining authorization shall be issued in respect of any mineral in respect of land or tailings, as the case may be, if a prospecting permit or mining authorization has already been issued in respect of such mineral and land or tailings, as the case may be, unless the Director: Mineral Development is satisfied that such first-mentioned issuing will not detrimentally affect the object of this Act in relation to optimal exploitation of minerals or rehabilitation.[section 15 substituted by section 99 of Act 29 of 1996]16. Lapsing of prospecting permit or mining authorization
Any prospecting permit or mining authorization shall lapse whenever—Chapter IV
Optimal exploitation and utilization of minerals
17. Power of Minister if consent to prospect or to mine cannot be acquired
18. Special investigation regarding presence, nature and extent of minerals or geological formations in or on land
19. Information in respect of prospecting to be furnished to Director: Mineral Development
20. Restriction on dividing of rights to minerals
21. Restriction on acquisition of rights to minerals by succession
If compliance with any testamentary disposition or the law regarding intestate succession will result in a division or increase as referred to in section 20(1) and the Director-General has under section 20(3) refused to approve such division or increase and the heirs or beneficiaries concerned are unable to come to an agreement which will not result in any such division or increase, the executor of the estate concerned shall, notwithstanding anything to the contrary contained in any law or testamentary provisions, realize the right to a mineral concerned or any undivided share therein and dispose of the net proceeds thereof in accordance with such testamentary disposition or the law regarding intestate succession, as the case may be.22. Power of Minister in case of conducting mining operations contrary to object of optimal exploitation of minerals
23. Power of Minister in case of exercising of surface rights contrary to object of optimal exploitation of minerals
24. Power of Minister to expropriate surface or mineral rights
25. Power of Minister to impose prohibition on possession of mineral, and power of manager to search person
Chapter V
Safety and health
26. ***
[section 26 repealed by section 99 of Act 29 of 1996]27. ***
[section 27 repealed by section 99 of Act 29 of 1996]28. ***
[section 28 repealed by section 99 of Act 29 of 1996]29. ***
[section 29 repealed by section 99 of Act 29 of 1996]30. ***
[section 30 repealed by section 99 of Act 29 of 1996]31. ***
[section 31 repealed by section 99 of Act 29 of 1996]32. ***
[section 32 repealed by section 99 of Act 29 of 1996]33. ***
[section 33 substituted by section 13 of Act 103 of 1993 and repealed by section 99 of Act 29 of 1996]34. ***
[section 34 repealed by section 99 of Act 29 of 1996]35. ***
[section 35 repealed by section 99 of Act 29 of 1996]36. ***
[section 36 repealed by section 99 of Act 29 of 1996]37. ***
[section 37 repealed by section 99 of Act 29 of 1996]Chapter VI
Rehabilitation of surface
38. Rehabilitation of surface of land
39. Environmental management programme
40. Removal of buildings, structures and objects
Whenever a prospecting permit or mining authorization which is held is suspended, cancelled or terminated or lapses, and the prospecting for or exploitation of any mineral which was authorized under such permit or authorization finally ceases, the person who was the holder of such permit or authorization immediately prior to such suspension, cancellation, termination or lapsing, as the case may be, shall demolish all buildings, structures or any other thing which was erected or constructed in connection with prospecting or mining operations on the surface of the land concerned and shall remove all debris as well as any other object which the Director: Mineral Development concerned may require and, as far as is practicable, restore any such surface to its natural state to the satisfaction of and within a period determined by such Director: Mineral Development: Provided that such demolition or removal shall not be applicable in respect of buildings, structures or objects—41. Restrictions in relation to use of surface of land
42. Acquisition or purchase of certain land and payment of compensation under certain circumstances
Chapter VII
Transitional provisions
43. Certain persons deemed to be holders of mineral rights, and payment of compensation by Minister
44. Continuation of prospecting rights
45. Deproclamation of land and continuation of certain laws in connection with alluvial diggings and proclaimed land
46. Right to certain diamonds and use of certain surface deemed to vest in State
47. Continuation of mining rights
48. Continuation of reservations, permissions and certain rights
49. Certain functions of Mining Commissioner performed by Director: Mineral Development
For the purposes of sections 44, 45, 47 and 48 the Director: Mineral Development concerned shall, where applicable, perform the functions which in terms of the prior laws referred to in the said sections, would have been performed by a Mining Commissioner if this Act had not been passed.50. Reference to Government Mining Engineer, Registrar of Mining Titles and Mining Commissioner in documents or other laws
Any reference in—Chapter VIII
General and miscellaneous provisions
51. Power of entering upon land or place and to perform other acts
52. Producing of documents at request of Director: Mineral Development or authorized person
Any person who in accordance with this Act is the holder or should be in possession of any permit, licence, permission, certificate, authorization or any other document shall produce such permit, licence, permission, certificate, authorization or document at the request of the Director: Mineral Development or any authorized person referred to in section 51(1).53. Proof of certain facts
53A. Orders, suspensions and instructions
53B. Inquiries
53C. Attendance and examination of witnesses at inquiry
53D. Obstruction of inquiry or investigating officer or failure to render assistance
No person shall in relation to any inquiry held in terms of section 53B(1) or (4)—54. Notice of commencement or cessation of prospecting or mining operations or works
55. State not liable for claims
Save as is otherwise provided in this Act the State shall not be liable for any claim resulting from any injury, death, loss or damage of whatever nature which may arise from the application of any provision of this Act or the exercising of any power or the performance of any duty or function conferred or imposed by this Act if such application, exercising or performance happened without negligence and in good faith.56. Serving of documents and validity
57. Right of appeal
58. Prohibition on victimization
No person shall take any action or permit any action to be taken against any employee in any way which may be to his detriment, or shall alter his position or allow his position to be altered to his disadvantage relative to other employees, by reason of the fact, or because such person suspects or believes, whether or not such suspicion or belief is justified or correct, that such employee has given information to the Minister or any other person charged with the execution of this Act in respect of anything which is required to be done or omitted in terms of this Act or which relates thereto, or because he has complied with a lawful prohibition, order, request or instruction of a regional mining engineer, or has given evidence before any court of law or during an inquiry, or has done anything which he may or is required to do in terms of this Act or has refused to do anything which he is prohibited to do in terms of this Act.59. Prohibition on obstruction of officer or person
No person shall hinder, oppose or obstruct any officer or any other person in the exercise of his powers or the performance of his duties conferred or imposed on him by this Act.60. Offences
61. Penalties
62. Delegation of powers
63. Regulations
64. Alienation of State-owned mineral rights
65. Act binds State
The provisions of this Act shall bind the State, save in so far as criminal liability is concerned or in so far as may be otherwise determined by the Minister by notice in the Gazette.66. Amendment of Mining Titles Registration Act, 1967
The Mining Titles Registration Act, 1967 (Act No. 16 of 1967), is hereby amended by the substitution for the expression “Registrar of Mining Titles” of the expression “Director General: Mineral and Energy Affairs”, wherever it occurs in the said Act.67. Machinery and Occupational Safety Act, 1983, not applicable
The Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), shall not be applicable to any matter in respect of which any provision of this Act is applicable.68. Repeal of laws, and savings
69. Agreements with self-governing territories
If the Government of the Republic and the government of a self-governing territory as defined in section 38 of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), agree thereto, an officer in the service of the Department may perform any function in such self-governing territory which has been assigned to any officer in the service of such self-governing territory by or in terms of any law of such self-governing territory in connection with mineral matters, and any such function shall be performed by the first-mentioned officer on the conditions agreed to between the said governments.70. Short title and commencement
History of this document
15 January 1997 this version
Amended by
Mine Health and Safety Act, 1996
01 September 1993
Amended by
Minerals Amendment Act, 1993
Read this version
01 January 1992
Amended by
Minerals Amendment Act, 1993
Commenced by
Minerals Act, 1991: Commencement
Read this version
15 May 1991
Assented to
Cited documents 10
Act 10
1. | Criminal Procedure Act, 1977 | 3800 citations |
2. | Deeds Registries Act, 1937 | 2814 citations |
3. | Constitution of the Republic of South Africa, 1996 | 601 citations |
4. | Expropriation Act, 1975 | 496 citations |
5. | Interpretation Act, 1957 | 286 citations |
6. | Inquests Act, 1959 | 132 citations |
7. | Transfer Duty Act, 1949 | 126 citations |
8. | Mining Titles Registration Act, 1967 | 70 citations |
9. | General Law Amendment Act, 1973 | 55 citations |
10. | General Law Amendment Act, 1971 | 20 citations |
Documents citing this one 290
Gazette 251
Judgment 26
Act 9
1. | Income Tax Act, 1962 | 1627 citations |
2. | Occupational Health and Safety Act, 1993 | 978 citations |
3. | Compensation for Occupational Injuries and Diseases Act, 1993 | 684 citations |
4. | Mineral and Petroleum Resources Development Act, 2002 | 630 citations |
5. | Mine Health and Safety Act, 1996 | 239 citations |
6. | National Forests Act, 1998 | 213 citations |
7. | Geoscience Act, 1993 | 18 citations |
8. | Kwa-Zulu Natal Amafa and Research Institute Act, 2018 | 1 citation |
9. | Mpumalanga Roads Act, 2008 |