Comment
Author: Admin | 2025-04-28
Permit(1) Any personwho wishes to apply to the Minister for a reconnaissance permit must lodge theapplication—(a) at the office of the designatedagency;(b) in the prescribed manner; and(c) togetherwith the prescribed non-refundable application fee.(2) Thedesignated agency must, within 14 days of the receipt of the application,accept an application for a reconnaissancepermit if—[Word preceding s74(2)(a) subs by s 53(a) of Act 49 of 2008 wef 7 June 2013.](a) the requirements contemplatedin subsection (1) are met; [S 74(2)(a) am by s53(b) of Act 49 of 2008 wef 7 June 2013.](b) no otherperson holds a technical co-operation permit, exploration right or productionright for petroleum over anypart of the area; and[S 74(2)(b) am by s53(b) of Act 49 of 2008 wef 7 June 2013.](c) no priorapplication for an exploration right, production right, or technicalco-operation permit has been acceptedfor the same mineral, land and area.[S 74(2)(c) ins by s53(b) of Act 49 of 2008 wef 7 June 2013.](3) If theapplication does not comply with the requirements of this section, thedesignated agency must notify the applicantin writing within 14 days of thereceipt of the application and provide reasons.[S 74(3) subs by s53(c) of Act 49 of 2008 wef 7 June 2013.](4) If thedesignated agency accept the application, the designated agency must, within 14days of the receipt of the application,notify the applicant in writing to—(a) consult in the prescribedmanner with the landowner, lawful occupier and any interested and affectedparty and include the resultof the consultation in the relevant environmentalreports required in terms of Chapter 5 of the National Environmental ManagementAct, 1998; and(b) submitrelevant environmental reports in subsection (a), within 60 days from the dateof the notice.[S 74(4) subs by s53(d) of Act 49 of 2008 wef 7 December 2014.]75. Issuingand duration of reconnaissance permit(1) Subject tosubsection (4), the Minister must issue a reconnaissance permit if—(a) the applicant has access tofinancial resources and has the technical ability to conduct the proposedreconnaissance operation;[S 75(1)(a) subs by s54 of Act 49 of 2008 wef 7 June 2013.](b) the estimated expenditure iscompatible with the intended reconnaissance operation and duration of thereconnaissance programme;(c) the reconnaissance will notresult in unacceptable pollution, ecological degradation or damage to theenvironment and that the environmentalauthorisation is issued;[S 75(1)(c) subs by s54 of Act 49 of 2008 wef 7 December 2014.](d) the applicant has the abilityto comply with the relevant provisions of the Mine Health and Safety Act, 1996(Act 29 of 1996); and(e) the applicant is not incontravention of any relevant provision of this Act.(2) TheMinister must refuse to issue a reconnaissance permit if the application doesnot meet all the requirements contemplatedin subsection (1).(3) If theMinister refuses to issue a reconnaissance permit, the Minister must, within 30days of the decision, in writingnotify the applicant of the decision and thereasons
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