MPRDA FREE DOWNLOAD

In in its submission, the Chamber of Mines said that a clause included in the MPRDA that would elevate the Mining Charter to law would not pass constitutional muster as it offends the separation of powers between the legislature and the minister. Sugar industry turns to the government for help in plotting rescue plan. Competition for Optimum hots up as new entrants throw hats into…. It was not disputed that the first application was non-compliant with the MPRDA, but the Supreme Court ultimately found that even though there was non-compliance, the non-compliance did not render the first application fatally defective. The judgement does, however, clarify that the statutory requirements in the MPRDA should not be viewed as mandatory peremptory requirements that need to be strictly complied with in order to ensure that an application is valid. Most Read Foreign women soon will not have to wear an abaya, Saudi Arabia promises.

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The act didn't specify any timelines that the amendment must be done, meaning that an applicant could delay the entire procedure by not amending the application or taking years to amend as in the present caseeffectively sterilising the minerals by preventing other companies from applying for prospecting rights over the land. B L Premium This article is reserved for our subscribers. Ziza counter argued that the defect in its application didn't mean that its application automatically failed and mprea to be rejected by the DMR.

MPRDA heading for same legal wrangling as Mining Charter - Miningmx

On the question of whether a return of the application, as required by the MPRDA at the time, constituted a refusal by the DMR, the Supreme Court held that there is an important distinction between the "return" and the "refusal" of an application — a return is exercised by the regional manager of the DMR and gives the applicant with an opportunity to supplement its application, while a refusal is exercised by the Minister, not the regional manager.

The judgement does, however, clarify that the statutory requirements in the MPRDA should not be viewed as mandatory peremptory requirements that need to be strictly complied with in order to ensure that an application is valid.

It argued that because the act required return of the application, when Aquila submitted its application there would have been no prior pending application for a prospecting right. In addition, a person that is granted a prospecting right over land for a particular mineral has the sole and exclusive right to apply for, and be granted, the relevant mining right section 19 1. The particular needs of the petroleum sector — which are addressed in the amendment bill — could be dealt with in a dedicated, directly targeted legislative framework for the sector.

Aquila's application was granted on 11 October Did this mean the application was rejected, or did it mean that the process was merely suspended to allow the applicant to amend its application? The High Court accepted that the application was defective, and turned its analysis to what the required notifying and "returning the application to the applicant" meant in terms of the then section 16 3 of the MPRDA.

Related industries Energy and Natural Resources. Statutory requirements, such as the requirements that a prospecting application must comply with, are generally either:. The Supreme Court endorsed its previously held view that not every deviation from the literal prescription of an act should be fatal. He argued that the rules of Parliament allow the NCOP to consider amendments proposed by the DMR when such changes are as a result of consultations with stakeholders and that recommendations emanating from a public participation process cannot be ignored.

In in its submission, the Chamber of Mines said that a clause included in the MPRDA that would elevate the Mining Charter to law would not pass constitutional muster as it offends the separation of powers between the legislature and the minister. This application was, however, now refused by the DMR because the DMR alleged that of Ziza's prior application was in queue before Aquila's, and that Aquila's right shouldn't have been granted originally.

The withdrawal will be welcomed by the industry, which has been plagued by uncertainty while it has been the subject of legislative processes dating back to The first person to lodge a prospecting right application for a particular mineral is first in the queue, and no prospecting right applications submitted afterwards can be considered or granted until the first application has been rejected section 16 2.

Ministers are mprva with independent power producers over power purchase agreements and contracts. On 26 February Ziza's prospecting right application was granted. Ziza's prospecting right application was fatally defective because it failed to strictly comply with the mpfda of the MPRDA — Ziza had failed to include the prescribed coordinated map showing the land that the application extended over; The DMR was required to "return" a non-compliant application in terms of section 16 3 of the MPRDA; The "return" of Ziza's application would mean that the application had been rejected; If Ziza subsequently amended its application, then the amended application would have to be treated as a new application; and It was therefore not competent for the DMR to accept and grant Ziza's application for a prospecting right.

Mineral and Petroleum Resources Development Act, - Wikipedia

The requirements of the MPRDA in relation to applications for prospecting rights are framed as mandatory requirements that require strict compliance.

Gemfields set to post lower interim earnings as revenues slide heavily…. There was nothing in the act which inhibits the sector.

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MPRDA compliance: is it required?

It was not disputed that the first application was non-compliant with the MPRDA, but the Supreme Court ultimately found that even though there was non-compliance, the non-compliance did not render the first application fatally defective. Minerals Council calls on Govt to shelve Carbon Tax as sector…. The high court held that: The important consideration is if there was sufficient compliance with the requirements in order mlrda the objectives of the MPRDA to be achieved.

The additional information included in Ziza's application included: Stay on the freeway for longer with Audi. Because the first application in queue was not fatally defective and had not been refused by the DMR, the Supreme Court held that the DMR's decision to grant the second conflicting right was the invalid decision, and that the second conflicting right was mpra right that should be set aside.

The additional information included in Ziza's application included:. Details of the cookies we use and instructions on how to disable them are set out in our Cookies Policy.