58. Rights of holders of reconnaissance licences.

(1) Subject to the provisions of this Act, a reconnaissance licence shall authorize the holder of such licence -

(a) to carry on reconnaissance operations in the reconnaissance area to which such licence relates in respect of any mineral or group of minerals, whether or not a mineral licence has in terms of the provisions of this Act been issued to any other person or a mining claim has been registered in the name of any other person in respect of the land to which such reconnaissance licence relates;

(b) to carry on such other operations, including the erection or construction of accessory works, in such reconnaissance area as may be reasonably necessary for, or in connection with, any reconnaissance operations contemplated in paragraph (a).

(2) (a) The holder of a reconnaissance licence shall not erect or construct any accessory works referred to in subsection (1)(b) without the prior permission in writing of the Commissioner.

(b) The Commissioner shall not grant the permission referred to in paragraph (a) in respect of accessory works to be erected or constructed on private land, unless the holder of the reconnaissance licence has complied with the provisions of section 52(1)(a) in relation to any compensation to be paid to the owner of such private land.

(3) The provisions of subsection (1) shall not be construed as -

(a) conferring on the holder of a reconnaissance licence any preferential right to any other licence during the currency or on expiry of such reconnaissance licence;



(b) preventing the Minister from granting any other licence in respect of' any mineral or group of minerals or any area of land in the reconnaissance area to which such reconnaissance licence relates; or

(c) preventing any other person from pegging, and the Commissioner from registering, a mining claim in such reconnaissance area during the currency of such reconnaissance licence.


59. Exclusive rights to carry on reconnaissance operations.

(1) Subject to the provisions of subsection (2), the Minister may, on application by -

(a) a person applying for a reconnaissance licence, grant to such person a reconnaissance licence; or

(b) the holder of a reconnaissance licence, cause an endorsement to be made on such reconnaissance licence,

by virtue of which an exclusive right is conferred upon such person to carry on in the reconnaissance area to which such reconnaissance licence relates, reconnaissance
operations in relation to any mineral or group of minerals specified in such licence, if the Minister is on reasonable grounds satisfied that the extent of the reconnaissance
operations to be carried out and the expenditure to be incurred in or in relation to the reconnaissance area justifies the grant of such exclusive right.

(2) An exclusive right referred to in subsection (1) shall not be granted in respect of -

(a) any mining claim; or

(b) any area of land to which any other mineral licence, by virtue of which an exclusive right to carry on reconnaissance operations, prospecting operations o mining operations has been conferred, relates, to carry on reconnaissance operations for the same mineral or group of minerals.


60. Applications for reconnaissance licences.

An application by any person for a reconnaissance licence -




(a) shall contain -

(i) in the case of a natural person the full names, nationality, date of birth, postal and residential address of such person;

(ii) in the case of a company, the name of such company and particulars of its incorporation and registration as a company, the registered address and principal place of business of the company in Namibia, the full names and nationality of the directors of the company, the share capital of the company and the full names and nationality of any person who is the beneficial owner of more than five per cent of the shares issued by such company; and

(iii) in the case of any person represented by an accredited agent, the full names and address of such accredited agent;

(b) shall be accompanied by a detailed plan of the area to which the application relates drawn according to scale of such area which shall not exceed two contiguous squares, each of which does not exceed one degree in longitude and one degree in latitude, indicating -

(i) its location with reference to magisterial districts; and

(ii) the extent of such area defined by reference to co-ordinate reference points;

(c) shall contain a concise geological description of the area of land and, in the case of an application for an exclusive right referred to in section 59, the mineral or group of minerals to which such application relates;

(d) shall contain particulars of -

(i) any licences issued in terms of this Act or any law repealed by this Act held by such person alone or jointly with any other person; and



(ii) any prospecting operations and mining operations carried on by such person alone or jointly with any other person outside Namibia,

on the date of such application and during a period of 10 years immediately preceding such date;

(e) shall contain particulars, substantiated by documentary proof or such other proof as may be required by the Commissioner, of the technical and financial resources of, or available to, such person to carry on the reconnaissance operations to which the application relates;

(f) shall contain particulars of -

(i) the programme of reconnaissance operations proposed to be carried on, the estimated expenditure in respect thereof and the period within which such operations will be carried on and such expenditure will be expended;

(ii) in the case of an application for an exclusive right referred to in section 59, the reasons for such application;

(g) shall be accompanied by such documents as the Minister may require in relation to any particulars referred to in this section; and

(h) may contain any other matter which in the opinion of the person concerned is relevant to the application.


61. Restrictions on grant of applications relating to applications relating to reconnaissance licences.

The Minister shall not grant an application for a reconnaissance licence -

(a) unless such person is a person referred to in section 46;

(b) if, at the time of the application, such person is contravening any provision of this Act or any term and condition, direction or order determined, given or made under any such provision or is failing to comply with any provision of this Act, term and condition, direction or order;



(c) unless the Minister is on reasonable grounds satisfied -

(i) with the programme of reconnaissance operations to be carded on or the expenditure to be expended in respect of such reconnaissance operations;

(ii) that the person concerned has the technical and financial resources to carry on such reconnaissance operations;

(d) in respect of an area of land in relation to a mineral or group of minerals in respect of which an exclusive right has, in terms of section 59, been conferred on any other holder of a reconnaissance licence.


62. Issue of reconnaissance licences.

(1) Subject to subsections (4) and (5) of section 48, the Minister shall upon the granting of an application for a reconnaissance licence, direct the Commissioner to issue to the person who applied for such reconnaissance licence, a reconnaissance licence on such terms and conditions as may be agreed upon as provided in the said subsections.

(2) Subject to the provisions of subsection (1), a reconnaissance licence shall -

(a) state the full names and address of the holder of the reconnaissance licence and, in the case of such a holder who is resident outside Namibia, the full names and address of such holder's accredited agent;

(b) state the date on which and the period for which such reconnaissance licence is issued; 

(c) contain a diagram prepared by an officer employed in the Ministry of Mines and Energy and designated by the Permanent Secretary for that purpose of the area of land to which such reconnaissance licence relates containing geometrical or numerical depictions or any combination of such depiction and a description in words or symbols of such land;

(d) state the terms and conditions other than the terms and conditions referred to in section 50 

subject to which such reconnaissance licence is issued;

(e) state the mineral or group of minerals in respect of which such reconnaissance licence is issued; and

(f) contain such other particulars as the Minister may, either generally or in any particular case, determine.


63. Duration of reconnaissance licences.

(1) Subject to the provisions of this Act, a reconnaissance licence shall be valid for such period, not exceeding six months, as may be determined in writing by the Minister at the time of the granting of such licence.

(2) Subject to the provisions of subsection (3), a reconnaissance licence shall not be subject to renewal.

(3) The Minister may, on an application in writing made to him or her by the holder of a reconnaissance licence in such form as may be determined in writing by the
Minister, extend such licence on one occasion for a period not exceeding six months if the Minister is on reasonable grounds satisfied that such holder has during the currency of such licence been prevented through no fault of such holder to fully carry on the reconnaissance operations authorized under such licence.

(4) Notwithstanding the provisions of subsection (1), but subject to the other provisions of this Act, a reconnaissance licence shall not expire during a period in which -

(a) an application referred to in subsection (3) by such holder;

(b) an application by such holder for an exclusive prospecting licence in respect of an area of, and in the reconnaissance area to which such reconnaissance licence relates or any mineral or group of minerals in respect of which an exclusive right has been conferred on such holder to carry on reconnaissance operations,

is being considered, until such application is refused or the application is withdrawn or has lapsed, whichever occurs first or, if such application is granted, until such time as the
reconnaissance licence is extended or the exclusive prospecting licence is issued, as the case may be, in consequence of such application.



64. Transfer of reconnaissance licences, and grant, cession or assignment of interests in such licences, and joinder of persons as joint holders of such licences or interests.

A reconnaissance licence shall not be transferred and any interest in such licence shall not be granted, ceded or assigned to any other person, and no person shall be joined as a joint holder of such licence or interest.


65. Work programmes of reconnaissance operations.

The provisions of section 42 shall apply mutatis mutandis in relation to the holder of a reconnaissance licence, and in such application -

(a) any reference to the holder of a mining claim, shall be construed as a reference to the holder of a reconnaissance licence;

(b) any reference to prospecting operations or mining operations, shall be construed as a reference to reconnaissance operations; and

(c) any reference to the registration of a mining claim, shall be construed as a reference to the issue of a reconnaissance licence.


66. Records, maps, plans and financial statements to be kept, and information, reports and returns to be submitted, by holders of reconnaissance licences.

(1) The holder of a reconnaissance licence -

(a) shall keep at an address in Namibia a proper record in such form as may be determined in writing by the Commissioner in relation to

(i) the location and nature of all photogeological studies, imaging and geophysical and other surveys carried on by such holder in the course of the reconnaissance operations carried on by him or her in the reconnaissance area to which such reconnaissance licence relates, and the results, interpretation and assessment of such studies and surveys;

(ii) the persons employed by such holder for purposes of such reconnaissance operations, including the names, addresses, nationality and ages of, and remuneration and other benefits paid and granted to such persons;

(iii)the expenses incurred by such holder in the course of such reconnaissance operations; and



(iv) such other work as may be determined by the Commissioner and specified by notice in writing addressed and delivered to such holder,

and shall retain such records for a period of not less than three years as from the expiry of such licence;

(b) shall prepare or cause to be prepared and maintain at all times plans and maps in respect of such reconnaissance area;

(c) shall prepare in respect of the period of the currency of such reconnaissance licence a statement of income and expenditure derived or incurred in connection with such reconnaissance operations in such reconnaissance area and such other financial statements as the Commissioner may require in such form as the Commissioner may determine; and

(d) shall submit, within 60 days after the end of the currency of such reconnaissance licence in respect of the whole of the reconnaissance area, or together with an application referred to in section 63(3) or an application for an exclusive prospecting licence or mining licence in respect of the whole or any portion of the reconnaissance area, to the Commissioner -

(i) in such form as may be determined in writing by the Commissioner, a report in duplicate or, in the case where an application is made for an exclusive prospecting licence or mining licence in respect of a portion of the reconnaissance area, separate reports in duplicate in respect of such portion and the remainder of such reconnaissance area, setting out in relation to such period -

(aa)an evaluation of the prospects of the discovery of any mineral or group of minerals in such reconnaissance area;



(bb)all information, including photographs, tabulations, tapes and discs, in
the records referred to in paragraph (a) and the plans and maps referred to in paragraph (b); and

(cc)such other particulars as the Commissioner may require in relation to the reconnaissance operations carried on by such holder; and

(ii) the statement of income and expenditure and financial statements referred to in paragraph (c).

(2) In the event of the cancellation of a reconnaissance licence under section 55 the person who was the holder of such licence immediately before such cancellation shall on a date not later than 30 days after the date of such cancellation deliver to the Commissioner -

(a) all records kept in terms of the provisions of subsection (1)(a);

(b) all maps and plans referred to in subsection (1)(b);

(c) all reports, photographs, tabulations, tapes and discs prepared by or on behalf of such person in the course of such reconnaissance operations; and

(d) such other books, documents, records and reports as the Commissioner may require by notice in writing addressed and delivered to such person, or copies of such records, maps, plans, reports, photographs, tabulations, tapes, discs, books and documents, unless an exclusive prospecting licence or a mining licence
is issued to such person in relation to the area to which such reconnaissance licence related with effect from the date following on the date of such cancellation or lapsing or such later date as the Commissioner may on good cause shown allow.

(3) If the holder referred to in subsection (2) fails to comply with the provisions of that subsection the Commissioner may mutatis mutandis in accordance with the provisions of Chapter 2 of the Criminal Procedure Act, 1977 (Act 51 of 1977) -



(a) enter upon any premises whatsoever and search for the records, maps and plans, reports, photographs, tabulations, tapes, discs, books and documents referred to in paragraphs (a) to (d) of subsection (2);

(b) seize any such records, maps and plans, reports, photographs, tabulations, tapes, discs, books and documents, as if he or she were a police official referred to in that Act and such records, maps and plans, reports, photographs, tabulations, tapes, discs, books and documents were concerned in the commission of any offence.

(4) Any person referred to in subsection (1) or (2) who contravenes or fails to comply with the provisions of any such subsection shall be guilty of an offence and on
conviction be liable to a fine no exceeding R8 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.