16. Rights of holders of non-exclusive prospecting licences. 

(1) Subject to the provisions of subsections (2) and (3), the holder of a non-exclusive prospecting licence shall be entitled -

(a) to carry on prospecting operations on any land for any mineral or group of minerals;

(b) to remove any mineral or group of minerals other than a controlled mineral or sample of such mineral or group of minerals, for any purpose other than she or disposal, from any place where it was found or incidentally won in the course of prospecting operations referred to in paragraph (a) to any place within Namibia;

(c) with the permission of the Commissioner previously obtained generally or in every particular case in writing and subject to such conditions as may be determined by the Commissioner or subject to be conditions of an exemption granted under section 137 -



(i) to remove any mineral or group of minerals referred to in paragraph (b) for any purpose other than sale or disposal, from any place where it was found or incidentally won in the course of prospecting operations referred to in paragraph (a) to any place outside Namibia;

(ii) to remove any controlled mineral or sample of such mineral, for any purpose other than sale or disposal, from any place where it was found or incidentally won in the course of prospecting operations referred to in paragraph (a) to any place, whether within or outside Namibia;

(iii)to remove any mineral or group of minerals, for purposes of sale or disposal, from any place where it was found or incidentally won in the course of such prospecting operations;

(iv) to sell or otherwise dispose of any such mineral or group of minerals.

(2) The holder of a non-exclusive prospecting licence shall not exercise any rights conferred upon such holder by subsection (1) -

(a) in, on or under any private land until such time as such holder has by way of an endorsement on such licence or otherwise obtained the permission in writing of the owner of such land to exercise such rights on such land without the payment of any compensation to such owner, or has complied mutatis mutandis with the provisions of section 52(1)(a)(i) or has been granted an ancillary right as provided in section 110(4) to exercise such rights on such land;

(b) unreasonably and in such manner that the rights and interests of the owner of any land to which such licence relates are adversely affected, except to the extent to which such owner is compensated;

(c) in respect of any mineral or group of minerals, in, on or under any land forming part of -



(i) any land in relation to which an application by any other person for a reconnaissance licence and an exclusive right referred to in section 59 in respect of such mineral or group of minerals, submitted to the Commissioner and posted on the notice board in the office of the Commissioner, is pending;

(ii) a reconnaissance area in relation to which an application by any other person for an exclusive right referred to in section 59 in respect of such mineral or group of minerals, submitted to the Commissioner and posted on the notice board in the office of the Commissioner, is pending; or

(iii)a reconnaissance area in relation to which an exclusive right referred to in section 59 has been conferred upon any person in respect of such mineral or group of minerals;

(d) in, on or under any land in a claim area, a prospecting area, a retention area or a mining area or, subject to the provisions of section 29, in, on or under any claim; 

(e) in, on or under any land in respect of which an application by any other person for an exclusive prospecting licence, a mineral deposit retention licence or a mining licence, submitted to the Commissioner in accordance with the provisions of section 47 and posted on the notice board in the office of the Commissioner, is pending;

(f) in, on or under any land in respect of any source material specified in Part 5 of Schedule 1.

(3) The provisions of sections 52(1)(b), (c), (d), (e) and (f), (2), (3), (4), (5), (6) and (7) and 53 shall apply mutatis mutandis in relation to the holder of a non-exclusive prospecting licence.

(4) An application for the permission referred to in subsection (1)(c), shall be made to the Commissioner in such form as may be determined in writing by the Commissioner and shall be accompanied by such application fee, if any, as may be determined under section 123, together with such documents and information as may be required by the Commissioner.



(5) The holder of a non-exclusive prospecting licence who has removed, as contemplated in paragraph (b) of subsection (1), any mineral or group of minerals other than a controlled mineral or any sample of such mineral or group of minerals from the place where it was found or incidentally won, for any purpose other than for sale or disposal, to any place within Namibia, shall, except to the extent to which such holder has been exempted under the provisions of section 137 from the provisions of this subsection, inform the Commissioner in writing of such removal, not later than 14 days or such longer period after such removal as the Commissioner may allow, and provide
particulars of the nature of such sample, mineral or group of minerals and the place to which it has been so removed.

(6) (a) The holder of a non-exclusive prospecting licence who has contravened or failed to comply with the provisions of subsection (1)(c) or (5) shall be guilty of an offence and on conviction liable to a fine not exceeding R20 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

(b) If in any prosecution in terms of paragraph (a) of this subsection for the contravention or failure to comply with the provisions of subsection
(1)(c)(iii), it is proved -

(i) that the holder referred to in that paragraph has removed any mineral or group of minerals from the area to which the non-exclusive prospecting licence relates;

(ii) that such holder has not obtained the permission of the Commissioner for the removal of such mineral or group of minerals as required by subsection (1)(c); and

(iii)that such holder has failed to inform the Commissioner of the removal of such mineral or group of minerals as provided in subsection (5),

it shall be presumed until the contrary is proved that such holder has removed such mineral or group of minerals for purposes of sale or disposal.



17. Persons who may apply for non-exclusive prospecting licences. 

Any person may apply for a non-exclusive prospecting licence, provided, in the case of a natural person, such person has reached the age of 18 years.


18. Applications for non- exclusive prospecting licences.

(1) Subject to the provisions of this Act, an application for a non-exclusive prospecting licence shall be made to the Commissioner in such form as may be determined in writing by the Commissioner and shall be accompanied by such application fee and such licence fee in respect of the licence period of such licence as may be determined under section 123.

(2) An application referred to in subsection (1) -

(a) shall contain -

(i) in the case of a natural person -

(aa)the full names, nationality, date of birth, postal and residential address of such person; and

(bb)particulars, if any, of any convictions by a court of law in respect of which he or she was sentenced to imprisonment, whether suspended or not, without the option of a fine; or

(ii) in the case of a company, the name of such company, particulars of its incorporation and registration as a company, the registered address and principal place of business of such company in Namibia and the names and nationality of the directors of the company; and

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

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

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



(3) Subject to the provisions of this Act, the Commissioner may grant on such terms and conditions as may be determined in writing by him or her, or refuse to grant,
an application referred to in subsection (1).


19. Powers of Commissioner in respect of applications for non-exclusive prospecting licences.

(1) The Commissioner may at any time after receipt of any application for a non-exclusive prospecting licence referred to in section 11 require the person concerned by notice in writing to furnish him or her within such reasonable period as may be specified in such notice, with -

(a) such information specified in such notice as the Commissioner may in his or her discretion deem necessary to enable him or her to determine who, in the case of a company, has the controlling interest in the affairs of the company; or 

(b) such other information so specified as the Commissioner may in his or her discretion deem necessary for purposes of considering such application.

(2) In order to enable the Commissioner to consider any application referred to in subsection (1) the Commissioner may cause such investigations to be made or undertaken as the Commissioner may in his or her discretion deem necessary.


20. Restrictions on grant of non-exclusive prospecting licences. 

The Commissioner shall not grant an application for a non-exclusive prospecting licence to any natural person, unless such person is a person referred to in section 17 and is in the opinion of the Commissioner a fit and proper person to hold such licence.


21. Issue of non-exclusive prospecting licences. 

(1) The Commissioner shall, upon the granting of an application for a non-exclusive prospecting licence, issue to the person who applied for such licence a nonexclusive prospecting licence in such form and on such terms and conditions as may be determined by the Commissioner.

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

(a) contain the full names and address of the holder of the non-exclusive prospecting 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 non-exclusive prospecting licence is issued;

(c) state, whether or not by way of an annexure to such licence, the terms and conditions subject to which such licence is issued;

(d) contain a reference to the place where the issue of such licence has been recorded in the register kept in terms of section 51, as applied by subsection (3)
of this section; and

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

(3) The provisions of section 51 shall apply in relation to every non-exclusive prospecting licence issued in terms of this section.


22. Duration of non-exclusive prospecting licence. 

Subject to the provisions of this Act, a non-exclusive prospecting licence shall be valid for a period of 12 months.


23. Transfer or renewal of non-exclusive prospecting licences, and grant, cession or assignment of interests in such licences, and joinder of persons as joint holders of such licences or interests.

A non-exclusive prospecting licence shall not be transferred or renewed, and the holder of any non-exclusive prospecting licence shall not grant, cede or assign any interest in such licence to any other person, and no person shall be joined as the joint holder of such licence or interest.


24. Records to be kept and returns to be submitted by holders of non-exclusive prospecting licences.

(1) The holder of a non-exclusive prospecting 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 nature and mass or volume of any mineral or group of minerals found or incidentally won in the course of such prospecting operations; and



(ii) the nature, mass or volume and value of any mineral or group of minerals sold or otherwise disposed of and the full names and address of any person to whom such mineral or group of minerals has been sold or otherwise disposed of,

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

(b) shall submit in respect of the period of such licence's currency to the Commissioner in such form as the Commissioner may determine a statement of income and expenditure derived or incurred in relation to the information contemplated in paragraph (a);

(c) shall upon the request of the Commissioner produce the record referred to in paragraph (a) or any copies of such records to the Commissioner for inspection.

(2) Any person referred to in subsection (1) who contravenes or fails to comply with the provisions of that subsection shall be guilty of an offence and on conviction be liable to a fine not exceeding R8 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.