PART VI Pegging of claims |
| 25. Persons who may peg claims. (1) No person shall peg any claim, unless such person is the holder of a non-exclusive prospecting licence or, with the permission of the Minister referred to in subsection (2), an exclusive prospecting licence, and such person - (a) is a Namibian citizen; or (b) is, in the case of a company referred to in paragraph (a) of the definition of "company" in section 1, a company whose articles of association contain a provision providing - (i) that only Namibian citizens may own shares in such company; (ii) that only another company whose articles of association contain such a provision may own shares in such first-mentioned company; or (iii)that only Namibian citizens and a company referred to in subparagraph (ii) may own shares in such first-mentioned company; or (c) is a company referred to in paragraph (b) of the definition of "company" in section 1. (2) (a) The Minister may, upon an application made by the holder of an exclusive prospecting licence contemplated in subsection (1) and if the Minister deems it desirable in the interests of the development of the mineral resources of Namibia, grant such holder permission to peg a claim. (b) An application referred to in paragraph (a) shall be made to the Minister in such form as may be determined in writing by the Minister and shall be accompanied by such application fee, if any, as may be determined under section 123, together with such documents as may be required by the Minister. (3) Notwithstanding the provisions of subsection (1), the Minister may, upon an application made to him or her in such form as may be determined in writing by the Minister and if the Minister deems it desirable in the interests of the development of the mineral resources of Namibia, declare by notice in the Gazette that any company other than a company referred to in paragraph (b) or (c) of subsection (1) shall, for purposes of this section, be deemed, either generally or in respect of any particular claim, to be a company referred to in the said paragraph (b). 26. Restrictions on pegging of claims. (1) No person shall peg any claim in respect of source material specified in part 5 of Schedule 1. (2) Subject to the provisions of subsection (3), no person shall peg - (a) any claim if such person is the holder of 10 or more mining claims; (b) more than 10 claims; or (c) such number of claims which would, together with any other claims pegged by him or her or any mining claims of which he or she is the holder, amount to more than 10 claims, without the prior permission in writing of the Minister. (3) An application for the permission of the Minister referred to in subsection (2) shall be made to the Minister in such form as may be determined in writing by the Minister and shall be accompanied by such application fee, if any, as may be determined under section 123, together with such documents as may be required by the Minister. (4) The Minister shall in considering an application referred to in subsection (3) have regard to the interests of the development of the mineral resources of Namibia and the technical and financial resources of, or available to, such person to carry on mining operations or prospecting operations on the claim to which such application relates. 27. Limitations on pegging of claims. (1) No claim shall, be pegged by a person referred to in section 25 - (a) between sunset and sunrise or on a Sunday or on any public holiday specified in the Schedule to the Public Holidays Act, 1990 (Act 26 of 1990); and (b) unless such person or any other person authorized thereto by him or her in writing, is present and in possession of such licence or a copy of such first-mentioned person's non-exclusive prospecting licence or the exclusive prospecting licence the case may be, certified as a true copy by a commissioner of oaths, on the land on which such claim is pegged. (2) The person referred to in subsection (1) shall allot to each claim pegged by him or her in accordance with the provisions of this section an ordinal number in consecutive order commencing from the number one. (3) Any person who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of an offence and on conviction 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. 28. Manner of pegging of claims. (1) Subject to the provisions of subsection (2), a claim - (a) shall be of rectangular shape of which the dimensions of its longer an shorter sides shall measure horizontally 600 and 300 meters, respectively; (b) shall not include portions of land which are not contiguous to each other. (2) The provisions of subsection (1) shall not apply in relation to a claim in respect of which the proximity of existing claims or mining claims or existing mining areas, prospecting areas or retention areas or the application of the provisions of section 16(2) renders such shape and dimensions impossible: Provided that the area of such claim shall not exceed 18 hectares. (3) Subject to the provisions of subsection (5), a claim referred to in subsection (1) shall be pegged by erecting - (a) two middle beacons 300 meters horizontally apart, each at the middle point of the long sides of such claim; (b) four corner beacons, each on one of the four corners of such claim; and (c) such line beacons between any of the beacons referred to in paragraphs (a) and (b) as may be necessary to ensure that the two beacons adjoining any beacon on the boundary of such claim are clearly visible from such last-mentioned beacon. (4) Subject to the provisions of subsection (5), a claim referred to in subsection (2) shall be pegged by erecting - (a) a corner beacon at each point where each line on the boundary of such claim changes direction on a horizontal level; and (b) such line beacons between any of the beacons referred to in paragraph (a) as may be necessary to ensure that the two beacons adjoining any beacon on the boundary of such claim are clearly visible from such last-mentioned beacon. (5) If the place at any point where a beacon is in terms of the provisions of this section required to be erected is not reasonably accessible, one indicatory beacon shall be erected on each one of he boundary lines which meet at such point as near as possible to such point indicating the position of such point. (6) Every beacon contemplated in this section shall consist of - (a) a peg, consisting of - (i) a metal rod in diameter of not less than 20 millimeters or a metal fencing pole of any diameter; or (ii) a wooden pole in diameter of not less than 50 millimeters, fixed, having regard to the nature of the surface of the land, firmly in an upright position projecting at least one meter above the surface of the ground; (b) a beacon plate at the uppermost end of the peg referred to in paragraph (a), consisting of a rectangular metal or strong wooden plate, the long and short sides of which shall measure not less than 300 millimeters and 230 millimeters, respectively; (c) a cairn of stones of conical shape having a diameter at its base of not less than one meter and is apex rising to at least 300 millimeters in height up the peg from the surface of the ground or, in an area where sufficient stones are not available, a heap of sand or gravel of such shape having a diameter at its base of not less than two meters and its apex rising to at least 300 millimeters in height up the peg from the surface of the ground; (d) where the nature of the surface of land permits, a trench of 300 millimeters deep and 300 millimeters wide surrounding the base of the cairn of stones or heap of sand or gravel referred to in paragraph (c); and (c) a trench of 300 millimeters deep and 300 millimeters wide or, where the nature of the surface of the land does not permit the digging of any such trench, a line of stones, extending outward from the base of the cairn a stones or heap of sand or gravel referred to in paragraph (c) for a distance of not less than two meters in the direction of the two beacons adjoining such beacon on the boundary of such claim. (7) Each beacon plate referred to in subsection (6) shall display in legible block letters of at least 25 millimeters in height - (a) the name of the holder of the licence in question; (b) the nature and number of the licence in question; (c) the ordinal number allotted by such holder to such claim in terms of section 27(2); (d) the date on which such claim was pegged in accordance with the provisions of subsection (3) or (4), as the case may be; (e) a description of the type of beacon as being a middle beacon, a corner beacon, a line beacon or an indicatory beacon, as the case may be; and (f) in the case of an indicatory beacon, the distance expressed in meters from the peg of such beacon to the point to which such indicatory beacon relates. (8) If a claim adjoining any existing claim is pegged and any beacon of such existing claim is situated on a point where a beacon for he first-mentioned claim is, in terms of the provisions of this section, required to be erected, the holder of the licence in question pegging such claim may, in erecting a beacon at such point, make use, without causing any damage to such first-mentioned beacon, of any part of such beacon other than the peg or beacon plate thereof. 29. Effect of pegging of claims. Subject to the provisions of' this Act, no person other than the holder of the licence in question who has pegged a claim as provided in section 28(3) or (4) shall carry on any prospecting operations, and no person shall peg any claim or carry on any mining operations on any such first-mentioned claim - (a) during a period of 21 days as from the date on which such claim was so pegged; or (b) if application has been made to the Commissioner for the registration of such claim in terms of section 33, during a period as from the date on which such application has been so made 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 registration of such claim is entered in the register referred to in section 36(2). 30. Powers of Commissioner in event of failure by holders to comply with provisions of this Part or disputes. (1) If the Commissioner has at any time, whether before or after the registration of a claim, reason to believe that the holder of the licence in question who has pegged a claim, has contravened or failed to comply with any provision of this Part, or if any dispute arises between any such holder and any other person who has a direct and substantial interest in any matter relating to such pegging whether such holder has contravened or has failed to comply with any such provision, the Commissioner shall make such investigations in such manner and in accordance with such procedure as he or she may deem necessary or expedient. (2) If after any investigation referred to in subsection (1), the Commissioner finds that the holder referred to in that subsection has contravened or failed to comply with any provision of this Part, the Commissioner - (a) may by notice in writing addressed and delivered to such holder inform such holder of his or her findings and the reasons for such finding and - (i) direct such holder to take, within the period specified in such notice such steps as the Commissioner may determine and specified in such notice, to give effect to the provisions of this Act; or (ii) declare the pegging of such claim to be null and void, whereupon such claim shall, for purposes of the provisions of this Act, be deemed to have been abandoned; and (b) may direct such holder or the other person referred to in subsection (1) to pay - (i) for the benefit of the State Revenue Fund the costs or any part of such costs incurred by the Commissioner in connection with such investigation; (ii) to the holder or such person, as the case may be, the coos or any part of such costs incurred by such holder or person in connection with any dispute between them which gave rise to such investigation. (3) A direction referred to in paragraph (b) of subsection (2) shall be executable as if such direction were a judgement of a magistrate's court. (4) Any person who contravenes or fails to comply with a direction referred to in subsection (2) shall be guilty of an offence and on conviction liable to a fine not exceeding R8 000 or to imprisonment for a period not exceeding 12 monks or to both such fine and imprisonment. (5) If the holder referred to in subsection (1) fails to take to the satisfaction of the Commissioner the steps specified in the notice referred to in paragraph (a) of subsection (2) within the period specified in such notice or such further period as the Commissioner may on good cause shown allow, the Commissioner may cause such sops to be taken and recover in a competent court the costs incurred thereby from such holder. |