31. Rights of holders of mining claims.

(1) Subject to the provisions of this Act and the terms and conditions subject to which any mining claim has been registered, he holder of a mining claim shall be entitled -

(a) to carry on mining operations on such mining claim for any mineral or group of minerals in respect of which such mining claim has been registered;

(b) to carry on such mining claim -

(i) in lieu of any mining operations referred to in paragraph (a), any prospecting operations in relation to any mineral or group of minerals for a period not exceeding six months as from the date on which such mining claim is registered or, upon the expiry of such period, such further period as the Commissioner may, on application to the Commissioner by the holder of such mining claim in such form as may be deter mined in writing by the Commissioner and on good cause shown, approve in writing;

(ii) in conjunction with any mining operations referred to in paragraph (a), any prospecting operations in relation to any mineral or group of minerals;

(c) 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 sale or disposal, from any place where it was won or mined in the course of mining operations referred to in paragraph (a) or found or incidentally won in the course of prospecting operations referred to in paragraph (b) to any other place within Namibia;

(d) with the permission in writing of the Commissioner previously obtained generally or in every particular case and subject to such terms and conditions as may be determined by the



Commissioner or subject to the conditions of an exemption granted under section 137 -

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

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

(iii)to remove from the claim area, for purposes of sale or disposal, any mineral or group of minerals, won or mined in the course of mining operations referred to in paragraph (a) or found or incidentally won in the course of prospecting operations referred to in paragraph (b)(i);

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

(e) to carry on such other operations, including the erection or construction of accessory works, as may be reasonably necessary for, or in connection with, any mining operations, prospecting operations, removal, selling or disposal contemplated in paragraph (a), (b), (c) or (d).

(2) The provisions of sections 52(1)(a), (b), (c), (d), (e) and (f), (2), (3), (4), (5), (6) and (7) and 53 shall apply mutatis mutandis in relation to the exercise by the holder
of a mining claim of the right to carry on mining operations or prospecting operations referred to in this section.



(3) (a) The holder of a mining claim shall not erect or construct any accessory works referred to in subsection (1)(c) 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 a mining claim situated on private land, unless the holder of the mining claim -

(i) has entered into an agreement in writing with the owner of such land containing terms and conditions relating to the payment of compensation and has submitted a copy of such agreement to the Commissioner; or

(ii) has been granted an ancillary right as provided in section 110(4) to exercise such rights on such land.

(4) An application -

(a) to carry on prospecting operations in accordance with the provisions of subsection (1)(b)(i) for a period longer than six months;

(b) for the permission referred to in subsection (1)(d) or (3), 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 mining claim who has removed, as contemplated in paragraph (c) 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 won, for any purpose other than for sale or disposal, to any other 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 mining claim who has contravened or failed to comply with the provisions of subsection (1)(b)(i) or (d), (3) 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 an offence referred to in subsection (1)(d)(iii), it is proved -

(i) that the holder referred to in that paragraph has removed any mineral or group of minerals from the claim area to which the mining claim 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)(d); 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, as the case may be.


32. Persons who may apply for registration of claims.

A person who has pegged a claim in accordance with the provisions of Part VI may apply for the registration of such claim.


33. Applications for registration of claims.

(1) Subject to the provisions of this section, an application for the registration of a claim shall be made to the Commissioner in such form as may be determined in writing by the Commissioner within 21 days as from the date on which such claim has been pegged as provided in section 28, and shall be accompanied by such application fee and such claim fee in respect of the first registration period of such mining claim 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 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 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 yews immediately preceding such date; and

(c) shall contain -



(i) particulars of the mineral or group of minerals which such holder intends to mine on such claim;

(ii) the date on which such claim was pegged in accordance with the provisions of section 28(3) or (4), as the case may be;

(iii)the ordinal number allotted by such holder to such claim in terms of section 27(2);

(iv) the number and, if any, the name of the property on, and the magisterial district in, which the claim has been pegged, and the name and postal address of the owner of such property;

(v) 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 mining operations or prospecting operations on the claim to which the application relates; and

(vi) particulars of -

(aa)the condition of, and any existing damage to, the environment in the area to which the application relates; and

(bb)an estimate of the effect which the proposed prospecting operations and mining operations may have on the environment and the proposed steps to be taken in order to minimize or prevent any such effect;

(d) shall contain, in the case of an application for the renewal of the registration of a mining claim, particulars of -

(i) mining operations carried on the mining claim in question and the amount expended in respect of such mining claim during the period as from the date on which it was registered or, if such registration was previously 


renewed, the date on which it was so renewed, to a date not later than 14 days prior to such application; and

(ii) any mineral or a group of minerals mined on such mining claim and sold or otherwise disposed of during such period as the Commissioner may require;

(e) shall be accompanied by a sketch-plan in quadruplicate, together with such certificate as the Commissioner may require verifying the accuracy of such sketch-plan and confirming that the beacons of such claim have been erected in accordance with the provisions of Part VI -

(i) drawn as near as possible to scale in ink on strong or durable paper;

(ii) showing the direction of either the true or magnetic north pointing towards the top edge of such paper;

(iii)showing the relative position of every middle beacon, corner beacon, line beacon or indicatory beacon erected on the boundaries of such claim, and the length of each boundary line of such claim;

(iv) showing the position of all adjoining claims, mining claims or mining areas, exclusive prospecting areas or retention areas which are marked by beacons, the names of holders of such licences and the ordinal numbers appearing on such beacons;

(v) showing the position of such claim relative to -

(aa)the boundaries of, and any buildings on, the property on which such claim is pegged and the approximate angle of direction to, and distance from, at least one of the corner beacons of the claim to the nearest corner beacon or peg of such property;



(bb)any building, water supply, road, rail way, river-bed, fence, trigonometrical beacon, claim, mining claim, mining area, exclusive prospecting area or retention area which is marked with beacons within such claim or within 500 meters of any boundary of such claim; and

(vi) showing any other particulars so as to enable the claim to be located on the land where it is situated and to be plotted on a topocadastral map;

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

(g) 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).


34. Powers of Commissioner in respect of applications for registration of claims.

(1) The Commissioner may at any time after the receipt of any application referred to in section 33 for the registration of a claim, 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, are the shareholders of such company; and

(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, and may, in consequence of any such investigations, give such directions in writing to the person referred to in subsection (1) in relation to such application as the Commissioner may deem reasonably necessary or expedient.

(3) In considering any application referred to in subsection (1) and the terms and conditions subject to which such application may be granted, the Commissioner
shall take into account the need to conserve and protect the natural resources in, on or under the land to which the application relates and in, on or under adjoining or
neighbouring land.


35. Restrictions on grant of applications for registration of claims.

The Commissioner shall not grant an application for the registration by any person of a claim -

(a) unless such person is a person referred to in section 32;

(b) unless such person has complied with the provisions of Part VI;

(c) 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 provision of this Act or is failing to comply with any such provision, term and condition, direction or order;

(d) unless such claim is situated in an area of land in which, and relates to any mineral or group of minerals in respect of' which, such person was entitled, at the time of the pegging of such claim, to carry on prospecting operations;

(e) unless the Commissioner is on reasonable grounds satisfied -

(i) that such claim contains a mineral or a group of minerals to which the application relates which in the Commissioner's opinion may be mined and sold or otherwise disposed of on a profitable basis;



(ii) that such person intends to carry on mining operations in good faith and has the technical and financial resources to do so; and

(iii)that in the course of any such mining operations or any prospecting operations which may be carried on in lieu of' such mining operations appropriate measures will be taken to minimize or prevent any pollution of the environment.


36. Registration of claims.

(1) The Commissioner shall, upon the granting of an application for registration of a claim -

(a) register such claim, subject to such terms and conditions as may be determined in writing by the Commissioner.

(b) enter such registration in the register of mining claims kept in terms of subsection (2);

(c) issue, in such form as may be determined in writing by the Commissioner, a registration certificate to the person concerned which shall -

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

(ii) state the date on which and the period for which such mining claim is registered;

(iii)contain a copy of the sketch-plan referred to in section 33(2)(e) or 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 claim area in question containing geometrical or numerical depictions or any combination of such depiction and a description in words or symbols of such mining claim;

(iv) state the mineral or group of minerals in respect of which such mining claim is registered;



(v) state, whether or not by way of an annexure to such registration certificate, the terms and conditions subject to which such mining claim has been registered; and

(vi) contain such other particulars as the Commissioner may, either generally or in any particular case, determine; and

(d) forthwith inform the owner of the land on which the claim is situated by notice in writing of the registration of such claim and furnish such owner of such particulars of the holder and the location of such claim as the Commissioner may deem appropriate.

(2) The Commissioner shall keep and maintain a register of mining claims in which shall be recorded -

(a) the full names and such other particulars of the holder and jolt holder of a mining claim or interest in such mining claim in whose name such mining claim or interest has been registered or to whom such claim has been transferred or to whom an interest in such mining claim has been granted, ceded or assigned as may be determined in writing by the Commissioner and, in the case of a holder or joint holder of a mining claim who is resident outside Namibia, the full names and address of his or her accredited agent;

(b) the date on which such mining claim has been registered or transferred or any interest in such mining claim has been granted, ceded or assigned or a person has been joined as joint holder of such mining claim or interest and the date on which such mining claim will lapse in terms of section 37;

(c) the date on which the registration of such claim has been renewed in terms of section 38 and the date on which such registration will lapse after such renewal;



(d) a description of the location of such mining claim, including, if furnished or otherwise acquired in terms of section 40(3)(a) or 41(3), the longitude and latitude co-ordinates of any beacons of such claim;

(e) the minerals or group of minerals in respect of which such mining claim has been registered;

(f) particulars of any permissions granted under any provision of this Act in relation to such mining claim;

(g) the date on which the registration of such mining claim has been cancelled in terms of section 44;

(h) particulars of' any agreement or ancillary right referred to in section 52, as applied by section 3 121 and 

(i) such other particulars as may in the opinion of the Commissioner be necessary for purposes of carrying out the provisions of this Act to effect an efficient system of registration of mining claims and any interests in such mining claims.

(3) A copy of the registration certificate issued in terms of paragraph (c) of subsection (1) and the register referred to in subsection (2) shall during ordinary office
hours be open for inspection by any person free of charge, and any person may on payment of such fee as may be determined under section 123 obtain copies of such
registration certificate or extracts from such register.


37. Duration of mining claims.

(1) Subject to the provisions of this Act, the registration of a mining claim shall 
lapse -

(a) on a date three years as from the date on which such mining claim has been registered;

(b) on such later date or dates not exceeding two years at a time as from the date on which such registration has from time to time been renewed in terms of section 38; or

(c) on the date on which a mineral deposit retention licence or a mining licence is issued to the holder of such mining claim in respect of the claim area.



(2) Notwithstanding the provisions of subsection (1), but subject to the other provisions of this Act, where an application is made by the holder of a mining claim for -

(a) the renewal of the registration of' such mining claim; or

(b) a mineral deposit retention licence or a mining licence in relation to the claim area of such mining claim,

the registration of such mining claim shall not lapse 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 a registration certificate is issued in respect of such renewal or, as the case may be, a mineral deposit retention licence or mining licence is issued in consequence of such application.


38. Applications for renewal of registration of mining claims. 

(1) Subject to the provisions of subsection (2) of this section, the provisions of sections 33, 34, 35 and 36 shall apply mutatis mutandis in relation to an application for the renewal of the registration of a mining claim.

(2) An application for the renewal of the registration of a mining claim shall be made not later than 90 days before the date on which the registration of such mining
claim will lapse if it is not renewed or such later date, but not later than the date on which such registration will lapse, as the Commissioner may on good cause shown
allow.


39. Transfer of mining claims, and grant, cession or assignment of interests in mining claims, and joinder of persons as joint holders of such mining claims or interests.

(1) An application for the approval of the Minister for the transfer of a mining claim to any other person or for the grant, cession or assignment of an interest in any mining claim, or to be joined as a joint holder of a mining claim or such interest, shall be made to the Commissioner in such form as may be determined in writing by him or her and shall be accompanied by -

(a) an agreement in writing entered into between the holder of the mining claim and the person to whom such mining claim is to be transferred or, to whom any interest in such mining claim is to be granted, ceded or assigned or the person to be joined as a joint holder of such mining claim or interest in which it is agreed to the satisfaction of the Minister that such transfer, grant, cession or



assignment is, subject to the approval of the Minister, final;

(b) the registration certificate issued to the holder of such mining claim and a sketch-plan, in quadruplicate, of such mining claim bearing its ordinal number; and

(c) such application In if any, as may be determined under section 123.

(2) Subject to the provisions of this Act, the Minister 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).

(3) The Minister shall not grant an application referred to in subsection (1) -

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

(b) unless the person to whom the mining claim is to be transferred or an interest in such mining claim .is to be granted, ceded or assigned or the person to be joined as a joint holder of such mining claim or interest is a person contemplated in paragraph (a), (b), (c) or (d) of subsection (1) of section 25. 

(4) The Commissioner shall, upon the granting of an application referred to in subsection (1) -

(a) register the transfer of the mining claim or the grant, cession or assignment of an interest in a mining claim or joinder of a person as joint holder of such mining claim or such interest mutatis mutandis in accordance with the provisions of section 31 and shall thereupon issue mutatis mutandis in accordance with the provisions of section 36(1)(c) a new or other appropriate registration certificate in which such transfer, grant, cession, assignment or joinder is reflected; and 

(a) notify mutatis mutandis in accordance with the provisions of section 36(1)(d) the owner of the 


land on which such mining claim is situated of the transfer of such mining claim or the grant, cession or assignment of an interest in such claim or the joinder of a joint holder of such mining claim or interest.

(5) The person to whom a mining claim has, in terms of the provisions of this section, been transferred shall, within 30 days as from the date on which a registration
certificate has been issued to him or her, with due regard to the provisions of Part VI, substitute on every claim beacon of such mining claim his or her own peg for the peg of the person from whom such mining claim was transferred bearing, in addition to the particulars referred to in section 28(7), words indicating from whom and the date on which such claim was transferred.

(6) The transfer of a mining claim or the grant, cession or assignment of any interest in a mining claim or the joinder of a person as joint holder of such mining claim or interest shall not affect any legal proceedings instituted against the holder of such claim, and such legal proceedings shall be continued as if such transfer, grant, cession, assignment or joinder had not taken place.

(7) Where -

(a.) any mining claim is transferred in accordance with the provisions of this Act;

(b) any interest in any mining claim is so granted, ceded or assigned; or

(b) any person is so joined as joint holder of such mining claim or interest, 

all the rights, liabilities and obligations which vested in the holder of such mining claim on the date immediately before such transfer, grant, cession, assignment or joinder shall vest, as from the date of such transfer, grant, cession, assignment or joinder, in the person to whom such mining claim was so transferred or such interest was so granted,
ceded or assigned or who was so joined, in so far as such mining claim was so transferred or such interest was so granted, ceded or assigned or such person was so joined.

(8) The provisions of subsection (7) shall not be construed as -



(a) limiting the right of, or preventing, any person to whom private land on which a mining claim is situated is transferred from, requiring from the holder of any such mining claim to enter into a new agreement contemplated in section 52(1)(a)(i); or

(b) in the absence of any such agreement, limiting the right of, or preventing, such holder to obtain an ancillary right as provided in section 110(4).

(9) Any holder of a mining claim who contravenes or fails to comply with the provisions of subsection (5) shall be guilty of an offence and liable upon conviction to a fine not exceeding R 1 000 or to imprisonment for a period not exceeding six months.


40. Directions to holders of mining claims.

(1) The provisions of section 57 shall apply mutatis mutandis in relation to a mining claim.

(2) in the application of the provisions of section 57 -

(a) any reference to the Minister, shall be construed as a reference to the Commissioner;

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

(c) any reference to reconnaissance operations shall be deemed to have been deleted.

(3) (a) The Commissioner may at any time -

(i) by notice in writing addressed and delivered to the holder of a mining claim require such holder to furnish the Commissioner within such period as may be determined by him or her in such notice of the longitude and latitude co-ordinates of each corner beacon of such claim; or

(ii) cause the beacons of any mining claim to be surveyed and the longitude and latitude co-ordinates of such beacons to be determined,

and may enter such co-ordinates into the register referred to in section 36(2).



(b) Any holder of a mining claim referred to in paragraph (a) who fails to comply with a notice referred to in that paragraph 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.


41. General terms and conditions of registration of mining claims.

(1) It shall be a term and condition of the registration of a mining claim that the holder of such mining claim shall -

(a) exercise any right granted to him or her in terms of the provisions of this Act reasonably and in such manner that the rights and interests of the owner of any land to which such mining claim relates are not adversely affected, except to the extent to which such owner is compensated;

(b) carry on, in accordance with the provisions of section 31, mining operations or prospecting operations in the claim area in accordance with good mining practices or good prospecting practices;

(c) maintain all beacons erected on such mining claim in such a condition that they at all times comply with the provisions of section 28(6) and (7);

(d) at the request of -

(i) the Commissioner;

(ii) the owner of the land on which such mining claim is situated;

(iii) the holder of a licence who desires to peg in terms of Part VI a claim adjoining such mining claim; or

(iv) the holder of an exclusive prospecting licence, a mineral deposit retention licence or a mining licence in respect of a prospecting area, a retention area or mining area, as the case may be, adjoining such mining claim,



point out all beacons erected on such mining claim upon payment of any expenses to be incurred by the holder of such mining claim or, if such beacons as shown on the sketch-plan referred to in section 33(2)(e) cannot readily be located on the land, free of charge;

(c) take all reasonable steps necessary to secure, in accordance with any applicable law, the safety, welfare and health of persons employed in such claim area, and to prevent or minimize any pollution of the environment;

(f) maintain, in accordance with any applicable law, in good condition and repair all accessory works in such claim area;

(g) remove from such claim area all structures, equipment and other goods not used or intended to be used in connection with mining operations and prospecting operations;

(h) take, in accordance with any applicable law, reasonable steps to warn persons who may from time to time be in the vicinity of any accessory works of the possible hazards resulting there from;

(i) give to the Commissioner notice of -

(i) the discovery of any mineral or group of minerals other than a mineral or group of minerals to which such mining claim relates;

(ii) the discovery, as defined in section 1 of the Petroleum (Exploration and Production) Act, 1991 (Act 2 of 1991), of petroleum,

within 30 days after such discovery; and

(j) in the case of a company, give to the Commissioner notice of any change of -

(i) the name of such company;

(ii) the registered address and principal place of business of the company in Namibia;



(iii)the directors of the company;

(iv) the share capital of the company;

(v) the beneficial owner of more than five per cent of the shares issued by such company,

within 30 days as from such change.

(k) in the case of a natural person, give to the Commissioner notice of any change of the address of such person within 30 days as from such change.

(2) (a) If the holder of a mining claim referred to in subsection (1) fails to comply with the provisions of that subsection, the Commissioner may at any time by notice in writing addressed and delivered to such holder, direct such holder to take, within the period specified in such notice, such steps as may be so specified.

(b) A holder referred to in paragraph (a) who contravenes or fails to comply with a direction given under that paragraph 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.

(c) If the holder referred to in paragraph (a) fails to take to the satisfaction of the Commissioner the steps specified in the notice so referred to 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 steps to be taken, and recover in a competent court the costs incurred thereby from such holder.

(3) The Commissioner may cause any beacons pointed out in terms of paragraph (d) of subsection (1) to be surveyed and may enter the longitude and latitude co-ordinates of such beacons so determined into the register referred to in section 36(2).



42. Work programmes of prospecting operations and mining operations.

(1) The holder of a mining claim who is, by virtue of the terms and conditions of registration of such mining claim, required to carry on, within a particular period and in accordance with a work programme, certain mining operations, prospecting operations or other operations referred to in paragraph (c) of subsection (1) of section 31, or to expend certain expenditure, shall furnish the Commissioner on such date or dates as may be determined by the Commissioner and made known by notice in writing addressed and delivered to such holder, with particulars of such mining operations, prospecting operations, other operations or expenditure.

(2) The Minister may, on application made to him or her by the holder of a mining claim, by notice in writing addressed and delivered to such holder, amend any work programme or expenditure referred to in subsection (1) in accordance with proposals contained in such application or to such extent as the Minister may deem appropriate.

(3) The holder of a mining claim who contravenes or fails to comply with the requirements of a work programme referred to in subsection (1) 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.


43. Abandonment of mining claims.

(1) The holder of a mining claim may abandon such mining claim by notice in writing addressed and delivered to the Commissioner and shall together with such notice return the registration certificate of such claim, whereupon -

(a) the Commissioner shall -

(i) cancel such registration certificate;

(ii) make an entry to that effect in the register of mining claims referred to in section 36(2);

(iii)notify the person who was the holder of such mining claim that such registration certificate has been cancelled; and

(iv) notify the owner of the land on which such claim was situated of such abandonment and provide such owner with a sketch-plan of such mining claim referred to in section 33(2)(e); and



(b) such mining claim shall be deemed to have been abandoned on the date on which such registration certificate has been cancelled as provided in subparagraph (i) of paragraph (a).

(2) If a mining claim is abandoned as contemplated in subsection (1), the holder of such mining claim shall -

(a) within 30 days as from the date of the cancellation of the registration certificate as provided in subsection (1), remove all beacons erected by him or her on such claim and, in the case of a beacon used as a joint beacon, his or her peg and beacon plate without causing damage to any other part of such beacon;

(b) demolish any accessory works erected or constructed by such person in the claim area to which the mining claim related, except in so far as the owner of the land retains such accessory works on such terms and conditions as may mutually be agreed upon between such owner and person, and remove from such land all debris and any other object brought onto such land; and

(c) take all such steps as may be necessary to remedy to the reasonable satisfaction of the Minister any damage caused by any prospecting operations and mining operations carried on by such holder to the surface of, and the environment on, the land in the claim area in question.

(3) The abandonment of a mining claim shall not affect any legal proceedings instituted against such holder or any obligation or liability of such holder in terms of the provisions of this Act.

(4) Any person who contravenes or fails to comply with the provisions of subsection (2) 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.


44. Cancellation of registration of mining claims.

(1) The provisions of section 55 shall apply mutatis mutandis in relation to the cancellation of the registration of any mining claim.

(2) For purposes of the application of section 55, as applied by subsection (1) of this section -



(a) any reference to the Minister, shall be construed as a reference to the Commissioner;

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

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


45. Records, maps, plans and financial statements to be kept, and information, reports and returns to be submitted, by holders of mining claims.

(1) The holder of a mining claim -

(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) any mining operations referred to in section 31 (1)(a) -

(aa)the nature, appraisal and results of all mining operations carried on in the claim area to which such mining claim relates;

(bb)the nature and mass or volume of any mineral or group of minerals won or mined on such mining claim and treated or stockpiled on such mining claim or elsewhere;

(cc)the nature, mass or volume and value of any mineral or group of minerals so won or mined, sold or otherwise disposed of and the full names and address of any person to whom such mineral or group of minerals was sold or otherwise disposed of;

(dd)the nature and mass or volume of any waste removed from such mining claim and the manner in which it was disposed of;



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

(ff) the unit operating and off-mine costs incurred;

(gg)the expenses incurred by such holder in the course of such mining operations; and

(hh)such other work carded on in the course of such mining operations as
may be determined by the Commissioner and specified by notice in writing addressed and delivered to such holder; and

(ii) any, prospecting operations referred to in section 31(1)(b) -

(aa)the nature, location and results of all prospecting operations carried on by such holder, and the interpretation and assessment of such operations;

(bb)the nature and mass or volume of any mineral or group of minerals found or incidentally won in the course of such prospecting operations;

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

(dd)the expenses incurred by such holder in the course of such prospecting operations; and



(ee)such other work carried on in the course of such prospecting operations
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;

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

(c) shall prepare, in respect of each year of assessment, as defined in section 1 of the Income Tax Act, 1981 (Act 24 of 198 1), of such holder during the registration of such mining claim, a statement of income and expenditure derived or incurred in connection with any prospecting operations and mining operations on such mining claim, including a balance sheet and profit and loss account, and such other financial statements as the Commissioner may require in such form as the Commissioner may determine;

(d) shall submit within 15 days after the end of each month or such longer period as the Commissioner may, on good cause shown, determine in writing during the currency of the registration of such mining claim to the Commissioner in such form as may be so determined by the Commissioner a return or returns containing in relation to such month or period -

(i) such summary of the particulars and information contained in the records referred to in paragraph (a)(i), excluding item (ff) thereof, as may be required by the Commissioner and indicated in such form or requested by the Commissioner by notice in writing addressed and delivered to such holder; and

(ii) such other particulars as the Commissioner may require in relation to the prospecting operations and mining operations carried on by such holder on such mining claim;



(e) shall submit within 60 days after 31 December in each year to the Commissioner in such form as may be determined in writing by the Commissioner -

(i) a return containing in relation to such year -

(aa)a summary of the particulars and information contained in the records
referred to in paragraph (a)(i) as may be required by the Commissioner and indicated in such form or otherwise requested by the Commissioner by notice in writing addressed and delivered to such holder;

(bb)an estimate of the remaining mineral reserves in such mining claim properly illustrated by way of plans and maps according to an appropriate scale;

(cc)particulars of any proposed mining operations during the succeeding year, together with a forecast of the source of such mining operations in terms of delineated mineral reserves; and

(dd)such other particulars as the Commissioner may require in relation to the prospecting operations and mining operations carried on by such holder on such mining claim;

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

(f) shall submit, together with an application referred to in section 31(l)(b)(i) or an application for the renewal of the registration of a mining claim referred to in section 38 in respect of the whole of the claim area or an application for a mineral deposit retention licence or a mining licence in respect of the whole or any portion of the mining claim, to the Commissioner in such form as may be determined in writing by the Commissioner -



(i) a report in duplicate or, in the case where application is made for a mineral deposit retention licence or a mining licence in respect of a portion of the mining claim, separate reports in duplicate in respect of such portion and the remainder of such claim area, containing in relation to the period immediately before the date of such application, reckoned from the date of registration of such mining claim or the date of renewal of such registration, as the case may be - 

(aa)all information in the records referred to in paragraph (a) and the plans and geological maps referred to in paragraph (b);

(bb)an estimate of the remaining mineral reserves in such mining claim properly illustrated by way of plans and maps according to an appropriate scale; and

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

(ii) the statement of income and expenditure and financial statements referred to in paragraph (c) in relation to the period, immediately before the date of such application, reckoned from the date of registration of such mining claim or the date on which the last such statements have been submitted in terms of paragraph (e)(ii).

(2) In the event of the cancellation of the registration of a mining claim under section 44 or the lapsing of such registration, the person who was the holder of such mining claim immediately before such cancellation or lapsing shall on a date not later than one month after the date of such cancellation or lapsing 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 any prospecting operations and mining operations carried on in such mining claim; 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 a mineral deposit retention licence or a mining licence is issued to such person in relation to the area to which such mining claim 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 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.