67. Rights of holders of exclusive prospecting licences.

(1) Subject to the provisions of subsection (2) and the other provisions of this Act, the holder of an exclusive prospecting licence shall be entitled -

(a) to carry on prospecting operations in the prospecting area to which such licence relates in respect of such mineral or group of minerals specified in such licence;

(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 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 other 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 the 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;

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

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

(a) conferring on the holder of an exclusive prospecting licence any preferential right to any other licence in relation to any mineral or group of minerals, other than a mineral or group of minerals to which such exclusive prospecting licence relates, during the currency or on expiry of such exclusive prospecting licence;



(b) preventing the Minister from granting to -

(i) any other person in respect of' the prospecting area to which such exclusive prospecting licence relates -

(aa)a reconnaissance licence in respect of any mineral or group of minerals;

(bb)a reconnaissance licence by virtue of which an exclusive right is conferred upon the holder of such licence to carry on reconnaissance operations in respect of any mineral or group of minerals other than the mineral or group of minerals to which such exclusive prospecting licence relates;

(cc)an exclusive prospecting licence, mining licence or mineral deposit retention licence in respect of any mineral or group of minerals other than the mineral or group of minerals to which such first-mentioned exclusive prospecting licence relates;

(ii) any other holder of an exclusive prospecting licence approval to peg a claim in respect of any mineral or group of minerals to which such other holder's exclusive prospecting licence relates.

(3) (a) The holder of an exclusive prospecting licence shall not erect or construct any accessory works referred to in subsection (1)(d) 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 such exclusive prospecting 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.



(4) An application for the permission referred to in subsection (1)(c) 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 
maybe determined under section 123, together with such documents and information as may be required by the Commissioner.

(5) The holder of an 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 as the Commissioner may allow after such removal, 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 an exclusive prospecting licence who has contravened or failed to comply with the provisions of subsection (1)(c), (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 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 prospecting area to which the 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, as the case may be.


68. Applications for exclusive prospecting licences.

An application by any person for an exclusive prospecting 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; or

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

(b) shall state the period for which such exclusive prospecting licence is required and the mineral or group of minerals to which such application relates;

(c) 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 100 000 hectares in extent indicating 

(i) its location with reference to magisterial districts;

(ii) the name and number of any farm situated therein; and

(iii)the extent of such area defined by reference to identifiable physical features or co-ordinate reference points;





(d) shall contain a concise geological description of the area of land and, in the case of an application by a person who is the holder of a reconnaissance licence in respect of the area to which the application relates, the report or separate reports referred to in section 66(1)(d);

(e) shall contain particulars of -

(i) any licence, including any mining claim, 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, in the case of the holder of a reconnaissance licence by virtue of which an exclusive right is conferred in section 59(2) in the area to which the application relates, the mineral or group of minerals to which such exclusive right relates; 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;

(f) shall contain particulars of -

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

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

(g) 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 prospecting operations to which the application relates;



(h) shall contain particulars of the programme of such prospecting operations, the estimated expenditure in respect thereof, the period within which such operations will be carried on and such expenditure will be expended;

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

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


69. Exercise of powers by Minister to grant or refuse exclusive prospecting licences.

(1) Subject to the provisions of this section, the Minister -

(a) shall, in the case of an application for an exclusive prospecting licence by the holder of a reconnaissance licence to whom an exclusive right has been conferred in terms of section 59, subject to the provisions of sections 48(4) and (5) and 49, grant such application if such application relates to an area of land and a mineral or group of minerals to which such exclusive right relates; or

(b) may, in the case of any other application for an exclusive prospecting licence, subject to the provisions of sections 48(4) and (5) and 4, grant or refuse such application.

(2) Notwithstanding the provisions of subsection (1), the Minister shall not grant an application by any person for an exclusive prospecting 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 condition, direction or order determined, given or made under any such provision or is failing to comply with any such provision, condition, direction or order;

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

(i) with the proposed programme of prospecting operations or the proposed expenditure to be expended in respect of such operations;

(ii) that the person concerned has the technical and financial resources to carry on such prospecting 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 holder of a reconnaissance licence;

(e) in respect of any claim area or mining area;

(f) in respect of any area of land to which an exclusive prospecting licence or a mineral deposit retention licence relates in relation to a mineral or group of minerals to which such exclusive pros- licence or such mineral deposit retention licence relates;

(g) in respect of any prospecting area or retention area in relation to a mineral or group of minerals other than the mineral or group of minerals to which the exclusive prospecting licence or mineral deposit retention licence issued in respect of such areas relates, respectively, unless -

(i) such person has given notice in writing, not later than on the date on which such application is made, to the holder of the exclusive prospecting licence or mineral deposit retention licence to which such prospecting area or retention area, as the case may be, relates of his or her application or intended application, as the case may be, for such exclusive prospecting licence and has provided the Minister of proof in writing of having done so;

(ii) the Minister has afforded the holder referred to in subparagraph (i) a reasonable opportunity to make representations in relation to such application;



(iii)the Minister deems it, with due regard to representations made in terms of subparagraph (ii), if any, desirable in the interests of the development of the mineral resources of Namibia, to grant such licence; and

(iv) the Minister is on reasonable grounds satisfied that prospecting operations carried on by virtue of such licence will not detrimentally affect the rights of any holder of an exclusive prospecting licence or a mineral deposit retention licence, as the case may be, in respect of any such area.


70. Issue of exclusive prospecting licences. 

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

(2) The provisions of section 62 shall apply mutatis mutandis in relation to an exclusive prospecting licence. 


71. Duration of exclusive prospecting licences.

(1) Subject to the provisions of this Act, an exclusive prospecting licence shall be valid -

(a) for such period, not exceeding three years, as may be determined by the Minister at the time of the granting of such licence; and

(b) for such further periods, not exceeding two years at a time, as may be determined by the Minister at the time of the renewal of such licence as from the date on which such licence would have expired if an application for its renewal had not been made.

(2) An exclusive prospecting licence shall not be renewed on more than two occasions, unless the Minister deems it desirable in the interests of the development of the mineral resources of Namibia that an exclusive prospecting licence be renewed in any particular case on a third or subsequent occasion.

(3) Notwithstanding the provisions of subsection (1), but subject to the other provisions of this Act -

(a) an exclusive prospecting licence shall not expire during a period during which an application for the renewal of such licence 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 exclusive prospecting licence is renewed in consequence of such application; or

(b) where an application is made by the holder of an exclusive prospecting licence for a mineral deposit retention licence or a mining licence in relation to an area of land which forms part of the prospecting area and in respect of any mineral or group of minerals to which such exclusive prospecting licence relates, such exclusive prospecting licence shall not expire in relation to such area of land and such mineral or group of minerals, 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 mineral deposit retention licence is issued in consequence of such application.


72. Applications for renewal of exclusive prospecting licences.

(1) Subject to the provisions of subsection (2) of this section, the provisions of section 68 shall apply mutatis mutandis in relation to an application for the renewal of an exclusive prospecting licence.

(2) An application for the renewal of an exclusive prospecting licence shall -

(a) be made not later than 90 days before the date on which such licence will expire if it is not renewed or such later date, but not later than such expiry date, as the Minister may on good cause shown allow;

(b) not be made -

(i) in the case of a first application for the renewal of such licence, in respect of any land greater in extent than 75 per cent of the prospecting area in respect of which such licence has been issued; or



(ii) in the case of any other application for the renewal of such licence, in respect of any land greater in extent than 50 per cent of the prospecting area citing at the date of such application, 

without the approval of the Minister, granted in the interest of the development of the mineral resources of Namibia and on good cause shown by the holder of the exclusive prospecting licence in question; and

(c) be accompanied by a report in duplicate containing the particulars contemplated in section 76(1)(e) prepared in respect of the immediately preceding period of the currency of such exclusive prospecting licence.

(3) Subject to the provisions of subsection (1), the Minister shall not grant an application for the renewal of an exclusive prospecting licence, unless the Minister is on
reasonable grounds satisfied with the manner in which the programme of prospecting operations have been carried on or the expenditure expended in respect of such operation,

(4) The Minister shall not refuse to grant an application for the renewal of an exclusive prospecting licence -

(a) if the holder of such licence -

(i) has complied with all the terms and conditions of such licence;

(ii) has complied with the proposed programme of prospecting operations; and

(iii)has expended the expenditure in respect of such operations as in accordance with the terms of such mineral agreement;

(b) if the Minister is on reasonable grounds satisfied -

(i) with the proposed programme of prospecting operations or the proposed expenditure to be expended in respect of such operations;



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

(c) on the grounds thereof that such holder has contravened or failed to comply with any provision of this Act or any term and condition of such licence, unless the Minister has by notice in writing informed such holder of his or her intention to so refuse such application -

(i) setting out particulars of the contravention or failure in question; and

(ii) requiring such holder to make representations to the Minister in relation to such contravention or failure or to remedy such contravention or failure on or before a date specified in such notice,

and such holder has failed to so remedy such contravention or failure or make representations.


73. Applications for amendment of exclusive prospecting licences.

(1) Subject to the provisions of subsection (2), the holder of an exclusive prospecting licence may apply for the amendment of such licence -

(a) by the extension or reduction or the extension and reduction of the prospecting area to which such licence relates; or

(b) by the addition of any mineral or group of minerals to which such licence relates.

(2) The provisions of sections 68 and 69 shall apply mutatis mutandis in relation to an application referred to in subsection (1).

(3) If the Minister grants an application referred to in subsection (1) the Commissioner shall amend the licence in question accordingly.


74. Obligations of holders of exclusive prospecting licences. 

The provisions of section 41(1) shall apply mutatis mutandis in relation to the holder of an exclusive prospecting licence, and in such application -



(a) any reference to the registration of a mining claim, shall be construed as a reference to an exclusive prospecting licence;

(b) any reference to mining operations, shall be deemed to have been deleted;

(c) any reference to a claim area or a mining claim, shall be construed as a reference to a prospecting area; and

(d) the provisions of paragraphs (b) and (c) of section 41(1) shall be deemed to have been deleted.


75. Work programmes of prospecting operations.

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

(a) any reference to the holder of a mining claim, shall he construed as a reference to the holder of an exclusive prospecting licence;

(b) any reference to mining operations, shall be deemed to have been deleted; and

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


76. Records, maps, plans and financial statements to be kept, and information, reports and returns to be submitted, by holders of exclusive prospecting licences.

(1) The holder of an 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 location and results of all photogeological studies, imaging, geological mapping, geochemical sampling, geophysical surveying, drilling, pitting and trenching, sampling and bulk sampling carried on by such holder in the course of the prospecting operations carried on by him or her in the prospecting area to which such exclusive prospecting licence relates;



(ii) the results of all analytical, metallurgical and mineralogical work incidental to such prospecting operations;

(iii)the interpretation and assessment of the studies, surveys and work referred to in subparagraphs (i) and (ii);

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

(v) 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 was sold or otherwise disposed of;

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

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

(b) shall prepare or cause to be prepared and maintain at all times plans and maps in respect of the prospecting 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 1981) of such holder during the currency of such exclusive prospecting licence and each period during which such exclusive prospecting licence is renewed, a statement of income and expenditure derived or incurred in connection with any prospecting operations in such prospecting area and such other financial statement, defined in section 1 of the Income Tax form as the Commissioner may determine;



(d) shall submit within 30 days after the end of each quarter during the currency of such exclusive prospecting licence to the Commissioner in such form as may be determined in writing by the Commissioner a return or returns containing in relation to such quarter -

(i) a summary of the particulars and information contained in the records referred to in paragraph (a) 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 carried on by such holder; and

(e) shall submit, within 60 days after the end of the currency of such exclusive prospecting licence and of each period during which such exclusive prospecting licence has been renewed in respect of the whole of the prospecting area, or together with an application for the renewal of such exclusive prospecting licence or an application for a mineral deposit retention licence or mining licence in respect of the whole or any portion of the prospecting 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 a mineral deposit retention licence or mining licence in respect of a portion of the prospecting area, separate reports in duplicate in respect of such portion and the remainder of such prospecting area containing in relation to such period -

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



(bb)all information, including photographs, tabulations, tapes and discs,
but excluding information contained in a report furnished in terms of section 53(2), in the records referred to in paragraph (a) and the plans and maps referred to in paragraph (b);

(cc)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; 

(dd)an estimate of the mineral reserves in the prospecting area properly illustrated by way of plans and maps according to an appropriate scale; and

(ee)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).

(2) In the event of the cancellation of an exclusive prospecting licence under section 55 or the expiration of an exclusive prospecting licence, the person who was the holder of such licence immediately before such cancellation or expiration shall on a date not later than one month after the date of such cancellation or expiration 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 prospecting 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 a mineral deposit retention licence or a mining licence is issued to such person in relation to the area to which such exclusive prospecting 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 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.