77. Rights of holders of mineral deposit retention licences.

(1) Subject to the provisions of subsection (2) and the other provisions of this Act, the holder of a mineral deposit retention licence shall be entitled -

(a) to retain the retention area to which such mineral deposit retention licence relates for future mining operations;

(b) to carry on, in order to determine from time to time the prospects of mining any mineral or group of minerals to which such mineral deposit retention licence relates on a profitable basis, prospecting operations in such retention area;

(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 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 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, where it was found or incidentally won in course of prospecting operations referred to in paragraph (b) 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


(b) 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;

(c) to carry on, in order to determine from time to time the prospects of mining any mineral or group of minerals to which such licence relates on a profitable basis, such other investigations and operations, including the erection or construction of accessory works, in such retention area as may be reasonably necessary for, or in connection with, any future mining operations or any prospecting operations contemplated in paragraph (b).

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

(a) conferring on the holder of a mineral deposit retention 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 mineral deposit retention licence relates, during the currency or on expiry of such mineral deposit retention licence;

(b) preventing the Minister from granting to any other person in respect of the retention area to which such mineral deposit retention licence relates -

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

(ii) 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 mineral deposit retention licence relates;



(iii)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 mineral deposit retention licence relates.

(3) (a) The holder of a mineral deposit retention licence 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 accessory works to be erected or constructed on private land, unless the holder of such mineral deposit retention 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)(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 mineral deposit retention licence 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 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 a mineral deposit retention licence who has contravened or failed to comply with the provisions of subsection (1)(d), (3) or (5) shall be guilty of an offence and on conviction be 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)(d)(iii), it is proved -

(i) that the holder referred to in that paragraph has removed any mineral or group of minerals from the retention area to which the mineral deposit retention 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)(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.


78. Persons who may apply for mineral deposit retention licences.

Notwithstanding the provisions of section 46, no person shall apply for a mineral deposit retention licence, unless such person is the holder of an exclusive prospecting licence or a mining claim in relation to the area of land and the mineral or group of minerals to which his or her application relates.


79. Applications for mineral deposit retention licences.

An application by any person for a mineral deposit retention 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 1 the beneficial owner a 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 state the period for which such mineral deposit retention licence is required;

(c) shall be accompanied by a detailed plan of the area to which the application relates drawn according to an appropriate scale of such area, 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 detailed geological description of the area of land to which the application relates -

(i) in which the mineral or group of minerals to which such application relates is set out; 

(ii) which includes an estimate, substantiated by documentary proof or such other proof as may be required by the Commissioner, of the mineral reserves in such retention area and properly illustrated by way of' plans and maps drawn according to an appropriate seal; and

(iii)which, in the case of an application made consequent upon prospecting operations carried on in lieu of mining operations on a mining claim or prospecting operations carried on in terms of' an exclusive prospecting licence of which the person applying for the mineral deposit retention licence is 

the holder, the report and the separate reports, if any, referred to in section
76(1)(e)(i);

(e) shall contain particulars of -

(i) any licence, including any mining claim, issued in terms of the provisions of this Act held by such person alone or jointly with any other person and the mineral or group of' minerals to which any such licence or mining claim 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 minimize or prevent 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;

(h) shall be accompanied by a statement containing -

(i) the reasons why any deposit of any mineral or group of minerals contained in the area of land to which the application relates cannot at the time of the application be won or mined on a profitable basis;



(ii) an indication of the circumstances in which, and the earliest date on which, such mineral or group of minerals can be won or ruined on a profitable basis; and

(iii)the reasons why no further prospecting operations can usefully be carried on in such prospecting area or on such mining claim or the portion thereof to which the application relates;

(i) shall be accompanied by such other documents and information as the Minister may require in relation to such application; and 

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


80. Exercise of powers of Minister to grant or refuse mineral deposit retention licences. 

(1) The Minister shall not grant an application for a mineral deposit retention licence to a person who is, in terms of section 78, entitled to apply for such licence -

(a) in respect of an area larger than an area which in the opinion of the Minister would be required, having regard to the available minerals or groups of minerals in the area to which the application relates, to carry on the proposed future mining operations;

(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) in relation to any mineral or group of minerals, unless the Minister is on reasonable grounds satisfied -

(i) that the deposit of the mineral or group of' minerals in the area to which the application relates cannot, for the reasons set out in the application, be won or mined on a profitable basis at the time and can probably be so won or mined on the expiration of the period contemplated in section 82;



(ii) that no further prospecting operations can usefully be carried on in the area to which the application relates; and

(iii)that it is desirable, having regard to the future utilization of the mineral resources of Namibia, to grant such licence;

(d) in relation to the area of land to which such application relates in respect of any mineral or group of minerals, if at the time of such application -

(i) such area of land forms part of any prospecting area in relation to any mineral or group of minerals other than the mineral or group of minerals to which the exclusive prospecting licence issued in respect of that area relates, unless -

(aa)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 to which such prospecting area relates of his or her application or intended application, as the case may be, for such mineral deposit retention licence;

(bb)the Minister has afforded the holder referred to in item (aa) a reasonable opportunity to make representations in relation to such application;

(cc)the Minister deems it, with due regard to any representations made in terms of item (bb), desirable, having regard to the future utilization of the mineral resources of Namibia, to grant such licence;

(dd)the Minister is on reasonable grounds satisfied that prospecting operations referred to in paragraph (b) of section 77(1) and any other investigations and operations referred to in paragraph (e) of that section to be carried on by virtue of such licence will not detrimentally affect the rights of any holder of an 

exclusive prospecting licence in respect of any such area and that the prospecting operations carried on by the holder of the exclusive prospecting licence on that portion of the prospecting area to which the application relates have little or no prospects of success of discovering any mineral or group of minerals which may in the opinion of the Minister be won or mined on a profitable basis;

(ii) such area Of land forms part of any retention area in relation to any mineral or group of minerals other than the mineral or group of minerals to which the mineral deposit retention licence issued in respect of that area relates, unless -

(aa)the Minister deems it desirable, having regard to the future utilization of the mineral resources of Namibia, to grant such licence;

(bb)the Minister is on reasonable grounds satisfied that prospecting operations referred to in paragraph (b) of section 77(1) and any other investigations and operations referred to in paragraph (e) of that section to be carried on by virtue of such licence will not detrimentally affect the rights of any holder of the mineral deposit retention licence in respect of any such area;

(cc)the holder of the mineral deposit retention licence has consented to the
mineral deposit retention licence being granted.

(2) The Minister shall not refuse to grant an application for a mineral deposit retention licence on any grounds contemplated in subsection (1)(b), unless the
Minister -

(a) has by notice in writing informed such holder of his or her intention to so refuse such application -

(i) setting out particulars of the grounds on which his or her intention is based; and 


(ii) requiring such holder to make representations to the Minister in relation to such grounds or to remedy any matter relating to such grounds specified in such notice, and such holder has failed to so remedy such matter or to make representations; and

(b) has taken into consideration any representations made by such person.


81. Issue of mineral deposit retention licences.

(1) Subject to subsections (4) and (5) of section 48, the Minister shall, upon the granting of an application for a mineral deposit retention licence, direct the Commissioner to issue to the person who applied for such licence, a mineral deposit retention 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 a mineral deposit retention licence.


82. Duration of mineral deposit retention licences.

(1) Subject to the provisions of this Act, a mineral deposit retention licence shall be valid -

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

(b) for such further period, not exceeding two years, as may from time to time be determined by the Minister at the time of the granting of any application for the renewal of such licence.

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

(a) a mineral deposit retention 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;



(b) where an application is made by the holder of a mineral deposit retention licence for a mining licence in relation to an area of land which forms part of the retention area and in respect of any mineral or group of minerals to which such mineral deposit retention licence relates, such mineral deposit retention 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 exclusive prospecting licence is renewed in consequence of such application.


83. Effect of issue of mineral deposit retention licences on prospecting areas.

When a mineral deposit retention licence is issued -

(a) to the holder of a mining claim in respect of the claim area to which that mining claim relates, the registration of such mining claim shall, for purposes of the provisions of Part VII, be deemed to have lapsed; or

(b) to the holder of an exclusive prospecting licence in respect of an area of land which forms part of the prospecting area and any mineral or group of minerals to which such exclusive prospecting licence relates -

(i) such exclusive prospecting licence shall cease to have effect in relation to such area of land as from the date on which such mineral deposit retention licence is issued;

(ii) any other exclusive prospecting licence shall so cease to have effect, unless the Minister has, subject to he provisions of section 80(1)(d)(i), determined otherwise on such conditions as may be determined in writing by him or her.


84. Applications for renewal of mineral deposit retention licences. 

(1) Subject to the provisions of subsection (2) of this section, the provisions of sections 79 and 80 shall apply mutatis mutandis in relation to an application for the renewal of a mineral deposit retention licence.



(2) An application for the renewal of a mineral deposit retention licence shall 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 dam, as the Minister may on good cause shown allow.

(3) Subject to the provisions of subsection (1), the Minister shall not refuse an application for the renewal of a mineral deposit retention licence on the grounds thereof
that the holder of such licence 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 -

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

(b) 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.


85. Application for amendment of mineral deposit retention licence.

The provisions of section 73(1) shall apply mutatis mutandis in relation to the amendment of a mineral deposit retention licence, and in such application -

(a) any reference to an exclusive prospecting licence, shall be construed as a reference to a mineral deposit retention licence;

(b) any reference to a prospecting area, shall be construed as a reference to a retention area; and

(c) any reference to sections 68 and 69 shall be deemed to be a reference to sections 79 and 80.


86. Obligations of holders of mineral deposit retention licences.

The provisions of section 41(1) shall apply mutatis mutandis in relation to the holder of a mineral deposit retention licence, and in such application -

(a) any reference to the registration of a mining claim, shall be construed as a reference to a mineral deposit retention licence;



(b) any reference to mining operations, shall be construed as a reference to work performed by virtue of a mineral deposit retention licence;

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

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


87. Work programmes of operations carried on in terms of mineral deposit retention licence.

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

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

(b) any reference to mining operations, shall be construed as a reference to work performed by virtue of a mineral deposit retention licence; and

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


88. Directions by Minister to holder s of mineral deposit retention licences to apply for mining licences.

(1) Subject to the provisions of subsection (2), the Minister may, if he or she has reason to believe -

(a) that any mineral or group of minerals to which a mineral deposit retention licence relates may be won or mined, sold or otherwise disposed of on a profitable basis;

(b) that further prospecting operations may indicate the existence of any such mineral or group of minerals which may be won or mined, sold or otherwise disposed of on a profitable basis, 

by notice in writing addressed and delivered to he holder of such licence, require such holder -

(i) to apply for a mining licence to carry on mining operations in respect of such mineral or group of minerals;



(ii) to carry on such further prospecting operations as may be specified in such notice in relation to such retention area within such reasonable period as may be specified in such notice; or

(iii)to abandon, if he or she so desires, such retention area in accordance with the provisions of section 54.

(2) The Minister shall not issue a notice under subsection (1) to the holder of a mineral deposit retention licence, unless the Minister -

(a) has by notice in writing addressed and delivered to such holder informed such holder of his or her intention to issue a notice contemplated in that subsection -

(i) setting out the reasons for such intention; and

(ii) requiring such holder to make within such period as may be specified in such notice representations to the Minister in relation to such reasons; and

(b) has taken into consideration any representations made by such person.

(3) Any holder of a mineral deposit retention licence who contravenes or fails to comply with a notice referred to in subsection (1) shall be guilty of an offence and on
conviction be liable to a fine not exceeding R50 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.


89. Records, maps, plans and financial statements to be kept, and information, reports and returns to be submitted, by holders of mineral deposit retention licences. 

(1) The holder of a mineral deposit retention 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 investigations and operations, including the erection or construction of accessory works, in such retention area as may be reasonably necessary carried on by such 


holder for, or in connection with, future mining operations contemplated in section 77;

(ii) 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 retention area to which such mineral deposit retention licence relates;

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

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

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

(vi) 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;

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

(viii)such other work as may be determined 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 retention 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 mineral deposit retention licence W each period during which such mineral deposit retention licence is renewed, a statement of income and expenditure derived or incurred in connection with any operations in such retention area and such other financial statements as the Commissioner may require in such form as the Commissioner may determine;

(d) shall submit, within 60 days after the end of the currency of such mineral deposit retention licence in respect of the whole of the retention area, or together with an application for the renewal of such mineral deposit retention licence or an application for a mining licence in respect of the whole or any portion of the retention 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 mining licence in respect of a portion of the retention area, separate reports in duplicate in respect of such portion and the remainder of such retention area, setting out in relation to such period -

(aa)an evaluation of the prospects of future mining operations in such retention area;

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

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

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



(e) shall submit within 90 days after the end of each year during the currency of such retention licence to the Commissioner in such form as may be determined in writing by the Commissioner the statement of income and expenditure and financial statements referred to in paragraph (c); and

(f) shall submit to the Minister such other reports, records and other information as the Minister may from time to time require in connection with the carrying on of investigations and operations in the retention area in question.

(2) In the event of the cancellation of a mineral deposit retention licence under section 55 or the expiration of a mineral deposit retention licence he person who was
the holder of such licence immediately before such cancellation or expiration shall on a date not later than 180 days 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); and

(b) 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, books, documents and reports, unless a mining licence is issued to such person in relation to the area to which such mineral deposit retention 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) and (b) 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.