PART XII Provisions relating to mining licences |
| 90. Rights of holders of mining licences. (1) Subject to the provisions of subsection (2) and the other provisions of this Act, the holder of a mining licence shall be entitled - (a) to carry on mining operations in the mining area to which such licence relates for such mineral or group of minerals as may be specified in such licence; (b) to carry on in such mining area, 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 found or 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 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 mining 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 place, whether within or outside Namibia; (iii)to remove from the mining 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); (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, the mining operations, removal, selling or disposal or prospecting operations contemplated in paragraph (a), (b), (c) or (d). (2) (a) The holder of a mining licence shall not erect or construct any accessory works referred to in subsection (1)(e) 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 the mining licence has complied mutatis mutandis with the provisions of section 52(1)(a) in relation to any compensation to be paid to the owner of such private land. (3) An application for the permission referred to in subsections (1)(d) and (2) shall be made to the Commissioner in such form as my 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. (4) The holder of a mining 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, won or mined, 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. (5) (a) The holder of a mining licence who has contravened or failed to comply with provisions of subsection (1)(d) or (4) 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 mining area to which the mining 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 (4), 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. 91. Applications for mining licences. An application by any person for a mining 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 mining licence is required; (c) shall be accompanied by a detailed plan of the area to which the application relates drawn according to 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 mining area and properly illustrated by way of plans and maps drawn according to scale; and (iii)which, in the case of an application made consequent upon prospecting operations or mining operations carried on in terms of an exclusive prospecting licence, mineral deposit retention licence or on a mining claim of which the person applying for the mining licence was the holder, the report and the separate report, if any, referred to in section 45(1)(f)(i), 76(1)(e)(i) or 89(1)(d)(i), as the case may be; (e) shall contain particulars of - (i) any licence, including any mining claim, held, whether alone or jointly with any other person, and the mineral or group of minerals to which 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; (ii) 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; and (iii)the manner in which it is intended to prevent pollution, to deal with any waste, to safe guard the mineral resources, to reclaim and rehabilitate land disturbed by way of the prospecting operations and mining operations and to minimize the effect of such operations on land adjoining the mining area; (g) shall be accompanied by a complete technical report on the proposed development, mining and ore treatment activities, including - (i) the dates of commencement of development, mining and ore treatment activities; (ii) the capacity of production and scale of operations; and (iii)the overall mining of ore and minerals or groups of minerals and the nature thereof; (h) 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; (i) shall contain particulars of the programme of such mining operations, the estimated expenditure in respect thereof, the period within which such operations will be carried on and such expenditure will be made; (j) shall be accompanied by a detailed forecast of capital investment, operating cost, income and profits and particulars of the means of financing; (k) shall be accompanied by such documents as the Minister may require in relation to any particulars referred to in this section; and (1) may contain any other matter which in the opinion of the person concerned is relevant to the application. 92. Exercise of powers of Minister to grant or refuse mining licences. (1) The Minister - (a) shall in the case of an application for a mining licence by - (i) the holder of a reconnaissance licence to whom an exclusive right has been conferred in terms of section 59; (ii) the holder of an exclusive prospecting licence; (iii)the holder of a mineral deposit retention licence; or (iv) the holder of a mining claim, subject to the provisions of subsections (2) and (4) of this section, grant such application, if such application relates to an area of land and a mineral or group of minerals to which such exclusive right or mineral deposit retention licence or the claim area in question relates; (b) may, in the case of any other application for a mining licence, subject to the provisions of subsections (3) and (4) of this section, grant or refuse such application. (2) Notwithstanding the provisions of subsection (1)(a), the Minister shall not grant an application by any person for a mining 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 such 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) unless the Minister is on reasonable grounds satisfied - (i) that the area of land to which the application relates contains a mineral or group of minerals to which the application relates which in the opinion of the Minister may be won or mined, sold or otherwise disposed of on a profitable basis; (ii) that the proposed programme of mining operations to be carried out and the expenditure to be expended in respect of such operations will ensure - (aa)efficient, beneficial and timely use of the mineral or group of minerals to which the application relates; (bb)adequate protection of the environment; (iii)that the person concerned has the technical and financial resources to carry on such mining 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 prospecting licence or such mineral deposit retention licence relates; (g) in respect 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 - (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 to which such prospecting area relates of his or her application or intended application, as the case may be, for such mining 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 any 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 - (aa)that mining operations 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; (bb)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; (h) in respect 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 - (i) the holder of the mineral deposit retention licence has consented in writing to the mining licence being granted; and (ii) the Minister deems it desirable in the interests of the development of the mineral resources of Namibia to grant such licence. (3) The Minister shall not grant an application referred to in subsection (1)(b), if at the time of the application - (a) the area of land to which the application relates forms pan of a mining area or a claim area; (b) the area of land to which the application relates forms part of the area to which a reconnaissance licence by virtue of which an exclusive right has been conferred in terms of section 59, an exclusive prospecting licence or a mineral deposit retention licence relates, unless - (i) the holder of such licence has consented to such mining licence being granted; and (ii) the Minister deems it desirable in the interests of the development of the mineral resources of Namibia to grant such mining licence; (c) the person applying for such mining licence 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. (4) The Minister shall not, in the case of an application contemplated in subsection (1)(a), refuse to grant such application on any grounds contemplated in subsection (2)(b) or (c) or, in the case of an application referred to in subsection (1)(b), refuse to grant such application on any grounds contemplated in subsection (3)(c), 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. 93. Issue of mining licences. (1) Subject to subsections (4) and (5) of section 48, the Minister shall, upon the granting of an application for a mining licence, direct the Commissioner to issue to he person who applied for such licence, a mining 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 mining licence. 94. Duration of mining licences. (1) Subject to the provisions of this Act, a mining licence shall be valid - (a) for a period of 25 years or such shorter period which in the opinion of the Minister represents the estimated life of the mine and determined by the Minister at the time of the granting of the mining licence; or (b) for such further periods, not exceeding 15 years at a time, which in the opinion of the Minister represents the remaining period of the estimated life of the mine and 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 or on the date on which the application for such renewal is granted, whichever date is the later date. (2) Notwithstanding the provisions of subsection(1), but subject to the other provisions of this Act, a mining licence shall not expire until such application for renewal of the licence is refused or the application is withdrawn or has lapsed, whichever occurs first or, if such application is granted, until such time as the mining licence is renewed in consequence of such application. 95. Effect of issue of mining licences on prospecting areas. When a mining 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 mining licence is issued; (ii) any other exclusive prospecting licence shall so cease to have effect, unless the Minister has, with the concurrence of such holder to whom such mining licence is issued and subject to the provisions of section 92(2)(g), determined otherwise on such conditions as may be determined in writing by the Minister; or (c) to the holder of a mineral deposit retention licence in respect of an area of land which forms part of the retention area and any mineral or group of minerals to which such mineral deposit retention licence relates - (i) such mineral deposit retention licence shall cease to have effect in relation to such area of land as from the date on which such mining licence is issued; (ii) any other mineral deposit retention licence shall so cease to have effect, unless the Minister has, with the concurrence of such holder to whom such mining licence is issued and subject to the provisions of section 92(2)(h), determined otherwise on such conditions as may be determined in writing by the Minister. 96. Applications for renewal of mining licences. (1) Subject to the provisions of subsection (2) of this section, the provisions of section 91 shall apply mutatis mutandis in relation to an application for the renewal of a mining licence. (2) An application for the renewal of a mining licence shall be made not later than 12 months 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. (3) Subject to the provisions of subsection (1), the Minister shall not grant an application for the renewal of a mining licence - (a) unless the holder of such licence proves to the satisfaction of the Minister that the mineral or group of minerals to which such licence relates still exists in the mining area in such quantity that it can still be won or mined and sold or otherwise disposed of on a profitable basis; (b) unless the Minister is on reasonable grounds satisfied with the proposed mining operations and expenditure to be carried out or expended during the renewal period. (4) The Minister shall not refuse to grant an application for the renewal of a mining licence - (a) if the holder of such licence has complied with - (i) the terms and conditions of such licence; (ii) the proposed programme of mining operations, and has expended in respect of such operations the amount required to be expended in terms of such terms and conditions; (b) if the Minister is on reasonable grounds satisfied - (i) with the proposed programme of mining 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 mining 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; (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 failed to make representations. 97. Applications for amendment of mining licences. The provisions of section 73(1) shall apply mutatis mutandis in relation to the amendment of a mining licence, and in such application - (a) any reference to an exclusive prospecting licence, shall be construed as a reference to a mining licence; (b) any reference to prospecting operations, shall be construed as a reference to mining operations; and (c) any reference to sections 68 and 69, shall be deemed to be a reference to sections 91 and 92. 98. Obligations of holders of mining licences. The provisions of section 41(1) shall apply mutatis mutandis in relation to the holder of a mining licence, and in such application - (a) any reference to the registration of a mining claim, shall be construed as a reference to a mining licence; (b) any reference to a claim area or a mining claim, shall be construed as a reference to a mining area; and (c) the provisions of paragraph (c) of section 41(1) shall be deemed to have been deleted. 99. Notice of cessation of mining operations. (1) The holder of a mining licence shall - (a) before he or she intends to cease permanently or temporarily or to reduce the rate of his or her mining operations give notice of his or her intentions to the Minister on a date not later than - (i) in the case of an intended permanent cessation of mining operations, six months; (ii) in the case of an intended temporary cessation of such mining operations, 30 days; or (iii)in the case of an intended reduction of such mining operations, seven days, or such other period as the Minister may on good cause shown allow before such intended permanent or temporary cessation or intended reduction; (b) if he or she for any reason beyond his or her control at any time permanently or temporarily ceases or reduces his or her mining operations, notify the Minister of such permanent or temporary cessation or reduction as soon as possible after such cessation or reduction, and provide reasons for such intentions or cessation or reduction, as the case may be, and such particulars as the Minister may require in connection with the location, nature and extent of such mining operations. (2) On receipt of a notice referred to in subsection (1), or if the Minister has otherwise reason to believe that the holder of any mining licence has ceased or reduced, whether permanently or temporarily, mining operations, the Minister may - (a) cause the matter to be investigated; (b) with due regard to any representations made by such holder, take such steps mutatis mutandis in accordance with provisions of section 55 or 100 as the Minister may deem necessary or expedient in the interests of the mineral resources of Namibia. 100. Directions by Minister in relation to mining of minerals or groups of minerals by holder of mining licences. (1) Subject to the provisions of subsection (2), the Minister may - (a) if any mineral or group of minerals to which a mining licence relates is not won or mined in the mining area to which such licence relates and the Minister is on reasonable grounds satisfied that such mineral or group of' minerals is capable of being won or mined in that area on a profitable basis; (b) if the Minister is, having regard to good mining practices, the technical and financial resources of' such holder and the prevailing marketability of any such mineral or group of minerals, on reasonable grounds satisfied that any mineral or group of minerals is not won or mined at an optimal rate or in a manner calculated to effect such optimal rate, from time to time by notice in writing addressed and delivered to the holder of such mining licence, direct such holder - (i) to take, within such reasonable period as may he specified in such notice and with due regard to good mining practices, such steps as may be necessary and practicable to mine any mineral or group of minerals in such mining area and so specified; (ii) to increase or reduce, within such reasonable period as may be specified in such notice, the rate at which such mineral or group of minerals is won or mined in such area to such rate, not exceeding, in the case of an increase, the capacity of the mining facilities of the holder of the licence, as the Minister may specify in such notice; or (iii)to abandon, if he or she so desires, such mining area in accordance with the provisions of section 54. (2) The Minister shall not give a direction under subsection (1) to the holder of a mining 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 give a direction contemplated in that subsection - (i) setting out he reasons for such intention; (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; (b) has taken into consideration any representations made by such person. (3) Any holder of a mining 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. 101. Records, maps, plans and financial statements to be kept, and information, reports and returns to be submitted, by holders of mining licences. (1) The holder of a mining 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) any mining operations referred to in section 90(1)(a) - (aa)the nature, appraisal and results of all mining operations carried on in the mining area to which such mining licence relates; (bb)the nature and mass or volume of any mineral or group of minerals won or mined in such mining area and treated or stockpiled in such mining area 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 area and the manner in which it was disposed of; (ee)the persons employed by such holder for purposes of such mining operations, including the 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 carried 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; (ii) any prospecting operations referred to in section 90( 1)(b) - (aa)the nature, 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 such prospecting operations; (bb)the results of all analytical, metallurgical and mineralogical work incidental to such prospecting operations; (cc)the interpretation and assessment of the studies, surveys and work referred to in items (aa) and (bb); (dd)the nature and mass or volume of any mineral or group of minerals found or incidentally won in the course of such prospecting operations; (ee)the persons employed by such holder for purposes of such prospecting operations, including the names, addresses, nationality and ages of, and remuneration and other benefits paid and granted to such persons; (ff) the expenses incurred by such holder in the course of such prospecting operations; and (gg)such other work performed 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; (b) shall prepare or cause to be prepared and maintain at all times plans and maps in respect of the mining 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 mining licence, a statement of income and expenditure derived or incurred in connection with such mining operations, 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) submit within 15 days after the end of each month to the Commissioner in such form as may be determined in writing by the Commissioner a return or returns containing in relation to such month - (i) such summary of the particulars and in formation contained in the records referred to in paragraph (a)(i) 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 mining operations and prospecting operations carried on by such holder in such mining area; (e) shall submit within 60 days after 31 December in each year to the Commissioner - (i) in such form as may be determined in writing by the Commissioner, a return or returns containing in relation to such year - (aa)a summary of the particulars and in formation contained in the records referred to in paragraph (a)(i) 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; (bb)an estimate of the remaining mineral reserves in such mining area properly illustrated by way of plans and maps according to an appropriate scale; (cc)particulars of any proposed mining operations and prospecting 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 mining operations and prospecting operations carried on by such holder in such mining area; (ii) the statement of income and expenditure and financial statements referred to in paragraph (c); (f) submit, within 60 days after the end of every second year as from the granting of such mining licence - (i) in such form as may be determined in writing by the Commissioner, a report in duplicate containing in respect of prospecting operations carried on in conjunction with its mining operations during such period - (aa)all information, including photographs, tabulations, tapes and discs, in the records referred to in paragraph (a)(ii) and the plans and maps referred to in paragraph (b); and (bb)such other particulars as the Commissioner may require in relation to the prospecting operations carried on by such holder; (ii) the statement of income and expenditure and financial statements referred to in paragraph (c); and (g) 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 mining operations in the mining area in question. (2) In the event of the cancellation of a mining licence under section 55 or the expiration of a mining licence the 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); (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. (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 any such subsection shall be guilty of an offence and on conviction be liable to a fine no exceeding R8 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment. |