PART XVII General provisions |
| 121. Obligations of persons applying for, non-exclusive prospecting licences,
registration of mining claims or mineral licences, and of holders of non-exclusive
prospecting licences, mining claims or mineral licences, not resident in
Namibia to appoint accredited agents. (1) Subject to the provisions of this Act - (a) no non-exclusive prospecting licence or mineral licence shall be issued to, and no mining claim shall be registered in respect of, any natural person who is not resident in Namibia; (b) no grant, cession or assignment to any such person of any interest in a mining claim or mineral licence shall be approved; (c) no such person shall be joined as the joint holder of any mining claim or mineral licence or any interest in such mining claim or mineral licence, unless such person has designated in writing a person who is so resident and who is a person to whom any such licence may be granted or in whose name any such mining claim may be registered or to whom such interest may be granted, ceded or assigned or may be so joined, as his or her accredited agent for purposes of the provisions of this Act. (2) Any holder of a non-exclusive prospecting licence, mining claim or mineral licence or any person to whom an interest in any such licence or claim has been granted, ceded or assigned or any person joined as joint holder of any such licence or claim or any interest in such licence or claim who takes up residence outside Namibia, shall, within 30 days after having so taken up residence, designate any person who is resident in Namibia and who is a person to whom any such licence may be granted or in whose name any such mining claim may be registered or to whom such interest may be granted, ceded or assigned or may be so joined, as his or her accredited agent for purposes of the provisions of this Act. (3) An accredited agent shall be a person who has in writing accepted his or her designation in terms of subsection (1) or (2) and who is approved in writing by the Commissioner, and such accredited agent shall, upon such approval, for purposes of the provisions of this Act, be deemed to be the holder of the licence or claim in question or to be the person to whom such interest has been granted, ceded or assigned or who has been joined as the joint holder concerned, as the case may be. (4) The provisions of this section shall not be construed as absolving the holder of the licence or claim in question of any liability or obligations imposed upon him or her by any provision of this Act. (5) Any person who contravenes or fails to comply with the provisions of subsection (2) shall be guilty of an offence and on conviction be liable to a fine not exceeding R8 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment. 122. Reservation of land from prospecting operations and mining operations. (1) Subject to the provisions of this section, the Minister may at any time by notice in the Gazette, if he or she deems it necessary or expedient in the national interest, declare that no person other than the holder of a reconnaissance licence shall, notwithstanding anything to the contrary contained in this Act or any other law, but subject to any right conferred upon the holder of any mining claim, exclusive prospecting licence, mineral deposit retention licence or mining licence by this Act before the date of such notice and which exists on the date immediately before the date of such notice, carry on any prospecting operations or mining operations in, on or under any land or area described by the Minister in such notice. (2) The Minister may in any notice referred to in subsection (1) or by like notice - (a) if he or she deems it necessary or expedient in the interests of the development of the mineral resources of Namibia or for the better exercise of control over minerals in Namibia, invite applications in respect of the whole or any part of the land or area referred to in subsection (1) for any licence in respect of any mineral or group of minerals specified in such notice for consideration on or after a date so specified; (b) if he or she deems it necessary or expedient for the protection of the environment or the natural resources of Namibia or the prevention of the pollution of such environment or damage to the natural resources, declare that any prospecting operations or mining operations may be carried on in, on or under any such land or area by any holder of a non-exclusive prospecting licence, mining claim, exclusive prospecting licence, mineral deposit retention licence or mining licence only with the special permission of the Minister and subject to such terms and conditions as may be determined by the Minister. (3) An application for the special permission referred to in subsection (2)(b) shall be made to the Minister in such form as may be determined by the Minister 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 Minister. (4) Any person who contravenes or fails to comply with a notice issued under subsection (1) shall be guilty of an offence and on conviction liable to a fine not exceeding R50 000 or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment. 123. Determination of application, licence and registration fees payable in terms of this Act. (1) Subject to the provisions of section 22 of the State Finance Act, 1991 (Act 31 of 1991), the Minister may from time to time determine by notice in the Gazette the amount of - (a) any fees to be paid in relation to any application for, or in connection with, a non-exclusive prospecting licence or mineral licence or for, or in connection with, the registration of any mining claim at the time of such application, or for any permit referred to in section 105; (b) any licence fees, claim fees or other fees to be paid by the holders of any such licence or mining claim during the currency or renewal period, if any, at such dates, for such periods and on such basis as may be determined by the Minister in such notice; (c) any inspection fees or other fees to be paid by any person in relation to any permit or permission required by any provision of this Act and the inspection of any register to be kept and maintained by the Commissioner or other function to be performed by him or her, and may from time to time amend or withdraw any such notice by like notice. (2) When an application referred to in paragraph (a) of subsection (1) is refused, three-quarters of any application fee and the full amount of any licence fee referred to in that paragraph which was paid at the time of such application shall be refunded to the person who has made such application. (3) The provisions of section 115 shall apply mutatis mutandis in relation to the holder of any licence or mining claim referred to in subsection (1) who has failed to pay any licence fees or claim fees on or before the date determined under paragraph (b) of that subsection. (4) One half of any licence fees or claim fees referred to in paragraph (b) of subsection (1) paid to the Commissioner in respect of - (a) any mineral licence in terms of which prospecting operations or mining operations are carried on private land; or (b) any mining claim situated on private land, shall be paid over by the Commissioner at the end of April and October in each year to the owner of such land or, in the case of such land or mining claim situated on private land which is owned by more than one owner, to such owners in such proportion as may be determined in writing by the Commissioner. 124. Notice by Commissioner of applications made in terms of this Act. The Commissioner shall give notice of any application for a mineral licence or the registration of a mining claim received in his or her office by posting a notice on the day after the date on which such application was received in which - (a) it is made known for general information that such application has been received in his or her office; and (b) is stated - (i) the name of he person who submitted such application; (ii) the nature of the licence, the area and the mineral or group of minerals to which such application relates; (iii) the date on which such application was received; and (iv) such other particulars as may be determined in writing by the Commissioner, and shall keep such notice so posted until such date as such application has finally been disposed of. 125. Order in which applications made in terms of this Act are to be considered. All applications made in terms of any provision of this Act and received in the office of the Commissioner, shall be considered by the Minister or the Commissioner, as the case may be, in the same order as such applications have been so made and received: Provided that all applications so received on the same date shall be deemed to have been received simultaneously. 126. Reports to he submitted by purchasers and sellers of minerals. (1) Any person - (a) who, whether as agent or principal, has purchased or otherwise acquired from any holder of a non-exclusive prospecting licence, a mining claim or a mineral licence, any controlled mineral; (b) who has sold or otherwise disposed of any controlled mineral; or (c) who deals, whether or not by virtue of a licence issued in terms of any law governing trading licences, in minerals or any group of minerals other than controlled minerals and who has sold any mineral or group of minerals to any person, shall submit forthwith to the Commissioner in such form as may be determined in writing by the Commissioner a report in duplicate setting out - (i) the mass or volume and nature of any such mineral or group of minerals purchased or acquired and the amounts paid or other remuneration exchanged, if any, in respect of the purchase or acquisition of such mineral or group of minerals; (ii) the mass, volume, nature and value of any such mineral or group of minerals sold or otherwise disposed of and such particulars of the persons to whom such mineral or group of minerals has been so sold or disposed of and the places whereto such mineral or minerals have been removed. 127. Export of minerals or groups of minerals. (1) No person shall export any mineral or group of minerals from Namibia, except 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, unless he or she - (a) is the holder of a non-exclusive prospecting licence, a mining claim or a mineral licence and has been granted the permission referred to in section 16(1)(c), 31(1)(d), 67(1)(c), 77(1)(d) or 90(1)(d) to remove any such mineral or group of minerals from Namibia; or (b) is exempted from the provisions of this section in terms of section 137. (2) An application for the permission referred to in subsection (1), shall be made to the Commissioner or any other person designated by him or her 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. (3) Any person who has contravened or failed to comply with the provisions of subsection (1) 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. 128. Removal of property from areas to which non-exclusive prospecting licences, mining claims or mineral licences relate on abandonment, cancellation or expiration, and remedying of damage caused to surface of, and environment on, land situated in such areas. (1) If a non-exclusive prospecting licence or mineral licence or the registration of a mining claim has been cancelled or has expired or, if any area to which such licence or mining claim relates has been abandoned or has for any reason ceased to be part of the area to which such non-exclusive prospecting licence relates or of the prospecting area, mining area or claim area, as the case may be, the Minister may by notice in writing addressed and delivered to the person who was the holder of such licence or mining claim direct such person - (a) to demolish any buildings, structures or any other thing erected or constructed by such person in such area and to remove from such area all debris and any other object brought into such area, except in so far as the owner of the land which is situated in such area retains such buildings, structures or other thing on such conditions as may mutually be agreed upon between such owner and person; (b) to take all such steps as may be necessary to remedy to the satisfaction of the Minister any damage caused by any prospecting operations and mining operations carried on by such holder to the surface of, and the environment in, such area; (c) to take such other steps as may be specified in such notice as the Minister may deem necessary or expedient to give effect to any direction referred to in paragraph (a). (2) If the person referred to in subsection (1) contravenes or fails to comply with a direction given under that subsection, the Minister may - (a) cause such goods to be removed or such steps to be taken and recover the cost thereof from such person; (b) subject to the provisions of paragraph (c), dispose of, in such manner as he or she may deem fit, all or any of the goods referred to in paragraph (a); (c) after having published a notice in the Gazette and in two newspapers circulating in the district in which the area from which the goods in question were removed setting out the Minister's intention to sell such goods and inviting any person who is the lawful owner of such goods to claim such goods - (i) sell or cause to be sold by public auction or otherwise all or any of such property and recover the cost thereof from such person; (ii) deduct from the proceeds of the sale - (aa)the costs incurred by him or her in respect of the removal or steps referred to in subsection (1) and the sale referred to in subparagraph (i) of this paragraph; (bb)any amounts due and payable under the provisions of this Act. (3) Any person referred to in subsection (1) who contravenes or fails to comply with a direction issued under that subsection shall be guilty of an offence and liable on conviction to a fine not exceeding R 100 000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. 129. Powers of Minister to obtain further information in relation to reconnaissance operations, prospecting operations or mining operations or minerals won, mined, sold or otherwise disposed of. (1) Where the Minister has reason to believe that a person is capable of furnishing books, documents or any particulars of whatever nature in relation to reconnaissance operations, prospecting operations or mining operations or to minerals or groups of minerals won, mined, sold or otherwise disposed of, the Minister may by notice in writing addressed and delivered to such person, direct such person - (a) to furnish him or her with such books, documents or particulars within such period and in such manner as may be specified in such notice; (b) to appear before the Commissioner or such other person as my be authorized by the Minister and identified in such notice at such time and place as may be specified in such notice to answer questions relating to those books, documents or particulars; (c) to furnish the Commissioner or such other person as may be authorized by the Minister and identified in such notice at such time and place as may be specified in such notice with such books, documents or particulars as may be in his or her possession or under his or her control, as the case may be. (2) Any person who - (a) refuses or fails to comply with a notice issued under subsection (1); (b) knowingly furnishes particulars which are false or misleading, shall be guilty of an offence and on conviction liable to a fine not exceeding R8 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment. 130. Liability of holders of licences or mining claims for pollution of environment or other damages or losses caused. (1) When in the course of any reconnaissance operations, prospecting operations or mining operations carried on under any non-exclusive prospecting licence, a mining claim or a mineral licence, any mineral or group of minerals is spilled in the sea or on land or in any water on or under the surface of any land or the sea or such land or water is otherwise polluted or any plant or animal life, whether in the sea, other water in, on or under land, is endangered or destroyed or any damage or loss is caused to any person, including the State, by such spilling or pollution, the holder of such licence or mining claim shall forthwith - (a) report such spilling, pollution, loss or damage to the Minister; (b) take at his or her own costs all such steps as may be necessary in accordance with good reconnaissance practices, good prospecting practices or good mining practices or otherwise as may be necessary to remedy such spilling, pollution, loss or damage. (2) If the holder of a licence or mining claim referred to in subsection (1) fails to comply with the provisions of paragraph (b) of that subsection within such period as the Minister may deem in the circumstances to be reasonable, the Minister may direct by notice in writing addressed and delivered to such holder to take within such period as may be specified in such notice such sups as may be so specified in order to remedy the spilling, pollution or damage or loss, and the Minister may, if such holder fails to comply with such directions to the satisfaction of the Minister within the period specified in such notice or such further period as the Minister may on good cause shown allow in writing, cause such steps to be taken as may be necessary to remedy such spilling, pollution or damage or loss and recover in a competent court the costs incurred thereby from such holder. 131. General right of appeal. Any person who feels aggrieved with any action or decision taken or made by the Commissioner in terms of any provision of this Act, may, within 30 days as from the date on which such action or decision was made known to such person, lodge an appeal against any such action or decision, and thereupon the Minister may confirm, set aside or amend any such action or decision. 132. Service of documents. (1) Any document, notice or other communication required or authorized under the provisions of this Act to be glen or delivered to any person by the Minister the Commissioner or any officer authorized thereto be deemed to have been given or delivered - (a) A delivered to such person personally; (b) if despatched by registered post addressed to such person at his or her last known address which may be any such place or office as is referred to in paragraph (c) or his or her last known post office box number or private bag number or that of his or her employer or accredited agent, if any; (c) if left with some adult person apparently residing at or occupying or employed at his or her last known abode or office or place of business; or (d) in the case of a company - (i) if delivered to the public officer of the company; (ii) left with some adult person apparently residing at or occupying or employed at its registered address; (iii)if despatched by registered post addressed to the company or its public officer at its or his or her last known address, which may be any such office or place as is referred to in subparagraph (ii) or its or his or her last known post office box number or private bag number or that of its or his or her employer; or (iv) if transmitted by means of a facsimile transmission to the person concerned at the registered office of the company. (2) Any document, notice or other communication referred to in subsection (1) which has been given or delivered in the manner contemplated in paragraph (b) or (d)(iii) of that subsection shall, unless the contrary is proved, be deemed to have been received by the person to whom it was addressed at the time when it would, in the ordinary course of post have arrived at the place to which it was addressed. 133. Miscellaneous offences and penalties. Any person who - (a) without reasonable excuse, obstructs, hinders or prevents the holder of any non-exclusive prospecting licence, mining claim or mineral licence, the Minister, the Commissioner or any other officer referred to in section 4(2) from exercising or performing any right, power, duty or function conferred or imposed upon him or her by or under any provision of this Act; (b) makes or causes to be made in connection with any application made in terms of any provision of this Act any statement which is false or misleading knowing it to be false or misleading; (c) submits or causes to be submitted in connection with any such application or any notice, report, return or statement issued or given under any provision of this Act or the terms and conditions of any non-exclusive prospecting licence, mining claim or mineral licence, any document, information or particulars which are false or misleading knowing them to be false or misleading; (d) fraudulently and, with the intent to mislead any other person to believe that a mineral or group of minerals of a mineable nature exist at any place, places or deposits or causes to be placed or deposited any mineral or group of minerals in or at any such place; (e) fraudulently and with the intent to defraud mingles or causes to be mingled with any sample of ore any substance which will increase the value or nature of such ore; (f) intentionally or negligently transgresses the boundaries of his or her reconnaissance area, prospecting area, claim area, retention area or mining area while carrying on reconnaissance operations, prospecting operations or mining operations or such boundaries to be so transgressed; or (g) without any lawful reason removes, destroys, disfigures or displaces any trigonometrical station or a beacon or boundary mark of any prospecting area, claim area, retention area or mining area, 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. 134. Jurisdiction of court in relation to offences under this Act committed at sea. Notwithstanding the provisions of any law to the contrary, the High Court of Namibia or a magistrate's court which would otherwise have jurisdiction shall have jurisdiction to try any offence under this Act which is committed or alleged to have been committed within the territorial sea referred to in section 2 of the Territorial Sea and Exclusive Economic Zone of Namibia Act, 1990 (Act 3 of 1990), the exclusive economic zone referred to in section 4 of that Act and the continental shelf referred to in section 6 of that Act. 135. Evidence. The production in any criminal or civil proceedings in any court of law or other proceedings instituted in terms of the provisions of this Act of - (a) any certificate purporting to have been signed by the Commissioner certifying whether or not on a date specified in such certificate - (i) a licence was issued, renewed or transferred to a person so specified; (ii) a mining claim was registered or renewed in the name of, or transferred to, a person so specified; (iii)any interest in such a licence or mining claim has been granted, ceded or assigned to a person so specified; (iv) any person so specified has been joined as a joint holder of such a licence or claim or any interest in such licence or claim; (v) any term and condition so specified is or was a term and condition of a licence or mining claim; (vi) a person mentioned in such certificate is or was a holder of such a licence or mining claim; (vii)a licence has been issued or mining claim registered in respect of any area of land so specified; (b) an extract from the register referred to in section 36(2) or 51 certified by the Commissioner to be true and correct, shall, unless the contrary is proved, be conclusive evidence of the facts mentioned therein. 136. Forfeiture orders. If a person is convicted of an offence under this Act the court which has convicted the person may, in addition to any other penalty imposed or any forfeiture ordered under any other law, order any mineral or group of minerals won or mined in the course of the commission of such offence be forfeited to the State or, in the event of any such mineral or group of minerals having been sold or otherwise disposed of, an amount equal to the proceeds of the sate or the market value of such mineral or group of minerals, as determined by the court, be paid by such person for the benefit of the State Revenue Fund. 137. Exemptions. (1) The Minister may, whenever he or she deems it necessary or expedient for the better administration of the provisions of this Act - (a) from time to time by notice in the Gazette exempt, subject to such conditions as may be determined by him or her and specified in such notice, the holders of non-exclusive prospecting licences, mining claims or mineral licences from the provisions of section 16(1)(c) and (5), 31(1)(d) and (5), 67(1)(c) and (5), 77(1)(d) and (5), 90(1)(d) and (4) or 127 in relation to any mineral or group of minerals specified in such notice or any quantity or mass of such mineral or group of minerals so specified; (b) upon an application made by the holder of a non-exclusive prospecting licence, mining claim or mineral licence in such form as may be determined in writing by the Minister, by notice in writing exempt, subject to such conditions as may be determined by him or her and specified in such notice, any such holder from the provisions of the said sections in relation to any mineral or group of minerals specified in such notice or any quantity or mass of such mineral or group of minerals so specified; (c) upon an application made by any person in such form as may be determined in writing by the Minister, by notice in writing exempt, subject to such conditions as may be determined by him or her and specified in such notice, any such person from any provision of Part XIV in relation to any high value mineral specified in such notice or any quantity or mass of such high value mineral so specified, if the Minister is on reasonable grounds satisfied that such person is a bona fide collector of such high value minerals referred to in that Part, and may at any time by like notice amend or withdraw such notice. (2) An application for the exemption referred to in subsection (1)(b) or (c), shall be made to the Minister 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 Minister. 138. Delegation of powers. (1) The Minister may delegate any power conferred upon him or her by this Act, excluding any power which is required to be exercised by notice in the Gazette, to the Permanent Secretary, the Commissioner or any other officer in the service of the Ministry of Mines and Energy. (2) Any delegation under subsection (1) shall not prevent the Minister from exercising the power concerned personally. 139. Repeal and amendment of laws, and savings. (1) Subject to the provisions of this section, the laws specified in column 2 of Schedule 2 are hereby repealed or amended to the extent shown in column 3 of that Schedule. (2) On the date of commencement of this Act - (a) the person appointed in terms of section 4(2) of the Mines, Works and Minerals Ordinance, 1968 (Ordinance 20 of 1968) (hereinafter referred to as the repealed Ordinance), in the office of the mining commissioner who was holding such office on the date immediately before such date of commencement, shall be deemed to have been appointed under section 4 of this Act as the Commissioner; (b) subject to the provisions of subsection (8), any prospecting licence issued in terms of section 20 of the repealed Ordinance which was in force on the date immediately before such date of commencement, shall be deemed to be a non-exclusive prospecting licence issued in terms of section 21 of this Act on the date of such commencement to the person who was the holder of such prospecting licence on the date immediately before such date of commencement for a period equal to the unexpired portion of the period for which it was issued in terms of the said section 20 on such terms and conditions as may have been determined in terms of the repealed Ordinance in respect of such prospecting licence; (c) subject to the provisions of subsections (3), (7) and (8), any claim registered in terms of section 29 of the repealed Ordinance which was so registered on the date immediately before such date of commencement, shall be deemed to be a mining claim registered in terms of section 36 of this Act on such date of commencement in favour of the person who was the holder on such first-mentioned date of the certificate of registration issued in terms of subsection (3) of the said section 29, in respect of such area and such mineral or group of minerals in respect of which such claim was so registered as if such claim were in terms of the said section 36 registered on such date of commencement; (d) subject to the provisions of subsections (4), (7) and (8), any prospecting grant embodied in a deed of grant and registered, or deemed to have been registered, in terms of section 60(1)(e) of the repealed Ordinance which was in force on the date immediately before such date of commencement, shall be deemed to be an exclusive prospecting licence issued in terms of section 70 of this Act on the date of such commencement to the person who was the holder of any such prospecting grant immediately before such commencement for a period equal to the unexpired portion of the period for which any such prospecting grant was granted or extended, and in respect of such area and such mineral or group of minerals and on such terms and conditions determined, in terms of the said section 60 in respect of such prospecting grant; (e) subject to the provisions of subsections (5), (7), (8) and (9) - (i) any mining title secured by way of a deed of conversion registered in terms of section 46(10) of the repealed Ordinance which was in force on the date immediately before such date of commencement; and (ii) any mining grant embodied in a deed of grant and registered in terms of section 61(6)(b) of the repealed Ordinance, shall be deemed to be a mining licence issued in terms of section 93 of this Act on the date of such commencement - (aa)in the case of the mining title referred to in subparagraph (1), to the person who was the owner of the mining area to which such mining title relates immediately before such commencement for a period of 25 years as from the date of such commencement or such shorter period as in the opinion of the Minister represents the estimated life of the mine in question and determined mutatis mutandis in accordance with the procedure as provided in section 92(4) by notice in writing addressed and delivered to such person in respect of such mining area and such mineral or group of minerals and on such terms and conditions determined in terms of the provisions of the repealed Ordinance; or (bb) in the case of the mining grant referred to in subparagraph (ii), to the person who was be holder of such mining grant immediately before such commencement for a period of 25 years as from the date of such commencement or such shorter period as in the opinion of the Minister represents the estimated life of the mine in question and determined mutatis mutandis in accordance with the procedure as provided in section 92(4) by notice in writing addressed and delivered to such person in respect of the mining area to which such mining grant relates and such mineral or group of minerals and on such terms and conditions determined in terms of section 61(1) of the repealed Ordinance; (f) anything else done under any provision of the repealed Ordinance before its repeal under subsection (1) which may be done under a corresponding provision of this Act, shall be deemed to have been done under such corresponding provision; (g) any reference in any law or document - (i) to the mining commissioner appointed under section 4(2) of the repealed Ordinance, shall be construed as a reference to the Commissioner; (ii) to a prospecting licence issued in terms of section 20 of the repealed Ordinance, shall be construed as a reference to a non-exclusive prospecting licence; (iii)to a claim registered in terms of section 29 of the repealed Ordinance or the area or holder of such claim, shall be construed as a reference to a mining claim or the claim area or the holder of a mining claim, respectively; (iv) to a prospecting grant referred to in section 60(1)(e) of the repealed Ordinance or the area or holder of such prospecting grant shall be construed as a reference to an exclusive prospecting licence, the holder of an exclusive prospecting licence or the prospecting area, respectively; (h) any reference in any law or document - (i) to any mining title referred to in section 44 of the repealed Ordinance or the owner of the mining area to which such mining title relates; (ii) to any mining grant referred to in section 61 of the repealed Ordinance or the holder or the grant area of such grant, shall be construed as a reference to a mining licence, the holder of a mining licence or a mining area, respectively. (3) (a) Notwithstanding the provisions of section 123, the claim fees which were payable in respect of such claim in terms of section 30 of the repealed Ordinance immediately before the date of commencement of this Act, shall continue to be so payable as if the repealed Ordinance had not been repealed by subsection (1) and this Act had come into operation on a date 12 months as from such date of commencement. (b) The holder of a mining claim referred to in paragraph (c) of subsection (2) shall on a date not later than 12 months as from such date of commencement - (i) furnish the Commissioner with the particulars referred to in paragraphs (d), (e) and (f) of subsection (4) of section 26 of the repealed Ordinance; (ii) submit to the Commissioner - (aa)a sketch-plan of the claim area and a certificate prepared mutatis mutandis in accordance with the provisions of section 33(2)(e) of this Act; (bb)a report in duplicate in such form as the Commissioner may determine on all prospecting operations and mining operations carried on the area of such claim as from the date on which such claim was registered in terms of section 29 of the repealed Ordinance together with the results of all analytical, metallurgical and mineralogical work relating thereto. (c) Any holder of a mining claim who contravenes or fails to comply with the provisions of paragraph (a) or (b) shall be guilty of an offence and on conviction liable to a fine not exceeding R8 000 or to imprisonment not exceeding 12 months or to both such fine and such imprisonment. (4) Notwithstanding the provisions of - (a) section 42, as applied by section 75, the holder of an exclusive prospecting licence contemplated in paragraph (d) of subsection (2) shall carry on the prospecting operations to which such exclusive prospecting licence relates and incur such expenditure which are, in terms of the programme of prospecting operations specified in the deed of grant in question, required to be carried on and expended; (b) section 123, the rental which was payable in respect of the prospecting grant referred to in paragraph (d) of subsection (2) in terms of section 60(2)(c) of the repealed Ordinance immediately before the date of commencement of this Act, shall continue to be so payable as if the repealed Ordinance had not been repealed by subsection (1) and this Act had come into operation on the date on which such grant is required to he extended as contemplated in section 60(1)(b) of the repealed Ordinance. (5) Notwithstanding the provisions of - (a) section 123 - (i) in the case of the mining title referred to in paragraph (e) of subsection (2), the mining area fee payable in respect of the mining area to which the mining title so referred to relates immediately before the date of commencement of this Act, shall, continue to be so payable as if the repealed Ordinance had not been repealed by subsection (1) and this Act had come into operation on the date on which the first half year contemplated in section 47(2) of the repealed Ordinance after the commencement of this Act had expired; (ii) in the case of the mining grant referred to in paragraph (e) of subsection (2), the rental payable in respect of the grant area to which the mining grant so referred to relates immediately before the date of commencement of this Act, shall continue to be so payable as if the repealed Ordinance had not been repealed by subsection (1) and this Act had come into operation on the date on which such rental would have been payable after the date of commencement of this Act; (b) section 78, the holder of a mining licence referred to in paragraph (e) of subsection (2) shall be entitled to apply mutatis mutandis in accordance with the provisions of Part XI of this Act for a mineral deposit retention licence as if such holder were the holder of an exclusive prospecting licence or a mining claim, except when a notice referred to in subsection (7) has been delivered to him or her. (6) Subject to the provisions of subsection (7), the provisions of this Act shall not be construed as detracting from the validity of the agreement known as the Halbscheid Agreement in so far as it was in force on the date immediately before the commencement of this Act. (7) The Minister may, if he or she deems it necessary in the interests of the development of the mineral resources of Namibia, by notice in writing addressed and delivered to the holder of a mining claim contemplated in paragraph (c) of subsection (2), the holder of an exclusive prospecting licence contemplated in paragraph (d) of that subsection, the holder of a mining licence contemplated in paragraph (e) of subsection (2) or any party to the agreement referred to in subsection (6), require such holder or party - (a) to enter into negotiations with the Minister in relation to - (i) the continuation or variation of the terms and conditions to which such mining claim, exclusive prospecting licence, mining licence or agreement, as the case may be, relates; (ii) the discontinuance of the registration of such mining claim or of such exclusive prospecting licence, mining licence or agreement or of any terms and conditions to which such mining claim, licence or agreement relates, and the registration of such mining claim or the issue of an exclusive prospecting licence or a mining license, in accordance with the provisions of this Act, in relation to any rights connected with such first-mentioned mining claim, exclusive prospecting licence, mining licence, or agreement; (b) to furnish the Minister with copies of such documents or other information which is in the possession or under the control of such holder or party as the Minister may require for purposes of any negotiations contemplated in paragraph (a). (8) (a) A person referred to in section 78(2) of the Petroleum (Exploration and Production Act), 1991 (Act 2 of 199 1), shall submit, within a period of 90 days as from the date of the commencement of this Act, particulars of any right granted to him or her under the repealed Ordinance in relation to natural oil, as defined in section 1 of the repealed Ordinance. (b) Any person referred to in paragraph (a) who fails to comply with the provisions of that paragraph shall be deemed to have abandoned all rights so granted, unless the Minister determines on good cause shown otherwise by notice in writing addressed and delivered to such person. (9) Notwithstanding the provisions of paragraph (e) of subsection (2), the Minister may - (a) if he or she is on reasonable grounds satisfied that he person who was the owner of a mining area referred to in the said paragraph (e) or the holder of a mining grant so referred to, has no intention of carrying on any mining operations on the mining area to which such mining title or mining grant relates, mutatis mutandis in accordance with the procedure as provided in section 92(4) by notice in writing addressed and delivered to such person declare that such mining title or mining grant, as the case may be, has lapsed; (b) if he or she is on reasonable grounds satisfied that the person who was the owner of a mining area referred to in the said paragraph (e) or the holder of a mining grant so referred to, is not carrying on any such mining operations on account of the fact that there exist grounds by virtue of which a mineral deposit retention licence can be issued to such person in terms of the provisions of this Act, grant, mutatis mutandis in accordance with the procedure as provided in section 92(4) and subject to the provisions of Part XI, a mineral deposit retention licence to such person; (c) if he or she is on reasonable grounds satisfied that the person who was the owner of a mining area referred to in the said paragraph (c) or the holder of a mining grant so referred to, is not carrying on any such mining operations on account of the fact that the circumstances relating to the mining area to which such mining title or mining grant relates justify the granting of an exclusive prospecting licence, mutatis mutandis in accordance with the procedure as provided in section 92(4) by notice in writing addressed and delivered to such person declare that the provisions of paragraph (d) of subsection (2) of this section shall apply mutatis mutandis in relation to such person as if such person were on the date immediately before the commencement of this Act the holder of a prospecting grant referred to in that paragraph. (10) Any licence issued under section 2 of the Dealing in Unwrought Precious Metals Proclamation, 1938 (Proclamation 5 of 1938), which was in force on the date immediately before the date of commencement of this Act shall be deemed to be a permit issued under section 105 of this Act on the date of such commencement. 140. Short title and commencement This Act shall be called the Minerals (Prospecting and Mining) Act, 1992, and shall come into operation on a date to be fixed by the Minister by notice in the Gazette. SCHEDULE 1 GROUPS OF MINERALS, ELEMENTS AND ROCK (Section 1) Part 1 Base and rare metals group Aluminium, antimony, arsenic, beryllium, bismuth, cadmium, caesium, chromium, cobalt, copper, gallium, germanium, hafnium, indium, iron, lead, manganese, mercury, molybdenum, nickel, niobium, radium, "Rare Earths" or lanthanides, including the actinides, scandium and yttrium, rhenium, rubidium, selenium, tantalum, tellurium, thallium, tin, tungsten, vanadium, zinc or zirconium, but does not include any such minerals if such mineral is incidentally included in a mineral falling in any other group of minerals. Part 2 Dimension stone group Rock material occurring naturally in, on or under the earth which is capable of being cut, shaped or used in blocks, slabs, sheets and tiles for the construction or cladding of buildings, pavings, monuments and memorials. Part 3 Industrial minerals group Alunite, andalusite-sillimanite-kyanite, anhydrite, aplite, asbestos, barite, beryl (excluding beryl as a source of beryllium metal or as a semi-precious stone), boron minerals, calcium carbonate, celestite, clay (including bentonite and Fuller's Earth (Palygorsite and attapulgite), ball clay, halloysite, hectorite, kaolin, refractory clay), corundum, diatomite, dolomite, epsomite, feldspar, fluorite, garnet (for industrial purposes), graphite, gypsum, heavy mineral sands, iodine minerals, leucoxene, lithium minerals, limestone and marble, magnesite, mica, nepheline syenite, nitrate, olivine, perlite, phosphate, fossil guano, quartz (for industrial purposes), picture-stone, potash, pumice, pyrophyllite, salt, sepiolite, silica sand, soapstone, soda-ash and other sodium compounds, strontianite sulphur and pyrite, talc, vermiculite, wollastonite. Part 4 Non-nuclear fuel minerals group Coal and oil-shale and all substances related thereto or derived therefrom, but does not include petroleum as defined in section I of the Petroleum (Exploration and Production) Act, 1991 (Act 2 of 1991). Part 5 Nuclear fuel minerals group Source material containing - (a) uranium, expressed as uranium oxide (U3O8), of more than 0.006 per cent; (b) thorium, expressed as thorium oxide (ThO2), of more than 0.5 per cent, and of which the mass is more than a half kilogram. Part 6 Precious metals group Gold, silver, platinum, palladium, osmium rhodium, iridium and ruthenium, but does not include any such mineral if such mineral is incidentally included in a mineral falling in any other group of minerals. Part 7 Precious stones group Diamonds, emeralds, rubies and sapphires. Part 8 Semi-precious stones group Amazonite, aventurine, beryl (including aquamarine, heliodor and morganite, but excluding beryl as a source of beryllium metal or as an industrial mineral), chrysoberyl, chrysocolla, cordierite, dioptase, dumortierite, garnet, milarite, quartz (including amethyst, citrine rock crystal, rose and strawberry quartz, agate, carnelian, chalcedony, chrysoprase, jasper, moss agate, hyalite, opal, pietersite and tiger's eye), sodalite, topaz, tourmaline and turquoise. SCHEDULE 2 LAWS REPEALED OR AMENDED (Section 139) Column 1 Column 2 Column 3 No. and year of law Title Extent of repeal or amendment Proclamation 5 of 1938 Dealing in Unwrought Precious Metals Proclamation, 1938 The repeal of the whole Proclamation 16 of 1941 Diamond Taxation Proclamation, 1941 (a) The repeal of section 3; (b) the amendment of section 12 by the deletion of the words "the diamond export duty and"; (c) the amendment of section 13 - (i) by the deletion of subsection (1); (ii) by the deletion in subsection (3) of the words "diamond export duty and"; (d) the amendment of section 16 by the deletion of the words "the diamond export duty,"; (e) the amendment of section 18 by the deletion in subsection (2) of the words "the diamond export duty,". Act 43 of 1963 Nuclear Installations Act (Licensing and Security Systems), 1963 The repeal of the whole. Act 39 of 1965 Atomic Energy and Nuclear Installations (Licensing and Security) Amendment Act, 1965 The repeal of the whole. Act 89 of 1967 Nuclear Installations (Licensing and Security) Amendment Act, 1967 The repeal of the whole. Act 90 of 1967 Atomic Energy Act, 1967 The repeal of the whole. Ordinance 20 of 1968 Mines, Works and Minerals Ordinance, 1968 The repeal of the whole, except in so far as it relates to the appointment and powers, duties and functions of the Chief Inspector of Mines and an inspector of mines, and the safety and health of persons employed in or in connection with mines and works. Proclamation R.87 of 1969 Dealing in Unwrought Precious Metals Amendment Proclamation, 1969 The repeal of the whole. Proclamation R19 of 1969 Mines Works and Minerals Amendment Proclamation, 1969 The repeal of the whole. Proclamation R.90 of 1969 Mining Titles Registration Proclamation, 1969 The repeal of the whole. Act 34 of 1970 Atomic Energy Amendment Act, 1970 The repeal of the whole. Act 73 of 1971 Atomic Energy Amendment Act, 1971 The repeal of the whole. Act 47 of 1972 Mines, Works and Minerals in South-West Africa Amendment Act, 1972 The repeal of the whole. Act 46 of 1973 Sea Birds and Seals Protection Act, 1973 The deletion of subsection (3) of section 15. Act 62 of 1973 General Law Amendment Act, 1973 The repeal of section 33. Act 38 of 1974 Nuclear Installations (Licensing and Security) Amendment Act, 1974 The repeal of the whole. Act 39 of 1974 Atomic Energy Amendment Act, 1974 The repeal of the whole. Act 63 of 1975 Expropriation Act, 1975 The repeal of sections 74 and 75. Act 91 of 1976 Nuclear Installations (Licensing and Security) Amendment Act, 1976 The repeal of the whole. Act 76 of 1977 Atomic Energy Amendment Act, 1977 The repeal of the whole. Act 22 of 1978 Nuclear Installations (Licensing and Security) Amendment Act, 1978 The repeal of the whole. Act 46 of 1978 Atomic Energy Amendment Act, 1978 The repeal of the whole. Proclamation AG.57 of 1978 Mineral Rights Proclamation, 1978 The repeal of the whole. Act 46 of l979 Atomic Energy Amendment Act, 1979 The repeal of the whole. Act 26 of' 1980 Mine, Works and Minerals Amendment Act, 1980 The repeal of the whole. Act 4 of 1981 Mines, Works and Minerals Amendment Act, 1981 The repeal of the whole. Act 7 of 1981 Atomic Energy Amendment Act, 1981 The repeal of the whole. Act 2 of 1991 Petroleum (Exploration and Production) Act, 1991 (a) The amendment of - section 4 by the deletion in paragraph (i) of subsection (1) of the words "mutatis mutandis in accordance with the provisions of sections 10 and 11 of the Mines, Works and Minerals Ordinance, 1968 (Ordinance 20 of 1968)"; (b) section 16 by the substitution in paragraph (c) of subsection (1) for the words "claim, grant area or mining area, as defined in section 1 of the Mines, Works and Minerals Ordinance, 1968 (Ordinance 20 of 1968)" of the words "mining area or claim area as defined in section 1 of the Minerals (Prospecting and Mining) Act, 1992"; and (c) section 78 by the deletion of subsection (1) in so far as it relates to the amendment of the Mines, Works and Minerals Ordinance, 1968 (Ordinance 20 of 1968). 174 Government Gazette 31 December 1992 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 174 Government Gazette 31 December 1992 No. 564 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 No. 564 Government Gazette 31 December 1992 174 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 Government Gazette 31 December 1992 No. 564 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 No. 564 Government Gazette 31 December 1992 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 No. 564 Government Gazette 31 December 1992 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 No. 564 Government Gazette 31 December 1992 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 No. 564 Government Gazette 31 December 1992 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 Government Gazette 31 December 1992 No. 564 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 No. 564 Government Gazette 31 December 1992 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 Government Gazette 31 December 1992 No. 564 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 No. 564 Government Gazette 31 December 1992 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 Government Gazette 31 December 1992 No. 564 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 4 Government Gazette 31 December 1992 No. 564 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 No. 564 Government Gazette 31 December 1992 9 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 14 Government Gazette 31 December 1992 No. 564 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 No. 564 Government Gazette 31 December 1992 11 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 No. 564 Government Gazette 31 December 1992 13 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 No. 564 Government Gazette 31 December 1992 15 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 No. 564 Government Gazette 31 December 1992 15 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 16 Government Gazette 31 December 1992 No. 564 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 No. 564 Government Gazette 31 December 1992 21 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 26 Government Gazette 31 December 1992 No. 564 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 No. 564 Government Gazette 31 December 1992 195 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 194 Government Gazette 31 December 1992 No. 564 Act No. 33, 1992 MINERALS (PROSPECTING AND MINING) ACT, 1992 |