Mineral and Petroleum Resources Development Bill: deliberations

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Mineral Resources and Energy

13 June 2002
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Meeting Summary

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Meeting report

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The aim of this report is to summarise the main events at the meeting and identify the key role players. This report is not a verbatim transcript of proceedings.

13 June 2002

Mr M. Goniwe (NA)
Mr M. Moosa (NCOP)

Documents handed out:

Minerals and Petroleum Resources Development Bill
The Committee requested of the Department to compile a document of all the proposals that had arisen out of the public hearings process.

Mr Rocha (Department) noted that there had been 80 submissions and that compiling such a document would be a daunting task.

Members of the Committee made suggestions to Mr Rocha on how he should go about compiling such a document. The Committee also suggested that the State Law Advisers should assist in drafting the document.

Mr Gideon from the State Law Advisers Office agreed to assist the Department in compiling the document. He however noted that the State Law Advisers would only be able to provide assistance on legal and constitutional issues.

The Committee agreed.

The Chairperson, Mr Goniwe proposed that the Committee proceed with substantive issues. He proposed to discuss the issue of Security of Tenure.

The Committee agreed.

Security of Tenure
Mr Rocha noted that security of tenure was guaranteed in the body of the Bill as well as in the transitional arrangements. The guarantee holds as long as the holder fulfills all requirements.

Mr G Oliphant (ANC) agreed that security of tenure was guaranteed in the Bill. He noted that Clauses 2(d) and 2(f) seemed to be the most problematic.

Mr I Davidson (DP) felt that the definition of security of tenure was of great importance. He pointed out that security of tenure was one of the core issues in the Bill.

Mr M Moosa emphasized that a distinction needed to be drawn between security of tenure in the main body of the Bill and that what was contained in the transitional arrangements.

Mr R Mofokeng (ANC) noted that as much was said about security of tenure during the hearings, none of the presenters had proposed a length of time that was felt to be appropriate for security of tenure.

Mr Moosa asked Mr Rocha to give the committee an international comparison of security of tenure periods.

Mr Rocha proceeded to give the Committee an indication of the relevant periods for security of tenure in countries like Australia, Canada and parts of Africa. The common period seemed to be 21 years for a mining right and 3years for a prospecting right.

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