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MINERALS AND ENERGY PORTFOLIO COMMITTEE
21 June 2002
DELIBERATIONS ON THE MINERALS AND PETROLEUM RESOURCES DEVELOPMENT BILL
Chairperson: Mr M Goniwe (NA)
Mr M Moosa (NCOP)
Documents handed out:
Department amendments Part 1 and 2
(please email firstname.lastname@example.org for a copy)
Minerals and Petroleum Resources Development Bill
(Amendment document Part 1)
Clause 12: Consideration or royalty payable
The ANC supported the clause.
Mr Davidson (DP) was concerned about why the payment of royalties to an individual was up to the discretion of the Minister. He also asked why provision had been made for a 5-year sunset clause.
Mr Moosa said that the discretion of the Minister was included to protect individuals who were a present receiving royalties to also receive it in he future.
Mr Rocha (Department) said that the entitlement was for persons receiving royalties at present.
Mr A Nell was concerned about persons who were not as yet receiving royalties and would be entitled to it in the future.
Mr Moosa said that if these individuals were being prejudiced by the clause, it would be addressed.
Mr Moosa asked what role would local authorities play in the formation of trusts for the dispersement of royalties.
The Committee agreed that local authorities should have a representative on these trusts.
(i) Clause 13: Application for a reconnaiscence permission
(ii) Clause 14: Issuing and duration of the reconnaiscence permit
(iii) New Clause : Rights and obligations of the holder of a reconnaiscence permit
Mr Rocha presented the various formulations on the above clauses to the Committee.
Mr Moosa said that the clauses were exactly what the Committee had requested.
Mr Bell (DP) asked for what size area was a reconnaiscence permit to be granted.
Mr Rocha said that the size of the area had not been defined. The person making the application would request the size that he would require.
The Deputy Director General, Mr J. Moloi added that the applications would not be exclusive.
New Clause: Preferrent prospecting or mining right in respect of communities
Mr Rocha explained that the clause provides for the granting of a preferrent right to communities for a period of five years.
Mr Davison asked what was the reason for excluding an individual from being able to be granted these rights. Why does it only apply to communities?
The Committee accepted the clause.
Amendment document: Part 2
Clause 93: Offences
Reference was made in the clause to Clause 23(3), which required that the permission of the Minister should be obtained for the export of minerals, failing which it would be an offence.
Mr Bell felt the wording was a bit too prescriptive and made a suggestion that the Committee accepted.
Clause 43: Minister's power to remedy environmental damage in certain instances.
Committee accepted the proposed amendments.
Clause 98: Exemptions from certain provisions of the Act
Committee agreed to the proposed amendments.
New Clause: Lapsing of right, permits, permission and licences
Mr Nel said that no provision had been made in the clause for a deceased estate. To whom would the right be ceded?
Mr Oliphant (ANC) said that other pieces of legislation would cover it.
Mr Moosa felt Mr Nel's concern o be a genuine one and proposed the Department to look into it.
The Committee agreed.
The ANC proposed that provision for a Labour Plan should be made wherever reference was made to a Social Plan in the Bill.
The Committee accepted the proposal.
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