AMENDMENTS AGREED TO

MINING TITLES REGISTRATION AMENDMENT BILL

[B 24-2003]

 

CLAUSE I

1. On page 3, from line 11, to omit the definition of "mineral title" and to substitute:

"mineral title" means any deed or document registered in the Mineral and Petroleum Titles Registration Office evidencing the right to prospect, mine, possess, trade or deal granted or acquired under the Mineral and Petroleum Resources Development Act, 2002, or any other law;

2. On page 3, after line 13, to insert the following definitions:

"mining permit" means a permit granted in terms of section 27 of the Mineral and Petroleum Resources Development Act, 2002;

"mining right" means a right granted in terms of section 23 of the Mineral and Petroleum Resources Development Act, 2002;

3. On page 3, from line 17, to omit the definition of "mortgage bond" or "bond" and to substitute:

"mortgage bond" or "bond" means a mortgage bond attested by the Director- General specially hypothecating any right granted or which remains in force in terms of the of the Mineral and Petroleum Resources Development Act, 2002;

4. On page 3, from line 25, to omit the definitions of "petroleum title" and "plan" and to substitute, respectively:

"petroleum title" means any deed or document registered in the Mineral and Petroleum Titles Registration Office evidencing the right granted to explore or produce petroleum granted in terms of the Mineral and Petroleum Resources Development Act, 2002;

"plan" means a prescribed sketch plan or locality plan defining the area for a right granted or issued for exploration, prospecting, reconnaissance, retention or a mining permit;

5. On page 3, in line 35, to omit "16" and to substitute "17".

6. On page 3, from line 46, to omit the definition of "right" and to substitute:

"right" means any right held by or under any deed and registered or capable of being registered in terms of the Mineral and Petroleum Resources Development Act, 2002;

 

CLAUSE 2

1. On page 4 after line 12 to add the following subclauses:

"(4) The registration of a right in terms of this Act, in the Mineral and Petroleum Titles Registration Office shall constitute a limited real right binding on third parties.

(5) Any registration or recording in the Mineral and Petroleum Titles Registration Office must comply with section 11 of the Mineral and Petroleum Resources Development Act, 2002.

CLAUSE 5

1. On page 4 in line 43 after "may" to insert

"with due regard to any regulation made under section 10(1)(k)"

2. On page 4 from line 42 to omit the proviso to paragraph (a) and to substitute:

"Provided that the Director- general may, with due regard to any regulations made under section 10(1)(k), destroy or otherwise dispose of any record which has been cancelled in terms of this [section] Act or any other law."

3. On page5 in line 15 after "cancellation" to insert" or lapsing".

4. On page 5 in line 17 after "sub-leases" to insert "of any right" .

5. On page 5 in line 20 after "abandonment" to insert ",lapsing"

6. On page 5 in line 30 to omit paragraph (d) and to substitute:

"(d) by the substitution in subsection (1) for paragraphs (m) and (n) of the following paragraphs respectively:

‘(m) register all notarial contracts relating to any rights granted in terms of the Mineral and Petroleum Resources Development Act, 2002;

(n) register any notarial variation, renewal or cancellation of such contracts.’.".

7. On page 5 in line 38 to omit "Director- General" and substitute" registrar"

8. On page 5 in line 55 to omit "mineral title, permit".

9. On page 5 in line 56 to omit "or of any other"

10. On page 6 in line 10 before "environmental" wherever it appears to insert "approved"

CLAUSE 6

1. On page 6 from line 52 to omit paragraph (f) and to substitute:

"(f) to make an endorsement on his or her own accord on any deed, diagram, plan or document where necessary in terms of this Act.".

CLAUSE 8

1. On page 7 in line 16 to omit "The" and to substitute:

"Subject to section 6(1)(e) the"

2. On page 7 in line 25 after "made" to insert "by the sheriff"

CLAUSE 10

1. On page 7 in line 32 to omit "Director- General" and to substitute "Minister".

2. On page 8 in line 4 after " registrar of deeds" to insert " Surveyor – General".

3. On page 8 in line 37 to omit "Director – General" and to substitute "Minister"

CLAUSE 12

1. On page 8 from line 49 to omit section 12 and to substitute:

"12. The Director – General shall continue during the transitional period referred to in Schedule 11 to the Mineral and Petroleum Resources Development Act, 2002, to keep the corresponding register in use in the Mineral and Petroleum Titles Registration Office immediately prior to the commencement of this Act and to continue to make the necessary entries therein."

NEW CLAUSE

1. That the following be a new clause to follow on clause 12:

"Insertion of section 12A in Act 16 of 1967

13. The following section is hereby inserted in the principal Act after section 12:

‘Lodgement

12A. (1) The holder of the right granted in terms of the Mineral and Petroleum Resources Development Act, 2002, shall lodge his or her right for registration in the prescribed manner and on payment of the prescribed fees.

(2) The holder shall lodge together with deeds or other documents for registration, a plan or a diagram depicting the area of the right.

(3) Any registration of a variation, amendment, modification, deduction, abandonment or cancellation shall be accompanied by a plan or a diagram depicting the area affected.

(4) All diagrams lodged in the Mineral and Petroleum Titles Registration Office shall be approved, confirmed or certified by the office of the Surveyor-General.".

CLAUSE 13

1 On page 9 in line 17 after "deed" to insert "diagram, plan".

2. On page 9 in line 17 after "or" to insert "other"

3. On page 9 from line 26 to omit

in respect of deeds executed or attested by him or her, or with the signing of his or her registration endorsement in respect of deeds or documents lodged for registration

CLAUSE 17

  1. On page 10, in line 51, to omit ", even when such holder is married".
  2. On page 10, after line 51, to add the following subsection:

    3.  

    1. Section 11 of the Mineral and Petroleum Resources Development Act, 2002, applies to the transfer of the right referred to in subsection (2) to a joint estate or to an heir by virtue of testate or intestate succession.

 

CLAUSE 19

1. On page 11, in line 11, to omit "or cession and".

2. On page 11, in line 11, after "bonds" to insert "and cession of mortgage bonds".

CLAUSE 24

  1. On page 12, in line 10, after "deed" to insert "and of undivided shares".

CLAUSE 27
  1. On page 13, from line 20, to omit paragraph (b) and to substitute:
    1. by the addition of the following subsections:

"(4) The holder of a right subject to a personal servitude and the

holder of that servitude may together mortgage the right to the full extent of their respective interests therein.

(5) The holder of the right and the holder of the servitude may, either of them as principal debtor, in the same bond, mortgage the right or the servitude, and either of them may in the same bond mortgage the servitude or right as surety.".

CLAUSE 28
  1. On page 13, in line 31, after "transfer" to insert ", cancellation".
  2. On page 13, from line 40, to omit paragraphs (a), (b) and (c) and to substitute:

in terms of this Act, any other law or by an order of court.".

CLAUSE 29

1. On page 14, in line 10, after "debtor" to insert:

in respect of the bond for the amount of the debt disclosed therein
  1. On page 14, from line 21, to omit paragraph (d) and to substitute the following paragraph:

"(d) endorse on the deed of transfer or cession the mortgage with the date and number of the bond and the amount due in terms thereof;"; and

CLAUSE 32

  1. On page 16, in line 1, after "diagram" to insert "or plan".
  2. On page 16, in line 12, after "prescribed" to insert:

accompanied by a diagram or plan depicting the area of the right

CLAUSE 33

  1. On page 16, in line 20, after "right" to insert:

if the reservation is in favour of the transferor or cedent

CLAUSE 34

  1. On page 16, from line 31, to omit "or on behalf of".

    2.  

  2. On page 16, in line 34, to omit "right and [, if" and substitute "right, [and, if".

    3.  

  3. On page 16, in line 37, to omit "deed of servitude and contract" and to substitute:

deeds of servitude and contract accompanied by the appropriate diagram or plan

CLAUSE 35

  1. On page 16, in line 49, after "servitude" to insert ", respectively".

 

 

 

CLAUSE 37
  1. On page 17, in line 22, after "sub-lease" to insert "is lodged for registration or".

CLAUSE 38

  1. On page 17, from line 31, to omit all the words following first "the" up to and including "lease" in line 32 and to substitute:

    2. [holder of the right affected thereby or the holder of the lease] lessor or the lessee or the lessee or sub-lessee

  2. On page 17, from line 45, to omit subsection (4).

 

CLAUSE 50

  1. On page 20, in line 23, to omit "for registration" and to substitute:

    2. by the holder for simultaneous registration and de-registration

  2. On page 20, in line 24, after "Office" to insert "or the Deeds Office, as the case may be,".

CLAUSE 52

  1. On page 20, in line 30, to omit "The" and to substitute:

Subject to Schedule II to the Mineral and Petroleum Resources Development Act, 2002, the