Department Of Mineral Resources Regulations

MINING TITLES

AMENDED PROCEDURE FOR LODGEMENT OF RIGHTS AT THE MINERAL AND PETROLEUM TITLES REGISTRATION OFFICE [MPTRO]
1. PROCEDURE FOR LODGEMENT OF PROSPECTING, MINING, EXPLORATION AND PRODUCTION RIGHTS.
1.1 Subsequent to the execution of a Prospecting and/or Mining right at the Regional Office and a Exploration and/or Production right at the Petroleum Agency of SA, the holder or Notary Public acting on behalf of the holder must within the prescribed time-frames:
1.1.1 Lodge within 60 days for new rights
1.1.2 Lodge within 90 days for converted rights
1.2 The said rights must be lodged as follows and accompanied by the following documents:
1.2.1 Three sets of originally executed rights
1.2.2 Duly prepared and signed Regulation 42 plan/diagram. The plan/diagram must bear a prescribed certificate as contemplated in section 15A (2) of the Mining Titles Registration Amendment Act, 2003 i.e. the preparer must disclose their name, designation, registration number and sign the certificate
1.2.3 A Power of Attorney
1.2.4 In case of converted rights, a copy of the Old Order Right
1.2.5 Prospecting /Mining Work Programme
1.2.6 In case of a Mining right, Social and Labour Plan as well as empowerment documents
1.2.7 Where a mining right has been obtained in respect of a Prospecting right in terms of section 19(1)(b) of the Mineral and Petroleum Resources Development Act, 2002 as amended (MPRDA), the client’s copy of the prospecting right must be lodged for endorsement purposes
2. PROCEDURE FOR LODGEMENT OF NOTARIAL DEEDS OF CESSION OF PROSPECTING, MINING, EXPLORATION AND PRODUCTION RIGHTS.
2.1 A Notarial Deed of Cession of prospecting, mining, exploration or production rights executed before a Notary Public by the cedent and cessionary or their duly authorized agents must in terms of section 11(4) of the MPRDA be lodged within 60 days of the relevant transaction at the MPTRO.
2.2 The said deed must be lodged as follows and accompanied by the following documents
2.2.1. Three sets of the originally executed Notarial Deeds of Cession
2.2.2 The clients/ holder’s originally registered principal prospecting, mining, and exploration or production right. If lost or missing, the transaction must be accompanied by an application prepared in terms of Regulation 60 of the Mining Titles Registration Regulations, 2004 for a certified copy
2.2.3 Consent by the Minister in terms of section 11(1) of the MPRDA
2.2.4 A Transfer Duty Receipt or an Exemption Certificate thereof issued in terms of section 9(18) (b) of the Transfer Duty Act 40/1949.
3. PROCEDURE FOR LODGEMENT OF NOTARIAL DEEDS IN RESPECT OF OTHER ANCILLARY TRANSACTIONS RELATING TO PROSPECTING, MINING, EXPLORATION OR PRODUCTION RIGHTS
3.1 Notarial Deeds of Amendment/Variation of Prospecting, Mining, Exploration or Production Rights.
3.1.1 Three sets of originally executed Notarial Deeds of amendment/variation;
3.1.2 The client’s/ holder’s originally registered principal prospecting, mining, exploration or production rights. If lost or missing, the transaction must be accompanied by an application prepared in terms of Regulation 60 of the Mining Titles Registration Regulations, 2004 for a certified copy;
3.1.3 If the amendment/variation relates to the addition or subtraction of properties, an amended and approved Regulation 42 plan/diagram depicting the revised area as well as the total area forming subject of the right must be lodged, accompanied by a revised work programme relating to the varied area. The revised plan/diagram shall supersede the plan/diagram accompanying the principal right. If the amendment relates to amendment or variation of commodities, this must be supported by a revised work programme;
3.1.4 Consent by the Minister in terms of section 102 of the MPRDA.
3.2 Notarial Deeds of Renewal of a Prospecting, Mining, Exploration or Production Rights.
3.2.1 Three sets of originally executed Notarial Deeds of Renewal
3.2.2 The client’s/holder’s originally registered principal prospecting, mining, exploration or production right. If lost or missing, the transaction must be accompanied by an application prepared in terms of Regulation 60 of the Mining Titles Registration Regulations, 2004 for a certified copy.
4. PROCEDURE FOR LODGEMENT OF OTHER RELATED TRANSACTIONS APPLICATION IN TERMS OF SECTION 6(1)(b) OF 24 of 2003
4.1 In instances where there is an application to rectify an error in registration in terms of section 6(1)(b) of the above Act, the transaction must be accompanied by an application and affidavit citing the nature of the error and the rectification required, provided such rectification would not have the effect of transferring a right. The application must be accompanied by a letter of acknowledgement from the Regional Manager, as the prescribed custodian of rights granted under the MPRDA, in whose region the right was executed. The application must, further, be accompanied by the originally registered right. If lost or missing, the transaction must be accompanied by an application prepared in terms of Regulation 60 of the Mining Titles Registration Amendment Regulations, 2004 for a certified copy.
NB: Take note that the aforesaid procedure shall not apply in cases where the error occurred in granting or issuing of the right concerned.
APPLICATION FOR CHANGE OF NAME OR CONVERSION OF STATUS OF A COMPANY
4.2 Where a company has changed its name or converted its status in terms of the provisions of the Companies Act, the holder shall apply for the noting of the changes in terms of section 59 of the Mining Titles Registration Amendment Act. The application must be accompanied by:
4.2.1 A certified copy of the Certificate of Change of Name or Certificate of Conversion of Status
4.2.2 All registered rights to be endorsed.
5. Non-compliance with paragraphs: 1-4 and their clauses will entitle the Lodgment Officer to reject the documents on lodgment and the said documents will not be accepted for further processing. Rights and/or Deeds rejected on lodgement shall NOT be regarded as being examined.
6. If the lodged documents are in compliance with paragraphs 1-4 and their clauses above, the documents will be forwarded for examination and registration, provided that they are legally registrable.
7. Fees of Office
The Notary / Holder must pay the following registration fees or related fees as laid out in the Mining Titles Registration Regulations, 2004 at lodgement or provide proof of payment thereof if payment was made at the regional office:

8. Lodgement Hours
All rights and documents tendered for registration must be lodged from 07h30 to 12h30 daily (Monday to Friday).
9. Collection
After registration, the MPTRO will invite the Notary or the lawful representative of the holder to collect the registered documents and the MPTRO will facilitate delivery of the Regional Office’s registered rights. It is however the Notary’s / Client’s responsibility / duty to follow up on the registered rights. Take note that registered transaction/s shall be released to the duly authorized agent/s only. It is, therefore, the holder’s responsibility to inform the MPTRO of any revocation of a mandate.

This amended circular comes into effect on the 30^th June 2016 and in certain circumstances, it will be deemed to have a retrospective effect on certain documents lodged prior to the date on which it came to operation.