AMENDED PROCEDURE FOR LODGEMENT OF RIGHTS GRANTED IN TERMS OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002: 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 production and/or exploration right at the Petroleum Agency of SA [PASA], the holder or notary public acting on behalf of the holder must within the prescribed timeframes:
1.1.1 Lodge within 30 days for new rights
1.1.2 Lodge within 90 days for converted rights

1.2 The said deeds must be lodged as follows and accompanied by the following documents:
1.2.1 Four sets of originally executed rights
1.2.2 A regulation 42(2) plan/diagram
1.2.3 A Power of Attorney
1.2.4 In case of a converted right, a complete copy of the old order right
1.2.5 Prospecting/Mining Work Programme
1.2.6 In case of a mining right, a Social and Labour Plan as well as the empowerment documents, if applicable
1.2.7 Where a mining right has been granted in respect of a prospecting right in terms of section 19(1)(b) of the Mineral and Petroleum Resources Development Act, 2002 [MPRDA], the holder’s copy of the prospecting right must be lodged for endorsement purposes.

2. PROCEDURE FOR LODGEMENT OF A NOTARIAL DEED OF CESSION OF A PROSPECTING, MINING, EXPLORATION AND PRODUCTION RIGHT.

2.1 A Notarial Deed of Cession of a prospecting, mining, exploration or production right executed before a notary public by the cedent and cessionary or their duly authorized agent must in terms of section 11(4) of the MPRDA be lodged within 30 days of the relevant action at the MPTRO.
2.2 The said deed must be lodged as follows and accompanied by the following documents:

2.2.1 Four sets of the originally executed Notarial Deeds of Cession
2.2.2 Complete holder’s originally registered principal prospecting, mining, and exploration or production right
2.2.3 Consent by the Minister in terms of section 11(1) of the MPRDA
2.2.4 Transfer Duty Receipt or an exemption certificate provided for in terms of section 9 of the Transfer Duty Act 40 of 1949.

3. PROCEDURE FOR LODGEMENT OF A NOTARIAL DEED OF AMENDMENT, VARIATION AND RENEWAL OF A PROSPECTING, MINING, EXPLORATION OR PRODUCTION RIGHT

3.1 Notarial Deeds of amendment, variation or renewal of a prospecting, mining, exploration or production right must be executed before the Regional Manager at the Regional Office where the principal right was executed or the designated agent at PASA where the principal right was granted and lodge for registration at the MPTRO in terms of section 5(d) and 5(m) of Mining Titles Registration Amendment Act of 2003;
3.2 The said deeds must be lodged and accompanied by the following documents:

3.2.1. Notarial Deed of Amendment of a Prospecting, Mining, Exploration or Production Right

3.2.1.1 Four sets of originally executed Notarial Deeds of Amendment
3.2.1.2 Complete holder’s originally registered principal prospecting, mining, exploration or production right
3.2.1.3 Consent by the Minister in terms of section 102 of the MPRDA.

3.2.2. Notarial Deed of Renewal of a Prospecting, Mining, Exploration or Production Right

3.2.2.1 Four sets of originally executed Notarial Deeds of Renewal
3.2.2.2 Complete holder’s originally registered principal, prospecting, mining, exploration or production right
3.2.2.3 Consent by the Minister in terms of section 18(3) of the MPRDA
3.2.2.4 Prospecting Work Programme/Mining Work Programme for the renewal period as prescribed in section 18(2)(d) and 24(2)(c) of the MPRDA.

3.2.3 Notarial Deed of Variation of Prospecting, Mining, Exploration or Production Right

3.2.3.1 Four sets of originally executed Notarial Deeds of Variation
3.2.3.2 Complete holder’s originally registered principal, prospecting, mining, exploration or production right
3.2.3.3 Consent by the Minister in terms of section 102 of the MPRDA

4. Non compliance with paragraphs 1-3 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.

5. If the lodged documents are in compliance with paragraph 1-3 and their clauses above, the documents will be forwarded for examination and will be registered provided that they are legally registrable.

6. Registration Fees

The Notary/holder must pay the following registration fees as laid out in the Mining Titles Registration Regulations, 2004:

6.1. R50.00 for new and converted rights / any other registration.
6.2. R200.00 for registration of cessions
6.3. The payment receipt must be attached to the lodged rights, and in case where an electronic payment facility has been used, proof of payment must be provided.

7. Collection / Delivery

After registration, the MPTRO will invite the holder or lawful representative for collection of the registered rights (i.e. holder and notary’s copies) and arrange delivery for the Regional Office’s copy. It is however the Notary’s / holder’s responsibility / duty to follow up on the registered rights. In the event that the right is rejected, the MPTRO will notify the person who was responsible for lodgement of the right. It is therefore imperative that the person responsible for lodgement of rights to provide appropriate contact details.