PART VI
OFFENCES, PENALTIES AND OTHER JUDICIAL MATTERS

168. Offences relating to illegal acts

Any person who-

1. contravenes a provision of section 103, 104(1), 105, 106, 109, 110 or 139;
2. places any unpolished diamond in the possession, or on the premises or in or on the vehicle, aircraft or vessel of any other person with intent that such other person be charged with an offence under this Act; or
3. contravenes a provision of section 107 or 108,

shall be guilty of an offence.

169. Offences relating to diamond trade

Any person who-

1. contravenes a provision of sections 118, 120(1), 128, 132, 134(1) or 136;
2. contravenes or fails to comply with a condition of a licence, permit or certificate under this Act;
3. fails to comply with a provision of sections 121(1), 123, 135, 140 or 141;
4. fails to comply with a request or notice under sections 115(2) or 127(3), or
5. contravenes or fails to comply with the provisions of any agreement referred to in section 143,

shall be guilty of an offence.

170. Offences relating to export and import of diamonds

Any person who-

1. contravenes a provision of section 144;
2. contravenes a provision of section 154;
3. contravenes a provision of section 155;
4.  in connection with the registration of any unpolished or polished diamond for export or import wilfully furnishes information or makes a statement which is false or misleading ; or
5. fails to comply with a provision of section 145(1), 148(3), 151(3) or 156(1).

shall be guilty of an offence.

171. Offences relating to functions of the Director-General, diamond inspectors and police officials

Any person who-

1. fails to comply with a direction in terms of section 164(1);
2. has been duly summoned in terms of section 165 and who fails, without sufficient cause-

1. to attend at the time and place specified in the summons; or
2. to remain in attendance until excused from further attendance by the person presiding at the inquiry;

3. has been called upon in terms of section 165(2)(b) and who refuses to be sworn in or to make an affirmation as a witness;
4. fails, without sufficient cause-

1. to answer fully and satisfactorily any question lawfully put to him or her in terms of section 165(2)(c); or
2. to produce any register, book or document in his or her possession or custody or under his or her control which he or she has been required to produce in terms o f section 165(2)(c);

5. hinders or obstructs any diamond inspector or police official in the performance of his or her functions in terms of this Act;
6. refuses or fails to comply to the best of his or her ability with any requirement or request made by any diamond inspector or police official in the performance of his or her functions in terms of this Act;
7. refuses or fails to answer to the best of his or her ability any question which any diamond inspector or police official in the performance of his o r her functions in terms of this Act has put to him or her;
8. wilfully furnishes to any diamond inspector or police official information which is false or misleading; or
9. except for the purposes of performing his or her functions in terms of this Act or when required to do so by any court or under any law, discloses to any other person any information acquired by him or her in the performance of his or her functions under this Act,

shall be guilty of an offence.

172. Offences involving fraudulent conduct

Any person who-

1. in or in connection with an application in terms of this Act wilfully furnishes information or makes a statement which is false or misleading;
2. with intent to defraud, alters, defaces, destroys or mutilates any register or document in terms of this Act; or
3. falsely gives himself or herself out-

1. to be the holder of a licence or permit under this Act;
2. to be registered as an authorized representative of any juristic person; or
3. to be a diamond inspector,

shall be guilty o f an offence.

173. Penalties

Any person who is convicted of an offence in terms of this Act shall be liable-

1. in the case of an offence referred to in section 168(a) or 169(e), to a fine not exceeding R1 000 000, or to imprisonment for a period not exceeding twenty years, or to both such fine and such imprisonment;
2. in the case of an offence referred to in section 168(b) or (c), to a fine not exceeding R250 000 or to imprisonment for a period not exceeding ten years, or to both such fine and such imprisonment;
3. in t he case of an offence referred to in section 169(a) or 170(a), to a fine not exceeding R100 000 or to imprisonment for a period not exceeding four years, or to both such fine and such imprisonment;
4. in the case of an offence referred to in section 169(b) ,170(b) or (c), to a fine not exceeding R50 000 or to imprisonment for a period not exceeding two years, or to both such fine and such imprisonment; and(
5. in the case of an offence referred to in section 169(c) or (d), 170(c), (d) or (e), 171 or 172, to a fine not exceeding R25 000 or to imprisonment for a period not exceeding twelve months, or to both such fine and such imprisonment.

174. Documentary evidence

In any prosecution for an offence under this Act a document which purports to be a licence, permit , certificate or other authority issued or obtained in terms of this Act, or a copy of such a licence, permit, certificate or authority certified as a true copy by a person who purports to be a person in the service of the State, must on its production in the court be admissible in evidence and be prima facie proof of the particulars contained therein.

175. Presumption

If it is alleged in any prosecution for an offence under this Act that a diamond in respect of which the offence allegedly was committed is an unpolished diamond, it shall be presumed, until the contrary is proved, that the diamond is an un polished diamond.

176. Liability of employer or principal

(1) An act or omission of an employee or agent which constitutes an offence under this Act shall be deemed to be the act or omission of his or her employer or principal, and that employer or principal may be convicted and sentenced in respect of it if the State proves beyond a reasonable doubt-

1. that he or she permitted or connived at such act or omission; or
2. that he or she failed to take all reasonable steps to prevent an act or omission of the kind in question;

(2) The provisions of subsection (1) shall not relieve the employee or agent concerned from liability to be convicted and sentenced in respect of the act or omission in question.

177. Forfeiture

(1) Notwithstanding anything to the contrary in any other law contained, any money or property which a person has paid or delivered to a diamond inspector or a member or agent of the South African Police Service in pursuance of an agreement for the delivery or acquisition of unpolished diamonds, shall upon the conviction of that person of an offence under this Act in connection with such an agreement be forfeited to the State.

(2) (a) A forfeiture in terms of subsection (1) shall not affect any right which any person other than the convicted person may have to the property forfeited if he or she satisfies the court concerned-

1. that he or she did not know that such property was being used or would be used for the purpose of or in connection with the commission of the offence in question; or
2. that he or she could not prevent such use.

2. Paragraph (a) shall not apply to any money so forfeited.

(3) The provisions of section 35(4) of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall mutatis mutandis apply in respect of a right ref erred to in subsection (2), and for the purposes of such application-

1. a reference in the said section to the court shall be construed as a reference to the court which has convicted the person referred to in subsection (1); and
2. a reference in the said section to a declaration of forfeiture shall be construed as a forfeiture in terms of subsection (1).

(4) Any diamond seized in accordance with the provisions of section 167 (1) (i) by a diamond inspector or a member or agent of the South African Police Service, must be kept in safe custody and shall upon conviction of a person having conducted an offence under this Act, be forfeited to the State and sold in the prescribed manner and the proceeds thereof shall be paid into the National Revenue Fund.

PART VII
GENERAL

178. Regulations

(1) The Minister may, by notice in the Gazette, make regulations as to-

1. the prevention of illegal acts relating to diamonds;
2. the registration of persons in the service, or involved in the activities, of a licensee and t he keeping of a register of persons so registered;
3. control over and the searching of those persons;
4. the imposition of a restriction on or prohibition of any particular interest in the activities carried on by a producer or licensee;
5. the cancellation of any registration in terms of this Act or of any permit, certificate or other right issued or obtained in terms of this Act;
6. the supply of unpolished diamonds to the diamond processing industry;
7. the payment of witness fees to persons summoned to appear before the Director-General;
8. the imposition of a fine by the Commissioner on the failure of any person to pay any export duty within the period determined by or in terms of this Act, irrespective of whether criminal proceedings in terms of this Act have been or may be instituted against any such person in respect of the failure;
9. the sale of diamonds seized and forfeited to the State;
10. any matter required or permitted to be prescribed by regulation in terms of this Act; and
11. in general, any matter which the Minister may consider necessary or expedient to prescribe or regulate in order that the objects of this Act may be achieved, and the generality of this paragraph shall not be limited by the preceding paragraphs.

(2) Regulations made in terms subsection (1) may prescribe penalties for any contravention thereof or failure to comply therewith not exceeding a fine of R25 000 or imprisonment for a period of twelve months.

179. Savings

(1) Anything done by virtue of a provision of the Diamonds Act, 1986 (Act 56 of 1986), and which is permitted or required to be done in terms of a provision of this Act, shall be deemed to have been done in terms of the latter provision.

(2) Any licence deemed to have been issued in terms of a provision of this Act, excluding a temporary licence issued for a particular period, shall remain in force until it is suspended or cancelled in terms of this Act.

PART VIII
ABOLITION OF THE SOUTH AFRICAN DIAMOND BOARD

180. Abolition of the Diamond Board

The Diamond Board is hereby abolished.

181. Vesting and transfer of assets, liabilities, rights, duties and obligations of the Diamond Board-

(1) Notwithstanding anything to the contrary in any other law, all the powers, assets, finances, liabilities, rights, duties and obligations of the Diamond Board shall vest as follows:

1. State

Assets (including non-liquid assets), liabilities and rights.

1. Minister

Finances and liquid assets (including but not limited to levies), duties, obligations and powers.

(2) The Minister shall, with due consideration to sections 182(2)(c) and 183(1), transfer the finances referred to in subsection (1) to the State and shall take all the necessary steps and perform all the duties required to give effect to such transfer, including but not limited to the winding-up of the financial system and closing of bank accounts referred to in section 183(1).

(3)(a)  The levies referred to in subsection (1)(b) determined in terms of section 93 of the Diamonds Act, 1986 (Act 56 of 1986), shall after the commencement of this Act be payable to the Minister until the date referred to in paragraph (b).

3. The Minister shall determine a date on which the finances and bank accounts referred to in subsection (2) will be transferred and closed.

182. Transfer, retrenchment and remuneration of staff

(1) Every person referred to in section 14 of the Diamonds Act, 1986 (Act 56 of 1986), in the service of the Diamond Board and who would have been in the service of the Diamond Board but for the adoption of this Act, shall on the date of commencement of this Act be placed in the service of the Minister until such person is transferred and employed or retrenched in terms of subsection (4).

(2) (a) The provisions of any contract of service and the conditions of service applying to any person referred to in subsection (1) and which would have applied to him or her but for the adoption of this Act, shall without change, subject to the provisions of paragraph (b) and of subsection (3), continue to apply to him or her until he or she is transferred and employed or retrenched in terms of subsection (4).

2. The conditions of service referred to in paragraph (a) may, after the commencement of this Act be amended by the Minister after consultation with such person:  Provided that any such amendment shall not in the opinion of such person, result in less favourable conditions of service for the person concerned than those that applied to him or her on the commencement of this Act.
3. A person referred to in subsection (1) shall be remunerated by the Minister in accordance with his or her conditions of service referred to in paragraph (a) out of finances referred to in section 181(1) for as long as such person is in the service of the Minister in terms of subsection (1).

(3) Notwithstanding anything to the contrary in any other law, but subject to the provisions of this Act, the provisions of the Labour Relations A ct, 1995 (Act 66 of 1995), shall continue to apply to a person referred to in subsection (1) save in so far as the negotiation and determination of his or her remuneration in respect of his or her employment are concerned:  Provided that in the case of any person who, in terms of subsection (4) is transferred to and employed in a post in the Public Service, the said Act shall, as from the date of such transfer and employment, only apply to the extent to which it applies to persons in the service of the Stat e in respect of their services as such.

(4) (a)   A person referred to in subsection (1) shall, after having been given at least 30 days’ notice by the Minister, with effect from a date determined by the Minister-

1. subject to the provisions of subsection (5) be transferred to and employed in a post in the Public Service;
2. subject to the provisions of paragraph (b) and subsection (6) be transferred to and employed by any other body established by or under any law and approved by the Minister; or
3. subject to the provisions of the Labour Relations Act, 1995, and any contract of service and the conditions of service applying to such person in terms of subsection (2) be retrenched.

2. The notice contemplated in paragraph (a) to transfer or retrench a person in terms of subparagraphs (i), (ii) or (iii) of that paragraph shall be given by the Minister within 90 days as from the date of commencement of this Act.
3. A person referred to in paragraph (a)(i) and (ii) may be transferred and employed only with his or her consent.

(5) If any person is transferred and appointed in a post in the Public Service in terms of subsection (4)(a)(i), he or she shall be appointed and employed on a salary approved for such post and on the conditions applying to the appointment and service of officers and employees in the Public Service: Provided that-

1. vacation leave standing to the credit of any person with the Diamond Board shall stand to his or her credit in the Public Service;
2. pensionable service performed by any person in the service of the Diamond Board and pensionable service recognized by the Diamond Board shall be deemed to be pensionable service performed by him or her in the Public Service;
3. a person shall not as a consequence of such transfer and appointment acquire a retirement age which is less favourable than that which applied to him or her in the service of the Diamond Board;
4. any person shall, within six months, or such longer period as the Minister of Finance may determine, after hi s or her transfer to and appointment in a post in the Public Service, be given a non-recurrent choice either to remain a member of the pension fund of which he or she was a member while in the service of the Diamond Board or, subject to the conditions determined by the Minister of Finance, to become a member of the pension fund applicable to officers or employees in the Public Service;
5. any disciplinary steps instituted or being considered against such person in respect of alleged misconduct committed before the date of his or her transfer and appointment shall be dealt with in terms of the conditions applying to the appointment and service of officers and employees in the Public Service, as if the person concerned was an officer or employee in the Public Service at the time when the misconduct was committed.

(6) If any person is transferred and appointed to any body established by or under any law and approved by the Minister in terms of subsection (4)(a)(ii), he or she shall be appointed and employed on a s alary approved by such body and on the conditions applying to the appointment and service of employees with such body:  Provided that-

1. vacation leave standing to the credit of any such person with the Diamond Board shall stand to his or her credit with such body;
2. pensionable service performed by any person in the service of the Diamond Board and pensionable service recognised by the Diamond Board shall be deemed to be pensionable service performed by him or her in the service of the body concerned;
3. a person shall not as a consequence of such transfer and appointment acquire a retirement age which is less favourable than that which applied to him or her in the service of the Board;
4. any person shall, within six months after his or her transfer to and appointment by the body concerned, be given a non-recurrent choice either to remain a member of the pension fund of which he or she was a member while in the service of the Diamond Board or to become a member of the pension fund applicable to employees of the body concerned, subject to the laws and rules applicable to that pension fund;
5. any disciplinary steps instituted or being considered against such person in respect of alleged misconduct or improper conduct committed before the date of his or her transfer and appointment shall be dealt with in terms of the provisions of the laws that apply to employees of the body concerned as if such person was an employee of that body at the time when the misconduct or improper conduct was committed.

183. Accounting responsibility

(1) The Minister shall honour obligations out of finances referred to in section 181(1) and shall keep and maintain such financial records and systems and bank accounts in the name of the Diamond Board for that purpose and which may be necessary or required to give effect to the provisions of section 182(2)(c) and for the period referred to therein.

(2) The financial records contemplated in subsection (1) shall be audited by the Auditor-General.

184. Administration of laws

(1) The administration or exercise of any power or right conferred or duty imposed which is assigned by any law to the Diamond Board shall on the fixed date pass to the Director-General.

(2) Any person referred to in section 182(1) who exercised a power in any post or office, shall continue, unless clearly inappropriate, to perform the functions attached to that post or office as if this Act has not been adopted, unless the Minister determines otherwise.

185. Interpretation of certain expressions

Unless it is clearly inappropriate in any particular case, any reference in any law or document to-

1. the Diamond Board shall on the date commencement of this Act be construed as a reference to the Minister;
2. a person in the service of the Diamond Board shall on the fixed date be construed as a reference to a person in the service of the Minister.

186. Termination of agreements between the Diamond Board and any person

1. Any agreement entered into between the Diamond Board and any person in terms of section 13(b) of the Diamonds Act, 1986 (Act No.56 of 1986), for the performance of any particular act or work or for the rendering of any particular service, which continues to exist or is in force in terms of that section, shall, notwithstanding the repeal of the said Act, be re-negotiated with the Commissioner within a period of six months fro m the date of commencement of this Act.
2. If the agreement referred to in paragraph (a) is not re-negotiated within the period referred ton in that paragraph, such agreement shall lapse at the end of the period or such earlier date as may be agreed upon.

CHAPTER 9

PETROLEUM EXPLORATION AND PRODUCTION

187. Application of this Chapter

(1) This Chapter provides for the issuing and granting of reconnaissance licences and exploration and production rights. 

(2) This Chapter shall not be construed as exempting any holder of a reconnaissance licence or an exploration or production right from any provision of this Act, and the provisions of this Act shall apply mutatis mutandis to any exploration and production right granted in terms of this chapter.

188. Definitions

In this Chapter unless the context otherwise indicates –

“block”, means any area on land or over the sea situated wholly or partly in the Republic and indicated as a block on a map of the Republic prepared by the Petroleum Agency, and shall include a part of such a block;

“CEF (Proprietary) Limited”, means the State-owned company established in terms of the Central Energy Fund Act, 1977, (Act No 38 of 1977);

“discovery”, means the discovery of petroleum recoverable at the surface in a flow measurable by conventional petroleum industry testing methods;

“discovery block”, means a block in respect of which a discovery has been made;

“drilling”, in relation to a well, included the fitting of wellhead s, coring and logging and any operations carried out for the purpose of preventing the sides of the well from collapsing or the well from being filled by any extraneous substance;

“exploration area”, means the area comprising the block or blocks to which an exploration right relates;

“exploration right”, means a prospecting right granted in terms of section 32(1) for the exploration of petroleum;

“exploration operation”, means any operation carried out for or in connection with the exploration for petroleum, and includes -

1. geological, geophysical, geochemical, palaeontological, aerial, magnetic, gravity or seismic surveys and the appraisal of such surveys and drilling for appraisal purposes;
2. the study of the feasibility of any production operations or development operations to be carried out in such exploration area;

“good oil field practice”, means any internationally accepted practices which are generally applied by persons involved in the exploration or production of petroleum as  good, safe, efficient, and necessary in the carrying out of exploration operations or production operations;

“Petroleum Agency”, means the State agency established under CEF (Pty) Limited and known as the South African Agency for Promotion of Petroleum Exploration and Exploitation;

“petroleum”, means any liquid, solid hydrocarbon or combustible gas existing in a natural condition in the earth’s crust and includes any such liquid or solid hydrocarbon or combustible gas which gas has in any manner been returned to such natural condition, but shall not include coal, bituminous shale or other stratified deposits from which oil can be obtained by destructive distillation, or gas arising from marsh or other surface deposits;

“petroleum field”, means a block or blocks declared as such in terms of section 206;“petroleum reservoir”, means a place in the earth’s crust where petroleum accumulated naturally;

“production area”, means the area comprising the area in respect of which a production right has been granted;

“production operations”, means any operations carried out for or in connection with the production of petroleum;

“production right”, means a  mining right granted in terms of section 44(1) for the mining of petroleum;

“reconnaissance licence”, means the licence to conduct  reconnaissance operations issued in terms of section 200;

“reconnaissance operation”, means any  operation carried out for or in connection with the search for petroleum by geological, geophysical and photogeological surveys and includes any remote sensing techniques, but does not include any exploration operation;

“well”, means a borehole, made by drilling for purposes of exploration operations or production operations, but does not include a seismic shot hole.

189. Administration

(1) This Chapter shall be administered under the control of the Minister by the Director-General.

(2) The Petroleum Agency must perform those functions assigned to it in terms of this Act in accordance with and subject to the instructions and directives of the Director-General.

190. Functions of the Petroleum Agency

(1) The Petroleum Agency shall for and on behalf of the State -

1. promote onshore and offshore exploration for and production of petroleum;
2. notwithstanding any other provisions  of this Act, receive applications for reconnaissance licences and exploration rights and production rights;
3. evaluate, negotiate and make recommendations via the Director:  Mineral Development to the Director-General regarding applications for exploration rights and production rights;
4. evaluate, negotiate and issue reconnaissance licences;
5. monitor, and report regularly to the Director-General in respect of, performance by, and enforcement against, holders of reconnaissance licences and exploration and production rights of their obligations, in respect of rights granted or agreements entered into with the State;
6. receive, maintain, store, interpret, evaluate, add value, disseminate and deal in, all geological and geophysical information relating to petroleum;
7. bring to the notice of the Director-General any information in relation to exploration and production of petroleum, which is likely to be of use or benefit to the State;
8. advise and recommend to the Director-General on the need to carry out on behalf of the State reconnaissance operations in connection with petroleum;
9. advise the Director-General on the disposal of any participation interest in any production operation; and
10. assist the Department in the performance of any functions or carry out any instruction by the Minister or the Director-General in respect of petroleum exploration and production.

191. Invitation for applications

Subject to the provisions of this Act, the Minister may, if he or she deems it necessary or expedient in the national interest or for the promotion of the upstream petroleum industry, by notice  in the Government Gazette call for applications for reconnaissance licences exploration or production rights  in respect of any block or blocks, and may specify in such notice a period within which any application may be lodged and the terms and conditions subject to which such licence or right may be granted.

192. Obligations of holders of exploration rights

(1) The holder of an exploration right must, subject to the provisions of this Act-

1. carry out exploration operations in the exploration area in accordance with the objects of good oil field practices;
2. maintain in good condition and repair all structures, equipment and other goods  in the exploration area used in connection with the exploration operations concerned;
3. remove from the exploration area concerned all structures, equipment  and other objects not used or intended to be used in connection with the exploration operations concerned;
4. take steps to warn persons who may from time to time be in the vicinity of any such structure, equipment or other objects, of the possible hazard or danger resulting therefrom;  and
5. make payment of the prescribed fees in relation to an exploration right;

(2) Without derogating from the generality of subsection (1), the holder of an exploration right shall-

1. control the flow and prevent the waste, escape or spilling in the exploration area of petroleum, water or any gas;
2. prevent the waste or spilling in the exploration area of water or drilling fluid or water and drilling fluid or any other substances extracted from a well drilled for the purposes of or in connection with exploration operations or used in relations to the drilling of such well;
3. prevent damage to petroleum-bearing strata in any area outside the exploration area;
4. prevent that petroleum reservoirs in the exploration area or such water sources as may be determined by the Petroleum Agency from being connected with each other;
5. prevent water or any other substance entering any petroleum reservoir through the wells in the exploration area, except if required by, and in accordance with good oil field practices;
6. prevent pollution of any acquifer, estuary, harbour, lake, reservoir, river, springs, stream, borehole and all other areas of water by spilling of petroleum, drilling fluid, chemical additive, any gas or any waste product or effluent;
7. furnish the Petroleum Agency prior to drilling of any well a report containing particulars of the technique to be employed, an estimate of the time to be taken, the material to be used and the safety measures to be employed in the drilling of such well;  and
8. not flare any combustible gas, except-

1. for the purposes of testing such gas, or for operational reasons; or
2. with the approval in writing, previously obtained in every particular case, of the Petroleum Agency and in accordance with such terms and conditions determined by the Petroleum Agency.

193. Obligations of holders of production rights

(1) The provisions of section 192 shall apply mutatis mutandis in relation to the holder of a production right.

(2) The holder of a production right shall –

1. with due regard being paid to good oil field practices,  measure and weigh in accordance with a method approved, by the Petroleum Agency, all petroleum produced and saved from the production area;  and
2. cause all appliances used for the purpose s of weighing and measuring to be tested and examined in accordance with any directions in writing by the Petroleum Agency.

(3) If, upon any test or examination referred to in subsection (2)(a), it is proved that any such appliance is defective, it shall, for the purposes of payment of royalties, be deemed to be so defective during a period equal to a period  of half the period  as from the date on which petroleum was  last measured or weighed with such appliances to the date on which the  test or examination was completed, unless the Petroleum Agency determines otherwise after having considered any representations in writing made by the holder of the right concerned.

(4) For the purposes of measuring any petroleum consisting of combustible gas produced an d saved from the area to which the right concerned relates, the volume of such gas shall be calculated at an absolute pressure of one atmosphere and at a temperature of 15,5o Celsius.

194. Petroleum agreements

(1) The Minister may, when considering the granting of an exploration or production right, enter into an agreement, not inconsistent with the provisions of this Act, with the applicant concerned containing the terms and conditions provided for in  subsection (2).(2) An agreement referred to in subsection (1) shall, whenever necessary, include terms and conditions relating to-

1. the basis upon which the market value of petroleum may from time to time be determined;
2. minimum exploration operations or production operations to be carried out and the time-table determined for the purposes of such operations;
3. the mini mum expenditure in respect of exploration operations or production operations;
4. the formation of joint ventures or  operations of production sharing or other joint arrangements, including profit-sharing  by the State;
5. participation interest by the State or its nominee;
6. the manner in which reconnaissance operations, exploration operations, or production operations as the case may be, shall be carried out;
7. guarantees to ensure the due and proper performance by the holder of a reconnaissance licence or an exploration or production right of its obligations;
8. financial and insurance arrangements;   and
9. the manner in which or method to be used to resolve any disputes which may arise in the application or interpretation of any terms and condition of such agreement.

(3) Any term and condition contained in an agreement  referred to in subsection (1) which is inconsistent with the provisions of this Act is to the extent of its inconsistency of no force or effect.

(4) Nothing contained in any agreement shall be construed to absolve any party thereto from any requirement laid down by any law or from any provisions of this Act.

195. Relinquishment  of land by holder of exploration right

(1) If the holder of an exploration right applies for a renewal of such right, he or she shall by notice in writing to the Petroleum Agency relinquish –

1. not later than thirty days before the expiry  of the exploration right, at least  50 percent of the exploration area to which the right relates and which is identified in such notice;  and
2. not later than thirty days before the expiry of any renewal period, at least 25 percent of such exploration area and which is so identified.

(2) The holder of an exploration right shall relinquish land in such a manner so as to ensure that the exploration area is, after such relinquishment, as a single area consisting, in as far as it is possible, of rectangular blocks bounded by lines running either due North and South or due East and West and having sides, each of at least 30 seconds of longitude or latitude, as the case may be.

(3) If an exploration right is cancelled in relation to any area of land in any year of the currency of the exploration right, such area of land shall be deemed to have been relinquished for the purposes of the determination of the relinquishment next required to be made by the holder of such right under subsection (1)(a) or (b).

(4)  An agreement referred to in section 194  may provide for a relinquishment on any other basis provided for in subsection (1).

(5) The Minister may, on application by the holder of an exploration right, by notice in writing exempt such holder from the provisions of subsection (1) if he or she deems it in the national interest and the development of petroleum resources of the Republic.

(6) This section shall not be construed to as requiring the holder of an exploration right to relinquish any land in the exploration area which is-

1. the subject of an application for a production right;
2. situated within a petroleum field;  or
3. the subject of application for declaration of a petroleum field.

196. Application for reconnaissance licence

(1) An application for a reconnaissance licence must be lodged on the prescribed form and on payment of non-refundable prescribed fee at the Petroleum Agency and must contain-

1. full particulars of the applicant;
2. a plan indicating the block or blocks to which the application relates;
3. particulars in relation to-

1. the minimum reconnaissance operations and expenditure proposed to be carried out  or expended in  respect of  the block or blocks to which the application relates;
2. the programme of such reconnaissance operations, the expenditure in respect thereof, the period within which such operations will be carried out and such expenditure will be made;  and
3. an estimate of the effect which the proposed reconnaissance operations may have on the environment;

4. the period for which the licence is required;
5. any other information, data or documentation that the Minister or the Petroleum Agency may require in connection with the information required under paragraphs (a) to (c);  and
6. the reconnaissance work programme.

197. Rights of holder of reconnaissance licence

(1) Subject to the provisions of this Act, the holder of a reconnaissance licence authorises the holder of such licence to conduct reconnaissance operations subject to the terms and conditions of such licence and in such block or blocks as may be specified in such licence.(2) A reconnaissance licence shall not be issued in relation of any  block or blocks in respect of which, at the time of lodgement of such application, any licence or permit  has been issued or right has been granted in terms of this Act.

198. Duration  of reconnaissance licences

(1) Subject to the provisions of this Act, a reconnaissance licence shall be valid-

1. for such period, not exceeding two years, as may be determined by the Petroleum Agency;  and
2. for such further period, not exceeding two years, as may be determined by the Petroleum Agency at the time of application for the renewal of a reconnaissance licence.

(2) A reconnaissance licence shall only be renewed once.

(3) Notwithstanding the provisions of subsection (1), but subject to the provisions of this Act, a reconnaissance licence shall not expire during the period within which an application for the renewal of such licence is being considered until it is refused, withdrawn or it lapses, whichever occurs first.

199. Application for renewal of reconnaissance licence

(1) The holder of a reconnaissance licence may at any time but not later than ninety days before the expiry of such reconnaissance licence, apply for the renewal of the reconnaissance licence.

(2) Any application for renewal of a reconnaissance licence must-

1. be lodged with the Petroleum Agency on a prescribed form together with the payment of a non-refundable prescribed application fee;
2. state the period for which the renewal is required;
3. give reasons why a renewal is required;
4. be accompanied by a report reflecting the results and interpretation of the completed exploration operation and the costs thereof;
5. be accompanied by a report reflecting the extent of environmental rehabilitation, if any, conducted and completed thus far  and the costs thereof; and
6. include a detailed reconnaissance work programme for the renewal period.

200. Issue and renewal of reconnaissance licence

If the Petroleum Agency is satisfied that the holder has complied with the provisions of sections 199 or 202  and having due regard to the reasons given under section 202(2)(c) and the contents of the report referred to in section 202(2)(d), the Agency must issue the reconnaissance licence or renewal thereof as the case may be.

201. Transfer of reconnaissance licence

A reconnaissance licence shall not be transferred, ceded, sub-let, l et, alienate, disposed of or encumbered by mortgage.

202. Work programmes for reconnaissance licences

(1) The Petroleum Agency must approve the reconnaissance work programme submitted in terms of section 199(2)(f) or section 202(2)(f) as the case may be.

(2 ) The holder of a reconnaissance licence shall carry out the reconnaissance operations in accordance with the reconnaissance work programme approved in terms of subsection(1).

(3) The Petroleum Agency, may upon written application by the holder of a reconnaissance licence, amend any work programme referred to in subsection (1).

203. Discovery of petroleum

(1) When a discovery is made in an exploration area, the holder of the exploration right concerned must-

1. inform the Petroleum Agency, in writing, that a discovery in respect of the exploration area concerned has been made;
2. furnish the Petroleum Agency in writing within a period of sixty days from the date of such discovery  with particulars relating to-

1. the block or blocks where such discovery was made;
2. the nature and extent of such discovery; and
3. other information or data as the Petroleum Agency may require;

3. cause tests to be made in connection with such discovery in order to determine the commercial interest of such discovery;
4. within a period of sixty days after  completing such tests-

1. furnish the Petroleum Agency with a written report containing an evaluated  result of such tests; and
2. provide an evaluation of the potential commercial interest of such discovery.

(2) If it appears from the report referred to in subsection (1)(d) that a discovery may be of commercial interest, the holder of the exploration right concerned must-

1. take such steps, as may be necessary, to appraise the discovery  and determine the quantity of petroleum so discovered; and
2. furnish the Petroleum Agency with a written report  containing information and data of such appraisal  and determination.

(3) The Minister may, upon written application lodged by the holder o f the exploration right concerned with the Petroleum Agency and subject to such condition determined by  him or her, exempt such holder from provisions of subsection (2).

204. Information to be furnished in respect of discovery of petroleum

The Petroleum Agency may at any time during the period referred to in section 203(1)(b) or within such other period as may be specified by the Petroleum Agency,  require the holder of the exploration right concerned to furnish the Petroleum Agency with such information or data on any matter concerning the discovery or any appraisal of such discovery.

205. 205. Discovery which is of no commercial interest

(1) If it appears from the report referred to in section 203(1)(b) that a discovery is not of potential commercial interest, t he Minister may direct that with effect from a date specified in such notice the right in question shall cease to be of any force or effect in relation to the discovery block concerned and any adjoining land required for the purpose of obtaining access to such block.

(2) The Minister shall not exercise his or her powers under subsection (1), unless he or she –

1. has informed such holder of his or her intention to exercise such powers requiring  such holder to make representations to the Minister in relation to the matter; and
2. is satisfied that the discovery is not of any commercial interest.

206. Declaration of a petroleum field

(1) If it appears from the report referred to in section 203(1)(b) that the discovery is of a commercial interest, the Minister shall, upon written application by the holder of the exploration right, declare by notice in the Government Gazette the discovery block and any other adjoining blocks to be a petroleum field.

(2) Subject to the provisions of subsection (1) and (3), the Minister may, upon written application lodged with the Petroleum Agency by the holder of the exploration right concerned, declare by notice in the Government Gazette that the blocks specified in such application shall form part or cease to form part o f a petroleum field.

(3) The holder of  an exploration right shall not lodge any application referred to in subsection (1) or (2) in respect of any block, unless such block contains a petroleum reservoir or part of a petroleum  reservoir adjoins any such block.

(4) The Minister shall not under subsection (1) or (2) declare  any block to be a petroleum field or to form part thereof, unless such block contains a petroleum reservoir or part of a petroleum reservoir adjoins any such block.

(5) For the purposes of this section a block shall be regarded to adjoin a discovery block or a block containing a petroleum reservoir or part thereof, if any part of such block has a side in common or touches such discovery block or such other block.

207. Right to apply for production rights

(1) When a petroleum field is declared under section 206, the holder of the exploration right  may subject to the provisions of section 38 apply within a period of two years from the day of declaration of such petroleum field or such further period as may be determined by the Minister, for  a production right in respect of such petroleum field.

(2) If the holder referred to in subsection (1) –

1. fails to apply for a production right within the specified period; or
2. informs the Petroleum Agency in writing within such period that he or she does not intend to apply for a production right,

the Minister may by notice in the Government Gazette withdraw the notice in terms of which the petroleum field was declared.

208. Unitization of production areas

(1) If the Minister is satisfied that any land over which a production right has been granted forms geologically part of the same petroleum reservoir over which any other such right has been granted, and that it is desirable that the said petroleum reservoir be mined as a unit, he/she may by notice in writing require the holders of such production rights together to prepare a scheme for mining the said petroleum reservoir as a unit and to submit such scheme to the Minister within a period so specified.

(2) If no scheme is submitted within the period specified in the notice or within such further period as the Minister may allow, or if the scheme submitted is not acceptable to the Minister, he/she may after consultation with the holders of the said production rights, prepare a scheme for mining the area as a unit.

(3) The Minister may, if he/she is satisfied that any scheme submitted under subsection (1) is practicable and is fair and equitable to all the parties concerned, confirm such scheme, and it, or any scheme prepared by the Minister under subsection (2), shall become binding upon the holders of the said production rights as from a date to be determined by the Minister.

(4) The Minister shall forthwith notify the holders of such production rights in writing of any decision and determination under subsection (3).

(5) If any holder of a production right fails to carry out any provision of a scheme which is binding upon him/her, the Minister may by notice in writing require him/her to do so within a period specified in the notice, and if he/she fails to comply with the notice, the Minister may terminate his/her production right.

CHAPTER 10

GENERAL AND MISCELLANEOUS PROVISIONS

209. Power to enter upon land or place and to perform any acts

(1) The Minister may authorise any person in writing to enter, without a warrant, at any time and without prior notice, any prospecting or mining area or any land, place, structure,  vessel, vehicle, or aircraft to conduct any investigation concerning a matter which the Minister requires to be investigated in pursuance of the objectives of this Act.

(2) The Director-General may authorise any officer of the Department in writing  to enter, with out a warrant, at any time and without prior notice, any prospecting or mining area,  or any land, place, structure, vehicle, vessel or aircraft to exercise any power or duty or to perform any function required in terms of this Act.

(3) Any authorised per son or official referred to in subsections (1) and (2) is empowered to-

1. take with him or her such persons or  vehicles, appliances, instruments and material as he or she may deem necessary;
2. question any person and take a statement from such person; and(
3. require to be made available and examine any report, balance sheet, profit and loss account, book, record, document, programme, diagram, plan or drawing relevant to the investigation, power, duty or function contemplated in sub-section (1) an d (2).

(4) Any holder of a prospecting right or mining right or owner of land or any employee of such holder or owner requested thereto by an authorised person or officer referred to in subsections (1) and (2),  shall accompany such person or officer and provide the necessary assistance in order to enable such person or officer to conduct any investigation,  exercise any powers or to perform any duty or function,  required in terms of subsections (1) or (2).

(5) The Director: Mineral Development is deemed to have been authorised in terms of subsection (2), by virtue of his or her appointment in terms of  section 8.

210. Producing of documents at request of the Director: Mineral Development

Any person who in accordance with this Act is the holder or who should be in possession of any right, permit, or any other document must promptly produce such right, permit or document at the request of the Director: Mineral Development or any other person or officer authorised in terms of section 209(1) or (2).

211. Limitation of State's liability

(1) Save as otherwise provided in this Act, neither the State nor any person in the employ of the State is liable for any claims,  loss, damage, injury or death caused by or resulting from –

1. the exercise of any power or the performance of any duty or function in terms of this Act;
2. the failure to exercise any power or perform any duty or function in terms of this Act, or

unless the exercise of or failure to exercise the power or performance or failure to perform the duty or function was unlawful, negligent or in bad faith.

212. Serving of documents

(1) Save as is otherwise provided in this Act, any notice, order, directive or other document which is required in terms of this Act to be served on or given to any person, shall be deemed to have been duly served or given if –

1. it is delivered by hand to that person;
2. it is sent by registered mail to that person's latest known business, postal  or residential address; or
3. published in the Government or Provincial  Gazette.

(2) Any notice, order, directive or any other document issued in terms of this Act, shall be valid according to the terms thereof, notwithstanding any want of form or lack of power on the part of any person to issue or authenticate it, provided such power is subsequently conferred upon such person.

213. Right of appeal

(1) Any person who feels aggrieved by any action or decision that a Director: Mineral Development has taken or made in terms of this Act, may, within  40 days from the date on which such action or decision was taken or made by the latter,  lodge an appeal in writing with the Director-General against any such action or decision, and thereupon the Director-General may confirm, set aside, substitute or amend any such action or decision.

(2) Any person who feels aggrieved by any action or decision that the Director-General has taken or made in terms of this Act,  may, within 30 days from the date on which such action or decision was taken or made by the latter, lodge an appeal in writing with the Minister against any such action or decision, and thereupon the Minister may confirm, set aside, substitute or amend any such action or decision.

(3) Any appeal in terms of subsection (1) or (2) must set out the grounds of appeal in writing and must be accompanied by the prescribed fee which must be refunded if the appeal is upheld.

(4) An appeal in terms of subsection (1) or (2) does not suspend the decision, unless so suspended by the Director-General or the Minister as the case may be.

214. Prohibition on obstruction of official or person

No person shall hinder, oppose or obstruct any officer or any other person in the exercise of his or her  powers or the performance of his or her duties conferred or imposed on him or her by this Act.

215. Prohibitions on victimisation

No person shall take any action or permit any action to be taken against any employee in any way which may be to his or her detriment, or shall alter his or her  position or allow his or her position to be altered to his disadvantage relative to other employees, by reason of the fact,  or because such person suspects or believes, whether or not such suspicion or belief is justified or correct, that such employee has given information to the Minister or any other person charged with the execution of this Act in respect of anything which is required to be done or omitted in terms of this Act or which relates thereto, or because he or she has complied with a prohibition, order, request or instruction of the Director: Mineral Development.

216. Offences

(1) Any person who contravenes or fails to comply with -

1. any provision of -

1. sections  5(2), 13(1), 19, 20(1), 20(4), 23(1), 59, 60(1) or 61(1);
2. sections 269(6), (7),  265(a), (b), (c), (d), (e) or (f);
3. sections 65(1), 65(4) or 65(5);
4. sections 67(1), 67(2)(b) or 67(3)(c);
5. sections 69, 70, or 71(1);
6. section 72; or
7. sections 75(2), 75(3), 75(4), or 75(7);

2. any provision of -

1. any directive, notice, suspension, order, instruct ion or condition issued, given or determined in terms of this Act;  or
2. any request referred to in section 209(4);

shall be guilty of an offence.

(2) Any person who contravenes or fails to comply with any provision of this Act, any regulation or any condition, notice, order, instruction, prohibition, authorisation, permission, consent, exemption, certificate or document determined, given, issued, promulgated or granted by or under this Act by the Director-General, a Director: Mineral Development or any other officer in the service of the Department duly authorised thereto ex officio or by the Director-General shall, if any such contravention or failure is not declared an offence elsewhere, be guilty of an offence.

217. Penalties

(1) Any per son convicted of any offence in terms of this Act, is liable -

1. in the case of an offence referred to in section 216(1)(a)(i) or (b)(i) or (ii), to a fine or imprisonment for a period not exceeding one year or both a fine and such imprisonment, and to a further fine not exceeding  R 5000 or to further imprisonment not exceeding five days per day for every day upon which the person so contravened the provision concerned or failed to comply therewith: Provided that the period of such further imprisonment shall not exceed six months;
2. in the case of an offence referred to in section 216(a)(ii) to a fine or to imprisonment for a period not exceeding 2 years or both a fine and such imprisonment, and to a further fine not exceeding R 10 000 or to further imprisonment not exceeding 5 days per day for every day upon which the person so contravened the provision concerned or failed to comply therewith: Provided that the period of such further imprisonment shall not exceed one year;
3. in the case of an off ence referred to in section 216(a)(iii) to a fine or to imprisonment for a period not exceeding two years or both a fine and such imprisonment;
4. in the case of an offence referred to in section 215(a)(iv) to the penalty that may be imposed in law for perjury;
5. in the case of an offence referred to in section 216(a)(v) to the penalty applicable to a similar offence in a magistrate's court;
6. in the case of an offence referred to in section 216(1)(a)(vi) to a fine or imprisonment for a period no t exceeding  10 years or to both  a fine and such imprisonment; or
7. in the case of any conviction of an offence in terms of this Act for which no penalty is expressly determined, to a fine or to imprisonment for a period not exceeding six months or both a fine and such imprisonment.

(2) Notwithstanding anything to the contrary contained in any other law, a magistrate's court shall have the jurisdiction to impose any penalty provided for in this Act.

218. Delegation of Powers

(1) The Minister may delegate any power, function or duty conferred upon him or her in terms of  this Act, excluding the power to make regulations under section 219  and the hearing of an appeal referred to in section 213(2) above, to-

1. the Deputy Minister of Minerals and Energy;
2. the Director-General;
3. any other officer in the service of the Department; or
4. to the executive head of an organ of state under the control of the Minister with due consideration of the objects for which such an organ of state was established.

(2) The Director-General may delegate any power, function or duty vested in him or her in terms of this Act to -

1. the Deputy-Director General: Mineral Development; or
2. any other officer in the service of the Department.

(3) The Director: Mineral Development may delegate any power, function or duty conferred upon in him or her in terms of this Act to any officer in the service of the Department.

(4) The delegations referred to in subsection (1), (2), and (3) -

1. must be in writing;
2. may be made subject to conditions;
3. does not prevent the exercise of the power, function or duty by the person who has delegated such power, function or duty; and
4. may be withdrawn by the person who has delegated such power, function or duty.

219. Regulations

(1) The Minister may, by notice in the Government Gazette, make regulations-

1. dealing with any matter which under this Act must be dealt with by regulations;  and
2. on any matter that the Minister considers necessary or expedient to prescribe or be governed by regulation in order to achieve the objects of this Act.

(2) The Minister may by regulation provide that infringement of any regulation constitute a criminal offence and prescribe penalties for such offence with the approval of the Minister of Justice.

220. Proof of facts

In any legal proceeding in terms of this Act any statement, entry, record, information in or on any book, document, plan, drawing, or computer storage medium shall be admissible in evidence as an admission of the facts in or on it by the person who made, entered, recorded or stored it unless it is proved that such statement, entry, record or information was not made, entered, recorded or stored by such person within the scope of his functions.

221. Orders, suspensions and instructions

(1) If an officer authorised by the Director-General is of the opinion that any contravention or suspected contravention of  or any failure to comply with any provision of this Act or any condition to which any prospecting right , mining right, retention permit, exemption or environmental management programme  granted or approved in terms of this Act, is subject, occurs at any mine or place presumed to be a mine, such officer may –

1. order the holder of any prospecting right, mining right or retention permit, manager or any official, employee or agent of such holder  to take immediate rectifying steps;
2. order that the operations at such mine or place or part thereof be suspended, and give such instructions in connection therewith as he or she may deem desirable, or
3. impose a fine.

(2) Any order referred to in subsection (1) (b) shall be confirmed or set aside by the Director: Mineral Development, who shall notify the holder or manager of the mine or presumptive mine concerned in writing of his or her decision as soon as practicable.

(3) Any order given under subsection (1) (b) shall take effect from the date fixed by the officer concerned and shall remain in force until set aside by the Director: Mineral Development or until the instruction of the officer has been complied with.

222. Inquiries

(1) If any contravention or suspected contravention of or any failure or suspected failure to comply with any provision of this Act occurs at any mine or place presumed to be a mine, an inquiry may be held to any such matter by an officer designated by the Director-General.

(2) The Director-General may, either before the commencement or at any stage of an inquiry held in terms of subsection (1) or (4) designate one or more other officers to assist in the holding of such inquiry and may designate an officer to preside at such inquiry.

(3) Any investigating officer holding an inquiry into any matter in terms of this section shall, if necessary with the assistance of an interpreter, take down or record the evidence given thereat and submit a written copy thereof with a report thereon to the Director: Mineral Development, who shall transmit it to the Director-General, unless otherwise directed by the latter.

(4) Upon consideration of the evidence and report referred to in subsection (3) the Director-General may require that the matter concerned be inquired into further.

223. Attendance and examination of witnesses at inquiry

(1) An investigating officer holding an inquiry in terms of section 222(1) or (4) into any matter or who is to preside or is presiding at such inquiry may, for the purpose of such inquiry-

1. direct or summon any person to appear before him or her at such time and place as may be determined by him or her; or
2. order any person present at the place where such inquiry is being held –

1. to give evidence thereat;
2. to produce any document or thing which he or she may deem necessary for the proper disposal of such inquiry; or
3. to perform any other act in relation to this Act which he or she may direct.

(2) If any person has reason to believe that he or she may be held liable for any matter which shall or may be inquired into in terms of section 222(1) or (4),  he or she shall have the right, subject to subsection (1), not to be compelled, to be present at any such inquiry and to be assisted or represented by another person.

(3) If at any inquiry held in terms of section 222(1) or (4) evidence has been or is being given from which any person may reasonably infer that he or she may be charged with contravening any provision of this Act or failing to comply therewith  or may be held responsible in any manner for the matter comprising the subject of such inquiry, he or she shall have the right, but is not compelled, to give evidence, either personally or through a representative –

1. to be heard:
2. to call any witness or to request the investigating officer to direct or summon any witness on his or her behalf, either to give evidence thereat or to produce any document or thing;
3. to cross-examine anybody giving evidence at such inquiry; and
4. to peruse any document which has been presented as evidence.

(4) Any person who satisfies an investigating officer that he or she has a material interest in any inquiry held in terms of section 222(1) or (4) ma y, either personally or through a representative, put  such questions as the investigating officer may consider relevant to such inquiry, to a witness giving evidence thereat.

(5) Any investigating officer may, at any inquiry held in terms of section 222( 1) or (4), administer an oath which is normally administered to a witness in a court of law, to any witness before giving evidence,  or if objecting to taking such oath, he or she may make an affirmation, and such affirmation shall have the same legal force and effect as such oath.

(6) No person called as a witness at any inquiry held in terms of section 222(1) or (4) shall, when he or she is requested thereto, refuse or fail to take an oath or, if he or she objects thereto, to make an affirmation.

(7) No person to whom an oath referred to in subsection (5) has been administered or who has made an affirmation so referred to, shall give evidence knowing it  to be false or make a statement under oath or affirmation which is contrary to any statement which that person made under oath or affirmation on a previous occasion.

(8) Any witness at any inquiry held in terms of section 222(1) or (4) shall have the same privilege in relation to the answering of questions or the production of documents or things as such witness would have had under the same circumstances if the witness had been summoned as such before a court of law.

(9) (a)   Any inquiry or any part thereof held in terms of section 222(1) or (4) shall, in so far as it is in the opinion of the investigating officer practically possible or desirable, be held in public.

2. The investigating officer may decide whether any witness who has to give evidence or has given evidence at an inquiry referred to in paragraph (a), shall be present whilst other witnesses are giving their evidence thereat.

224. Obstruction of inquiry or investigating officer or failure to render assistance

No person shall, in relation to any inquiry held in terms of section 222(1) or (4) –

1. without reasonable justification fail to comply with any direction, summon or order issued or given under section 223(1) or by virtue of a request under section 223(1) (b) (ii);
2. refuse or fail to answer to the best of his or her knowledge any question lawfully put to him or her by or with the concurrence of the investigating officer: Provided that no person shall be obliged to answer any question whereby that person may incriminate himself or herself;
3. in any manner whatsoever advise, encourage, incite, order or persuade any person who has been directed, summoned or ordered under section 223(1) or by virtue of a request under section 223(1) (b)(ii), not to comply with such direction, summons or order or in any manner prevent him or her from doing so;
4. refuse or fail, when required thereto by the investigating officer, to furnish him or her with the mean s or render him or her the necessary assistance for holding such inquiry;
5. refuse or fail, when required thereto by the investigating officer, to attend an inquiry; or
6. intentionally insult an investigating officer or intentionally interrupt the proceedings thereat.

225. Act binds the State

The provisions of this Act shall bind the State or any organ of State, save in so far as –

1. criminal liability is concerned; or
2. may be determined by the Minister by notice in the Government Gazette.

226. Repeal and amendment of laws

(1) Subject to subsection (2), the laws specified in the Schedule are hereby amended or repealed to the extent indicated in the third column thereof.

(2) The provisions of this Act shall, not be affected by any term or condition of any agreement, whether such agreement, was notarially executed or not or was entered into before or after the commencement of this Act.

227. Short title

This Act shall be called the Minerals Development Act, 2000

228. Commencement

(1) The Act shall come into operation on a date fixed by the President by proclamation in the Gazette,

(2) Different dates may be fixed in terms of subsection (1) in respect of different provisions of this Act.

Schedule