Transfer of land from one mining licence to another
33A Transfer of land from one mining licence to another
The holder of a mining licence may transfer an area of land covered by the holder's licence to the holder of another mining licence.
Such a transfer may only be made—
with the approval of the Minister; and
in the manner and form specified by the Minister; and
if the land to be transferred adjoins the land covered by the licence to which the land is to be transferred; and
if the conditions applying to, and the remaining currency of, the 2 licences are substantially the same; and
if the Minister is satisfied that adequate arrangements have been made to continue or replace any rehabilitation bond that applies to the land.
The Minister must not approve a transfer under this section unless the Minister is satisfied that the transfer is necessary to ensure that work can be undertaken on the land.
A transfer has no effect until evidence of the transfer and the Minister's approval is registered.
The holder of the licence to which land has been transferred must give written notice of the transfer to the owners of the land.
On a transfer taking effect—
any licence conditions that applied to the transferred land cease to apply; and
the transferred land is subject to the licence conditions that apply to the licence to which the land has been transferred; and
the transferred land becomes part of the land covered by that licence.
S. 33B inserted by No. 82/2000 s. 28.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.