Tenement holder may authorise mining by third party
118A Tenement holder may authorise mining by third party
In this section —
authorisation means an authorisation under subsection (2).
The holder of a prospecting licence, exploration licence or mining lease (the relevant tenement) may, by instrument in writing, authorise another person to carry out mining of a kind authorised by the relevant tenement on the land the subject of the relevant tenement.
An authorisation may be given subject to conditions specified in the authorisation.
Mining carried out under an authorisation is to be regarded for the purposes of this Act as mining carried out by the holder of the relevant tenement.
Expenditure on or in connection with mining carried out under an authorisation is to be regarded for the purposes of the prescribed expenditure conditions referred to in section 50, 62 or 82(1)(c) as expenditure by the holder of the relevant tenement.
The giving of an authorisation does not affect the duties or obligations of the holder of the relevant tenement under this Act.
[Section 118A inserted: No. 39 of 2004 s. 98(1).]
119. Mining tenement may be sold, encumbered etc.
Subject to this Act a mining tenement may be sold, encumbered, transmitted, seized and sold to satisfy a judgment, or otherwise disposed of.
A legal or equitable interest in or affecting a mining tenement is not capable of being created, assigned, affected or dealt with, whether directly or indirectly, except by an instrument in writing signed by the person creating, assigning or otherwise dealing with the interest.
[Section 119 amended: No. 10 of 1982 s. 28; No. 37 of 1993 s. 27; No. 58 of 1994 s. 46; No. 59 of 2004 s. 116.]
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