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CONTENTS

CONTENTS. LINKAGE BETWEEN THE MTRAB AND THE MPRDA WHAT ARE THE OBJECTIVES OF THE CURRENT ACT (MTRA) WHAT ARE THE OBJECTIVES OF THE AMENDMENT BILL (MTRAB) WHY THE AMENDMENT. THE LINKAGE BETWEEN THE ACT AND THE BILL. MPRDA provides for a policy shift by

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CONTENTS

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  1. CONTENTS • LINKAGE BETWEEN THE MTRAB AND THE MPRDA • WHAT ARE THE OBJECTIVES OF THE CURRENT ACT (MTRA) • WHAT ARE THE OBJECTIVES OF THE AMENDMENT BILL (MTRAB) • WHY THE AMENDMENT

  2. THE LINKAGE BETWEEN THE ACT AND THE BILL • MPRDA provides for a policy shift by • -giving custodianship of mineral resources to the state • -guaranteeing security of tenure to mining companies • -giving access to information • -orderly conversion during the transition

  3. THE LINKAGE BETWEEN THE ACT AND THE BILL (2) • MTRAB is a supporting leg of the MPRDA without which the above goals will not be successfully implemented by: • -managing the conversion process during the transition • -creating a deeds and information service at a central point in South Africa • -formation of a central registration office for all mining and prospecting rights • -central point for updating information and maintenance of title records

  4. OBJECTIVES OF THE MTRA 16 OF 1967 • Regulates the registration of mining titles, other rights connected with prospecting and mining, stand titles and certain other deeds and documents and provides for matters incidental thereto • Note that no provision for new order rights but only old order rights • Needs to be updated since some rights provided for are no longer in existence by law and some abrogated by disuse e.g. bezitrecht, mynpacht, etc.

  5. OBJECTIVES OF THE MTRAB • To amend the Mining Titles Registration Act, 16 of 1967 with regard to certain definitions and expressions, • To regulate the registration of mineral and petroleum titles and other rights connected therewith and certain other deeds and documents, • To effect certain amendments necessary to ensure consistency with the MPRDA • To provide for matters related thereto

  6. WHY THE AMENDMENT • To align the MTRA to new policy and legislative requirements e.g centralise information • To provide for the conversion of old order rights • To make provision for registration of new order rights • To set new procedures and processes in place • To delete rights that are no longer in existence

  7. IMPLICATIONS OF NOT AMENDING MTRA • Access to information remain limited and meaningful participation is hindered and so is investment in the mining industry • Security of tenure is compromised since provisions of Deeds Registration Act dealing with mining and prospecting are repealed and not provided for registration in the Mineral and Petroleum Titles Registration Office • Old order rights cease to exist in terms of the provisions in the transitional period (MPRDA) while conversion is not provided for in MTRA. The legal consequences are the unconstitutional wiping away of rights

  8. Mining Titles Registration Amendment Bill PORTFOLIO COMMITTEE BRIEFING CAPE TOWN 05 FEBRUARY 2003

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