SECTION |
TITLE |
|
PREAMBLE |
|
ARRANGEMENT
OF ACT |
|
CHAPTER
1.
DEFINITIONS |
1. |
Definitions |
|
CHAPTER
2.
FUNDAMENTAL PRINCIPLES |
2. |
Objects
of Act |
3. |
Custodianship
of nation's mineral and petroleum resources |
4. |
Interpretation
of Act |
5. |
Legal
nature
of prospecting right, mining right, exploration right or production
right, and rights of holders thereof |
6. |
Principles
of
administrative justice |
|
CHAPTER
3.
ADMINISTRATION |
7. |
Division
of
Republic, territorial waters, continental shelf and exclusive economic
zone into regions |
8. |
Designation
and functions of officer |
|
CHAPTER
4.
MINERAL AND ENVIRONMENTAL REGULATION |
9. |
Order
of
processing of applications |
10. |
Consultation
with interested and affected parties |
11. |
Transferability
and encumbrance of prospecting rights and mining rights |
12. |
Assistance
to
historically disadvantaged persons |
13. |
Application
for reconnaissance permission |
14. |
Issuing
and
duration of reconnaissance permission |
15. |
Rights
and
obligations of holder of reconnaissance permission |
16. |
Application
for prospecting right |
17. |
Granting
and
duration of prospecting right |
18. |
Application
for renewal of prospecting right |
19. |
Rights
and
obligations of holder of prospecting right |
20. |
Permission
to
remove and dispose of minerals |
21. |
Information
and data in respect of reconnaissance and prospecting |
22. |
Application
for mining right |
23. |
Granting
and
duration of mining right |
24. |
Application
for renewal of mining right |
25. |
Rights
and
obligations of holder of mining right |
26. |
Mineral
beneficiation |
27. |
Application
for, issuing and duration of mining permit |
28. |
Information
and data in respect of mining or processing of minerals |
29. |
Minister's
power to direct submission of specified information or data |
30. |
Disclosure
of
information |
31. |
Application
for retention permit |
32. |
Issuing
and
duration of retention permit |
33. |
Refusal
of
application for retention permit |
34. |
Application
for renewal of retention permit |
35. |
Rights
and
obligations of holder of retention permit |
36. |
Retention
permit not transferable |
37. |
Environmental
management principles |
38. |
... [...repealed
by Act 2008_049_031_20090421 - was entitled "Integrated environmental management
and responsibility to remedy"] |
38A. |
Environmental
authorisations [...inserted
by Act 2008_049_032_20090421] |
38B. |
Approved
environmental management programmes and environmental management plans [...inserted by
Act
2008_049_032] |
39.. |
... [...repealed
by Act 2008_049_033_20090421 - was entitled "Environmental management programme
and environmental management plan"] |
40. |
... [...repealed
by Act 2008_049_033_20090421 - was entitled "Consultation with State
departments"} |
41. |
... [...repealed
by Act 2008_049_033_20090421 - was entitled "Financial provision for remediation
of environmental damage"] |
42. |
... [...repealed
by Act 2008_049_033_20090421 - was entitled "Management of residue stockpiles
and residue deposits"] |
43. |
Closure
certificate |
44. |
Removal
of
buildings, structures and other objects |
45. |
Minister's
power to recover costs in event of urgent remedial measures |
46. |
Minister's
power to remedy environmental damage in certain instances |
47. |
Minister's
power to suspend or cancel rights, permit or permissions |
48. |
Restriction
or prohibition of prospecting and mining on certain land |
49. |
Minister's
power to prohibit or restrict prospecting or mining |
50. |
Minister
may
investigate occurrence, nature and extent of mineral resources |
51. |
Optimal
mining of mineral resources |
52 |
Notice
of
profitability and curtailment of mining operations affecting employment |
53. |
Use
of land
surface rights contrary to objects of Act |
54. |
Compensation
payable under certain circumstances |
55. |
Minister's
power to expropriate property for purpose of prospecting or mining |
56. |
Lapsing
of
right and permission [...amended
by Act 2008_049_043(a)_20090421] |
|
CHAPTER 5.
MINERALS AND PETROLEUM BOARD [...amended
by Act
2008_049_044_20090421] |
57. |
Establishment
of Minerals and Petroleum Board [...amended by Act
2008_049_045_20090421] |
58. |
Functions
of
Board |
59. |
Composition
of Board |
60. |
Disqualification
of members |
61. |
Vacation
of
office |
62. |
Term
of
office and filling of vacancies |
63. |
Meetings
of
Board |
64. |
Committees
of
Board |
65. |
Funding
of
Board |
66. |
Remuneration
of members of Board, committees and working groups |
67. |
Reports
of
Board |
68. |
Administrative
functions |
|
CHAPTER
6.
PETROLEUM EXPLORATION AND PRODUCTION |
69. |
Application
of Chapter |
70. |
Designated
agency |
71. |
Functions
of
designated agency |
72. |
Funding
of
designated agency |
73. |
Invitation
for applications |
74. |
Application
for reconnaissance permit |
75. |
Issuing
and
duration of reconnaissance permit |
76. |
Application
for technical co-operation permit |
77. |
Issuing
and
duration of technical co-operation permit |
78. |
Rights
and
obligations of holder of technical co-operation permit |
79. |
Application
for exploration right |
80. |
Granting
and
duration of exploration right |
81. |
Application
for renewal of exploration right |
82. |
Rights
and
obligations of holder of exploration right |
83. |
Application
for production right |
84. |
Granting
and
duration of production right |
85. |
Application
for renewal of production right |
86. |
Rights
and
obligation of holder of production right |
87. |
Development
of petroleum reservoir as unit |
88. |
Information
and data |
89. |
Financial
guarantee |
90. |
Minister's
power to suspend or cancel permits or rights |
|
CHAPTER
7.
GENERAL AND MISCELLANEOUS PROVISIONS |
91. |
Power
to
enter prospecting area, mining area or retention area |
92. |
Routine
inspections |
93. |
Orders,
suspensions and instructions |
94. |
Prohibition
of obstruction, hindering or opposing of authorised person |
95. |
Prohibition
of occupational detriment against employee |
96. |
Internal
appeal process and access to courts |
97. |
Serving
of
documents |
98. |
Offences |
99. |
Penalties |
100 |
Transformation
of minerals industry |
101. |
Appointment
of contractor |
102. |
Amendment
of
rights, permits, programmes and plans |
103. |
Delegation
and assignment |
104. |
Preferent
prospecting or mining right in respect of communities |
105. |
Landowner,
or
lawful occupier of land cannot be traced |
106. |
Exemptions
from certain provisions of Act |
107. |
Regulations |
108. |
Proof
of facts |
109. |
Act
binds
State |
110. |
Repeal
and
amendment of laws, and transitional provisions |
111. |
Short
title
and commencement |
Sch.
I. |
SCHEDULE I.
REPEAL OR AMENDMENT OF LAWS [s110] |
Sch.
II. |
SCHEDULE
II.
TRANSITIONAL ARRANGEMENTS [s69] |
|
1
Definitions |
|
2
Objects of
Schedule |
|
3
Pending
prospecting and mining applications |
|
4
Continuation
of exploration operations |
|
5
Continuation
of production operations |
|
6
Continuation
of old order prospecting right |
|
7
Continuation
of old order mining right |
|
8
Processing of
unused old order rights |
|
9
Continuation
of reservations, permissions and certain rights |
|
10
Continuation
of approved environmental management programme |
|
11
Consideration
or royalty payable |
|
12
Payment of
compensation |
|
13
Certain
functions of Director: Mineral Development to be performed by Regional
Manager or Minister |
|
TABLE
1 |
|
TABLE
2 |
|
TABLE
3 |