Section 1 of the Minerals Act, 1991 (in this Schedule referred to as the principal Act), is hereby amended--

1. by the deletion of the definitions of "certificated", "engine", "investigating officer", "machinery", "manager", "mine safety committee", "peace officer", "regional director", "regional mining engineer", "serious bodily harm" and "works";

2. by the insertion before the definition of "Department" of the following definition:

   " 'Chief Inspector of Mines' means the Chief Inspector of Mines appointed in terms of section 48 of the Mine Health and Safety Act, 1996;"; and

3. by the insertion before the definition of "elevator" of the following definition:

   " 'Director: Mineral Development' means any officer appointed in terms of section 4;".

Section 2 of the principal Act is hereby amended by the deletion of subsection (2).

Section 8 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

" 1) No holder of any prospecting permit shall remove any mineral found by [him] the holder in or on land or in tailings in the course of prospecting operations, from such land or the land on which such tailings are situated or dispose of any such mineral, excluding samples of any such mineral removed for tests thereon or identification or analysis thereof, except with the written consent of the holder of the right to such mineral in respect of such land or tailings, and with written permission granted by the [regional director] Director: Mineral Development concerned, subject to such conditions in respect of [safety and health] optimal utilization or rehabilitation as may be [determined by him and] specified therein.".

Section 9 of the principal Act is hereby amended--

1. by the substitution for paragraph (a) of subsection (3) of the following paragraph:

   " a) with the manner in which and scale on which the applicant intends to mine the mineral concerned optimally [and safely] under such mining authorization;";

2. by the substitution for paragraph (c) of subsection (3) of the following paragraph:

   that such applicant has the ability and can make the necessary provision to mine such mineral optimally [and safely] and to rehabilitate such disturbances of the surface; and";

3. by the substitution for paragraph (c) of subsection (5) of the following paragraph:

   "c) particulars about the manner in which and scale on which the applicant intends to mine such mineral under such mining authorization optimally [and safely] and to rehabilitate disturbances of the surface which may be caused by [his] the intended mining operations;"

4. by the deletion of the word "and" at the end of paragraph (d) of subsection (5) and by the substitution for paragraph (e) of that subsection of the following paragraph.

   " e) particulars about the applicant's ability to make the necessary provision to mine such mineral optimally [and safely] and to rehabilitate such disturbances of the surface; and";

5. by the addition to subsection (5) of the following paragraph:

   " f) particulars about the applicant's ability to mine in a healthy and safe manner,"; and

6. by the addition of the following subsections:

   " 7) The Director: Mineral Development shall consult as to the issuing of a mining authorisation with the Chief Inspector of Mines, and no mining authorisation may be issued unless the Chief Inspector of Mines is satisfied that the applicant has the ability and can make the necessary provision to mine in a healthy and safe manner.

   " 8) Subsection (7) shall apply mutatis mutandis in relation to the issuing of a prospecting permit in terms of section 6 or a permission in terms of section 8.".

Section 12 of the principal Act is hereby amended by the addition of the following subsection, the existing section becoming subsection (1):

" 2) Before issuing a certificate referred to in subsection (1), the Director: Mineral Development shall consult with the Chief Inspector of Mines in that regard, and no such certificate shall be issued if the Chief Inspector of Mines is of opinion that the provisions of the Mine Health and Safety Act, 1996, have not been complied with by the holder referred to in subsection (1).".

Section 15 of the principal Act is hereby substituted for the following section:

"15. Restriction on issuing of more than one prospecting permit or mining authorization in respect of same mineral and land

No prospecting permit or mining authorization shall be issued in respect of any mineral in respect of land or tailings, as the case may be, if a prospecting permit or mining authorization has already been issued in respect of such mineral and land or tailings, as the case may be, unless the [regional director] Director: Mineral Development is satisfied that such first-mentioned issuing will not detrimentally affect the object of this Act in relation to optimal exploitation of minerals [safety, health] or rehabilitation.".

Section 25 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

" 2) The Manager of a mine [or works] may search or cause to be searched any person employed at such mine [or works] for possession of any mineral in respect of which the possession has been prohibited under subsection (1).".

Sections 26 to 37 of the principal Act are hereby repealed.

Section 39 of the principal Act is hereby amended by the substitution in subsection (3) of the words following upon paragraph (c) of the following words:

"he or she shall consult as to that with the Chief Inspector of Mines and each department charged with the administration of any law which relates to any matter affecting the environment.".

Section 41 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

" 1) The [regional director] Director: Mineral Development may issue directives and determine conditions in relation to the use of the surface of land comprising the subject of any prospecting permit or mining authorization [or upon which a works is situated] in order to limit any damage to or the disturbance of the surface, vegetation, environment or water sources to the minimum which is necessary for any prospecting or mining operations or processing of any mineral: Provided that such directives and conditions shall not be construed as placing the holder of any such prospecting permit or mining authorization [or the owner of such works, as the case may be], in a better position vis-à-vis the owner of such land in relation to the use of the surface thereof.".

Section 51 of the principal Act is hereby amended--

1. by the substitution for paragraph (b) of subsection (2) of the following paragraph:

   " b) question any person and take a statement from [him] such person, in which case section [29(4)] 53C(4) shall be applicable mutatis mutandis;"; and

2. by the deletion of paragraph (d) of subsection (2).

The following sections are hereby inserted after section 53:

"53A. 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 authorization, exemption, environmental management programme or permission 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 owner, manager or any official, employee or agent of such mine or place to take immediate rectifying steps; or
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.

2) Any order referred to in subsection (1)(b) shall be confirmed or set aside by the Director: Mineral Development, who shall notify the owner 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 time fixed by the officer concerned and shall remain in force until set aside by the Director: Mining Development or until the instructions of the officer have been complied with.

53B. 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 into 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 by mechanical means 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.

53C. Attendance and examination of witnesses at inquiry

1) An investigating officer holding an inquiry in terms of section 53B(1) or (4) into any matter or who is to preside or is presiding at such inquiry may, for the purposes 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)

1. 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 53B(1) or (4), he or she shall have the right, but is, subject to subsection (1), not compelled, to be present at any such inquiry and to be assisted or represented by another person.

2. If at any inquiry held in terms of section 53B(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 and, either personally or through a representative--

   4. to be heard;
   5. 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;
   6. to cross-examine anybody giving evidence at such inquiry; and
   7. to peruse any document which has been presented as evidence.

3) Any person who satisfies an investigating officer that he or she has a material interest in any inquiry held in terms of section 53B(1) or (4) may, 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.

4)

1. Any investigating officer may, at any inquiry held in terms of section 53B(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.
2. No person called as a witness at any inquiry held in terms of section 53B(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.
3. No person to whom an oath referred to in paragraph (a) 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.

5) Any witness at any inquiry held in terms of section 53B(1) or (4) shall have the same privileges 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.

6)

1. Any inquiry or any part thereof held in terms of section 53B(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 any inquiry referred to in paragraph (a), shall be present whilst other witnesses are giving their evidence thereat.

53D. Obstruction of inquiry or investigating officer or failure to render assistance

No person shall, in relation to any inquiry held in terms of section 53B(1) or (4)--

1. without reasonable justification fail to comply with any direction, summons or order issued or given under section 53C(1) or by virtue of a request under section 53C(2)(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 53C(1) or by virtue of a request under section 53C(2)(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 means or to 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.".

Section 54 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

" 1) The holder of or applicant for any prospecting permit or mining authorization [or the owner of a works] shall, at least 14 days before he or she commences with any operations under any such a permit or authorization [or at a works] or intends to cease such operations temporarily or permanently, notify the [regional director] Director: Mineral Development concerned and the Chief Inspector of Mines in writing of any such intended commencement or cessation, and provide particulars in connection with the location, nature and extent of such operations.".

Section 60 of the principal Act is hereby amended--

1. by the substitution for subsection (1) of the following subsection:

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

   1. any provision of--

      1. section 5(2), 8(1), [31(1), (3) or (4), 37(a)] 38(1), 39(1), 40, 41(2), 42(5), 52 or 54;
      2. section 7(1) [31(5), 33(1) or 34(1)];
      3. section 19(1) or (2), [29(4)(b), 30(b), (c), (d), (e) or (f)] 38(2)(a), 53C(4)(b), 53D(b), (c), (d), (e) or (f) [58] or 59;
      4. [section 35(1) or 36]
      5. [section 32(1) or (2) or 34(3)]
      6. [section 37(b)]
      \
      7. [section 29(4)(c)] 53C(4)(c); or
      8. [section 30(a)] 53D(a); or

   2. any provision of--

      1. any direction, notice, suspension, order, instruction or condition issued, given or determined under section 22(1), 23(1), [27(1) or (5), 33(2), 34(2) or] 38(2)(b) or 53A(1);
      2. any request referred to in section 51(3); or
      3. any notice issued under section 25(1), shall be guilty of an offence."; and

2. by the substitution for subsection 2 of the following subsection:

   " 2) Any person who contravenes or fails to comply with a provision of this Act, a regulation or any condition, notice, order, instruction, prohibition, authorization, permission, consent, exemption, certificate or document determined, given, issued, promulgated or granted by or under this Act by the Director-General, [the Government Mining Engineer, a regional director, a regional mining engineer] a Director: Mineral Development or any other officer in the service of the Department duly authorized 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.".

Section 61 of the principal Act is hereby amended by the deletion of paragraphs (d), (e) and (f) of subsection (1).

Section 63 of the principal Act is hereby amended--

1. by the deletion of paragraphs (a), (b), (h)(iv) and (v), (i), (j), (k), (l), (n), (u), (v), (w) and (x) of subsection (1);

2. by the substitution for paragraph (m) of subsection (1) of the following paragraph:

   " m) the manner in which the presence of witnesses at inquiries held in terms of section [28(1), (2) or (5)] 53B(1) or (4) shall be obtained and procedures to be followed at such inquiries;"

3. by the substitution for subsection (2) of the following subsection:

   " 2) No regulation relating to State revenue or expenditure [or to any health matter] shall be made by the Minister except with the concurrence of the Minister of Finance [or the Minister of State Expenditure or after consultation with the Minister for National Health and Welfare, respectively]"; and

4. by the deletion of subsection (3).

The principal Act is hereby amended by the substitution for the expression "regional director", wherever it occurs. in the Act, of the expression "Director: Mineral Development".

The following long title is hereby substituted for the long title of the principal Act:

"To regulate the prospecting for and the optimal exploitation, processing and utilization of minerals; [to provide for the safety and health of persons concerned in mines and works] to regulate the orderly utilization and the rehabilitation of the surface of land during and after prospecting and mining operations; and to provide for matters connected therewith.".

Schedule 3 Amendment of Laws - B: Reference to Government Mining Engineer in certain Acts

The following Acts are hereby amended by the substitution for the expression "Government Mining Engineer", wherever it occurs, of the expression " Chief Inspector of Mines as contemplated in the Mine Health and Safety Act, 1996,":

Advertising on Roads and Ribbon Development Act, 1940 (Act No. 21 of 1940)
Rand Water Board Statutes (Private) Act, 1950 (Act No. 17 of 1950)
Mines and Works Act, 1956 (Act No. 27 of 1956)
Atmospheric Pollution Act, 1965 (Act No. 45 of 1965)
National Roads Act, 1971 (Act No. 54 of 1971)
Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)
National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977).