Minerals and Energy Laws Amendment Act, 2005 (No. 11 of 2005)

Government Gazette REPUBLIC OF SOUTH AFRICA Vol. 482 Cape Town 15 August 2005 No. 27897 THE PRESIDENCY No. 824 15 August 2005 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 11 of 2005: Minerals and Energy Laws Amendment Act, 2005 AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 27897 GOVERNMENT GAZETTE, 15 AUGUST 2005 Act No. 11,2005 MINERALS AND ENERGY LAWS AMENDMENT ACT, 2005 GENERAL EXPLANATORY NOTE: r ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. (English text signed by the President.) (Assented to 10 August 2005.) ACT To correct amendments made to the Deeds Registries Act, 1937, by the Mining Titles Registration Amendment Act, 2003, and the Mineral and Petroleum Resources Development Act, 2002, by substituting the Schedule to the Mining Titles Registration Amendment Act, 2003, and by repealing certain expressions in Schedule I to the Mineral and Petroleum Resources Development Act, 2002; and to provide for matters connected therewith. B E IT ENACTED by the Parliament of the Republic of South Africa, as foii0Ws:- Substitution of Schedule to Act 24 of 2003 1. The following Schedule is hereby substituted for the Schedule to the Mining Titles Registration Amendment Act, 2003: 5 4 No. 27897 GOVERNMENT GAZE’ITE, 15 AUGUST 2005 Act No. 11,2005 MlNERALS AND ENERGY LAWS AMENDMENTACT, 2005 “SCHEDULE LAWS AMENDED (Section 53) Short title Extent of repeal or amendment 5 Deeds Registries Act, 1937 1. The repeal of sections 3(1)(1), 3(l)fm),3(1)(n), 3(l)(q), 17(Wb), 26(l)bis, 44(3), 64(2)bis, 64(2)ter, 70 to 74ter, 84, 85 and 90(2)(b). 10 2. The substitution for section 21 of the following section: ‘“lkansferor cession from joint estate 21. In any deed of transfer or deed 15 - cession lodged in a deeds registry of and relating to [land or rights to minerals which are assets] an asset in a joint estate, the surviving spouse shall be joined in his or her personal 20 capacity with the executor of the estate of the deceased spouse ex- cept- (a) where the executor is dealing only with the share of the de- 25 ceased spouse; or (b) where the [land or rights to minerals have] asset has been sold to pay the debts of the joint estate; or 30 (c) where there has been a massing of the joint estate and the sur- viving spouse has adiated; or (d) where such transfer or cession is in favour of the surviving 35 spouse; or ( e ) where the power of attorney to pass such transfer or cession[,] has been signed by the surviv- ing spouse in the capacity of 40 executor.”. 3. The amendment of section 28 by the ;ubstitution for subsection (1) of the ollowing subsection: “( 1) If the share or shares owned 45 by any of the parties to a partition appear from the title deeds of the land partitioned to be subject to a lease, personal servitude or other real right [(excluding any rights to 50 minerals)], the written consent of the holder thereof to the partition and allocation of the lease, servitude or other such real right, together with the deed, if any, by which the 55 lease, servitude or real right is held, shall be produced to the registrar.”. 1. The amendment of section 32 by- ‘a) the deletion in subsections (l), 2(a) and (4) of the expression “or 60 right to minerals”, wherever it appears;

-- 6 No. 27897 GOVERNMENT GAZETE, IS AUGUST 2005 Act No. 11,2005 MINERALS AND ENERGY LAWS AMENDMENT ACT, 2005 ~~ rJo. and year of Short title Extent of repeal or amendment ict the substitution for subsection (5) of the following subsection: “ ( 5 ) Immediately after any 5 right of servitude over any land [or right to minerals therein] has been expropriated, the ex- propriating authority shall lodge with the registrar a certi- 10 fied copy of the notice of ex- propriation, two copies of the relevant expropriation plan of the servitude in question [or where the right to minerals in 15 only a portion of the land has been expropriated, two copies of the relevant expropriation plan of such portion,] and a certificate describing the land 20 and stating the name, number and administrative district thereof, as well as the full names and surname of the reg- istered owner and the number 25 (consisting of the serial and year number) of the title deed, and the registrar shall cause a note of the expropriation to be made in his registers, anc 30 if at any time the original of the title deed [or of the title under which the right to minerals in question is held] is lodged in his registry for any pur- 35 pose or application is made for the issue of a certified copy of such title deed [or title, he]& registrar shall cause an appro- priate note to be endorsed 40 thereon as well as on the office copy thereof and a copy of the expropriation plan to be an- nexed thereto as well as to the office copy thereof.”; 45 ‘c) the substihkon for subsection (SA) of the following subsection: “@A) Whenever any right of servitude [or right to minerals] over land has been 50 expropriated and formal cession of such right of servitude [or right to minerals] to the cessionary has not been effected, the registrar shall, on 55 written application by the cessionary and the owner of the land [or right to minerals], cancel any note of the expro- priation in his registers 50 or endorsement on the title deed of the land [or the title under which the right to min- erals is held,] and thereupon the expropriated right of servi- 55 tude [or right to minerals] shall vest in such owner.”.

8 No. 27897 GOVERNMENT GAZETTE, 15 AUGUST 200.5 Act No. 11,2005 MINERALS AND ENERGY LAWS AMENDMENT ACT, 2005 Vo. and year o Short title Extent of repeal or amendment 4ct 5. The amendment of section 63 by tl substitution for subsection (2) of the following subsection: 5 “ ( 2 ) The provisions of subsectio (1) shall not apply with reference tc any condition in a mortgage bond ( lease or in a deed referred to in sec tion 3(1)fc)[, (0,@),I 0‘fp)[or 10 (d1. ”. i.The amendment of section 64( 1) b j he deletion of the expression “(other han a right to minerals)”. ’. The substitution for section 67 of th 15 ollowing section: “Reservation of personal servi- tudes 67. A personal servitude may be reserved by condition in a deed of 10 transfer of land [or in a deed of cession of rights to minerals,] if th reservation is in favour of the transferor [or cedent], or in favour of the transferor [or cedent] and his 5 or her spouse or the survivor of them, if they are manied in commu- nity of property, or in favour of the surviving spouse if transfer [or ces- sion] is passed or given from the 30 joint estate of spouses who were married in community of property.”. 8. The amendment of section 77- (a) by the deletion in subsection (1) of the expression “or of any 35 rights to minerals in land”; and (b) by the deletion in subsection ( 2 ) of the expression “or right”. 9. The amendment of section 90 by th $0 ,ubstitution in subsection (1) for the vords preceding the proviso of the ollowing words: “If it is expressly provided in- (a) a registered lease of land [ot 15 rights to minerals]; or (b) a registered deed creating or evidencing a servitude[; orIr [(c) a registered prospecting contract,] that it shall lapse upon 0 failure to make regularly any pen odical payments mentioned therein, the registrar shall upon written application accompanied by an affidavit by the lessor or 5 grantor of the registered right (as the case may be) that the said pe- riodical payments have not been duly made, cancel the registration of the lease[,] 0‘servitude [or 1 contract]:” .

10 No. 27897 GOVERNMENT GAZETTE, 15 AUGUST 2005 Act No. 11,2005 MINERALS AND ENERGY LAWS AMENDMENTACT. 2005 ~~ No. and year of Short title Extent of repeal or amendment Act 10. Amendment of section 102 by- (a) the deletion in the definition of “immovable property” of para- 5 graph (4; (b) the deletion of the definition of “prospecting contract”; and ( c ) the deletion in the definition of “share” of the expression “and 10 rights to minerals”. Act No. 95 of 1986 Sectional Titles Act. 1986 The amendment of section 17(5) by the deletion of the expression “, excluding mineral rights,” .” Amendment of Schedule I to Act 28 of 2002 15 2. Schedule I to the Mineral and Petroleum Resources Development Act, 2002, is hereby amended by the deletion of the expression “Act No. 47 of 1937” in the first column and the deletion of the related information opposite that expression in the second and third column. Short title and commencement 20 3. This Act is called the Minerals and Energy Laws Amendment Act, 2005, and is deemed to have come into operation on 30 April 2004.