DE BEERS CONSOLIDATED MINES LIMITED ORAL COMMENTS TO THE PARLIAMENTARY PORTFOLIO COMMITTEE ON THE MINING TITLES REGISTRATION AMENDMENT BILL, B24-2003
OUTLINE 1. Introduction 2. Non-deregistration And Continued Registrations During Transitional Period 3. Registration Of Prospecting Rights And Mining Rights 4. Diagrams And Plans 5. Leases Of State’s Interest In Precious Stones Mines 6. Surface Reservations, Permissions And Rights 7. Destruction Of Old Records 8. Marital Status 9. Partnerships 10. Harmonisation 11. Access 12. Conclusion
INTRODUCTION
NON-DEREGISTRATION AND CONTINUED REGISTRATIONS DURING TRANSITIONAL PERIOD Concerns Immediate commencement Immediate deregistration No further registrations Provisions in Bill Clause 12 Clause 52 and schedule Clause 53
NON-DEREGISTRATION AND CONTINUED REGISTRATIONS DURING TRANSITIONAL PERIOD Consequences # Objects of Mineral Development Act Empowerment Day to day transactions # Security of tenure # Transitional opportunity De Beers’ precious stones rights Common law Statutory Recommendation
REGISTRATION OF PROSPECTING RIGHTS AND MINING RIGHTS Support of registration and real rights Founding legislation registration legislation Recommendation
DIAGRAMS AND PLANS Support for diagrams Necessary substantive provisions Definition of “diagram” Amendment of Land Survey Act, 1997
LEASES OF STATE’S INTEREST IN PRECIOUS STONES MINES What are leases of State’s interest Item 9(7), schedule II, Mineral Development Act Cedability Registrability Effect of Bill Recommendation
SURFACE RESERVATIONS, PERMISSIONS AND RIGHTS Old forms of surface use rights Items 9(1), (2), and (3), schedule II, Mineral Development Act Registrability Effect of Bill Recommendation
DESTRUCTION OF OLD RECORDS Current provisions Effect of Bill Motivation for retention
MARITAL STATUS Effect of Bill Empowerment transactions with natural persons Consequences
PARTNERSHIPS Effect of Bill Nature of partnerships # Empowerment Recommendations
HARMONISATION WITH THE DEEDS REGISTRIES ACT, 1937 Currently Effect of Bill Recommendation
ACCESS TO MINING TITLES OFFICE Currently Effect of Bill Recommendation
CONCLUSION