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DE BEERS CONSOLIDATED MINES LIMITED
ORAL COMMENTS TO THE PARLIAMENTARY PORTFOLIO COMMITTEE ON THE MINING TITLES REGISTRATION AMENDMENT BILL, B
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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
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INTRODUCTION
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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
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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
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REGISTRATION OF PROSPECTING RIGHTS AND MINING RIGHTS
Support of registration and real rights Founding legislation registration legislation Recommendation
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DIAGRAMS AND PLANS Support for diagrams
Necessary substantive provisions Definition of “diagram” Amendment of Land Survey Act, 1997
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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
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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
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DESTRUCTION OF OLD RECORDS
Current provisions Effect of Bill Motivation for retention
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MARITAL STATUS Effect of Bill
Empowerment transactions with natural persons Consequences
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PARTNERSHIPS Effect of Bill Nature of partnerships # Empowerment
Recommendations
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HARMONISATION WITH THE DEEDS REGISTRIES ACT, 1937
Currently Effect of Bill Recommendation
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ACCESS TO MINING TITLES OFFICE
Currently Effect of Bill Recommendation
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CONCLUSION
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