DE BEERS CONSOLIDATED MINES LIMITED

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Presentation transcript:

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