Mining Act, 1958
Act 5 of 1958
- Commenced on 1 March 1958
- [This is the version of this document at 1 December 1998.]
Part I – General
1. Short titleThis Act may be cited as the Mining Act, 1958.
2. InterpretationIn this Act, unless the context otherwise requires—“agent” includes a tributor or option-holder or any person placed in charge of prospecting or mining operations by a holder;“alluvial” includes all forms of mineral deposits which do not fall within the definition of “lode”;“authorised officer” means an officer authorised by the Minister;“bank” means any branch in Swaziland of the Standard Bank Swaziland Limited, Barclays Bank of Swaziland Limited or such other bank as the Minister may by notice in the gazette declare to be a “bank” for the purposes of this Act;“banker” means any manager or accountant of a bank and any officer of a bank who is acting in the capacity of manager or accountant;“beacon” means a mark erected on any land for the purpose of marking out ground for prospecting or mining purposes under this Act and includes location beacons, corner beacons, upper beacons, boundary beacons and direction beacons;“buy” and “sell” include “barter”; “buy” includes “purchase” and “receive as a pledge or security” and “sell” includes “deposit as a pledge or security”;“Commissioner” means the Commissioner of Mines appointed under section 6 of this Act;“Crown mineral area” means any area defined as such by the Minister by notice in the gazette in respect of which there exist rights to any minerals or mineral oils which were vested in any former High Commissioner or other authority representing the Crown whether under the Crown Lands and Minerals Order in Council, 1908, as amended by the Crown Lands and Minerals Amendment Order in Council, 1910, or otherwise and which rights now vest in the Ngwenyama in trust for the Swazi Nation;[Amended L.N.37(7)/1967]“department” means the Geological Survey and Mines Department;“deposit” means any sum lodged with Government or the Minerals Committee as a guarantee for the due performance of any obligation imposed by this Act or regulations made thereunder and includes a banker’s guarantee;“diagram” means a diagram or plan prepared to the satisfaction of the Commissioner;“goldsmith” means a worker in gold or other precious metal or a seller of articles manufactured of gold or other precious metal;“holder” of a prospecting right or mining right means the person to whom any such right was granted in the first instance and includes any person in whom such right or part thereof has become lawfully vested by transfer, assignment or otherwise, and for the purposes of Part VII of this Act and any regulations made under this Act relating to safety in mines and the service of notices includes every person carrying on or who has carried on prospecting and/or mining operations on mineral concessions;“inspector of mines” includes a senior inspector of mines and an assistant inspector of mines, and any person delegated by the Minister to act as a senior inspector, an inspector or an assistant inspector of mines;“land” includes any portion of any land;“lease” means a mining lease;“lessee” means the holder of a mining lease granted under this Act;“livestock” includes cattle, horses, donkeys, mules, pigs, sheep, goats, and all other domesticated animals and their young;“location” means a right granted under section 39;“lode” or “reef” includes all true fissure veins, bedded veins, contact veins, segregated veins, pipes, contact deposits, stockworks, impregnations, metalliferous conglomerates other than hardened alluvial deposits of geological recent origin, metalliferous and laterictic cappings, such irregular deposits as conform generically to the above classification and beds of any mineral such as beds of ironstone and coal seams;“mine” includes any place, excavation or working whereon, wherein or whereby any operation in connection with mining is carried on;“mine” means intentionally to win minerals and shall include any operations necessary for the purpose, but shall not include a right or permit to use water;“mineral” and “minerals” do not include mineral oils but include—(a)metalliferous ores and other substances in their natural state which are obtainable only by mining or in the course of prospecting operations;(b)metalliferous ores and other substances in their natural state mined or obtained in the course of prospecting operations;(c)the valuable parts of such ores or other substances for marketing or export;(d)the product of treating or dressing such ores or other substances for marketing or export;[Amended A.9/1989](e)such substances in their natural state as are commonly used for building, roadmaking or other construction purposes including clay, kaolin, limestone, shale, laterite, sand, stone, chalk or slate except when used by a natural person who is a citizen of Swaziland and who is the owner or occupier of the surface land for his construction purposes on such land:Provided that the King may by notice in the Gazette declare any substance in its natural state not to be a mineral for the purposes of this Act,And provided further that Part VI of this Act and any regulations made hereunder or under any other law relating to safety in mines or quarries shall apply to substances which have been so declared not to be minerals for the purposes of this Act.[Amended P.63/1961; Added A.9/1989]“minerals committee” means the Minerals Committee established in section 95 of the 1968 Constitution repealed by the King’s Proclamation to the Nation of the 12th April, 1973, which committee was re-instated by the King in the said Proclamation;“mineral concession” means a concession made by or on behalf of the King or Paramount Chief of Swaziland and confirmed either by the late *Chief Court of Swaziland or by any former High Commissioner giving a right to precious or base metals, precious stones, minerals or mineral products on any piece of land, and where the area subject to any such concession has been sub-divided shall include the title to any sub-division thereof, and shall be deemed to include any agreement, special authority, or lease made before the coming into force of this Act conferring a right to prospect or mine for a period (including a right of renewal) of not less than twenty-one years, but shall not include any such concession which was vested in any former High Commissioner or other authority representing the Crown and which now vests in the Ngwenyama in trust for the Swazi nation;[Replaced P.63/1961; Amended H.C.N.122/1961]“mining board” shall mean a board appointed under section 6;“mining right” means a mineral concession and includes all types of locations and leases;“Minister” means the Minister responsible for Mines;“non-precious minerals” means all minerals other than precious metals or precious stones;“occupation under a prospecting licence” means the exercise on any area of the rights set out in section 30(c), 30(d) and 31 of this Act wholly or partly for the purpose either of prospecting such area or of preparing to mark out the whole or part of such area, and includes the erection of a beacon or anything purporting to be a beacon or anything which is intended to constitute part of a beacon;“opencast” means any uncovered excavation which has been made from the surface for the purpose of winning minerals;“occupier” means the person in lawful possession or occupation of any surface right and shall include the legal representative of any such person who has died or become insolvent, or of a company in liquidation, or who is a minor or is of unsound mind or is otherwise under disability;“owner” means the person in whose name is registered in the Deeds Office of Swaziland any surface right and shall include the legal representative of any such person who has died, or become insolvent, or of a company in liquidation or who is a minor or is of unsound mind or is otherwise under disability;“passageway” means any highway, road, street, footpath or installation of any railway, tramway, wireline, cableway, chute, pipe, sewer, drain, tunnel, shaft, fluming or watercourse and includes any right of way or servitude;“precious metals” means gold, silver or metal of the platinoid group in the unmanufactured state, including ores containing such metal, but shall not include ores containing any such metal in combination with another mineral where such metal cannot be worked apart from such mineral and the value of such metal is less than the cost of producing both the metal and the mineral;“precious stones” means diamond, emerald, opal, ruby, sapphire, turquoise and any other stones which the Ngwenyama may by notice in the gazette declare to be included in this definition;“prescribed” means prescribed by the regulations made under this Act;“prior-dated mineral concession” means a mineral concession granted on a date prior to the grant of surface rights over the same area;“private land” means land held under a title which confers the surface rights of such land, but shall not include Swazi Areas;“prospector” means the holder of a prospecting right granted under this Act;“prospecting right” includes an exclusive prospecting licence, a special exclusive prospecting licence, and a prospecting licence;“Regional Administrator” and “Regional Secretary” means the administrative officer in charge of any region in which any matter shall arise under this Act;“shaft” and “pit” mean any vertical or inclined tunnel, other than a stope or winze, which is or might be used for winding, travelling, draining, or ventilating purposes in connection with prospecting or mining operations;“special authority” means a special authority granted in terms of section 5(3) of the repealed Crown Minerals Areas Proclamation;“surface right” means and includes the rights to the surface of the land conferred by any grant of land or to the use of land for a definite or indefinite period or to land for agricultural purposes or to grazing or timber rights over land, the rights of the Crown to the surface of any land vested in the Crown as former Crown Land, or by any other title, and the rights to the suface of land conferred by a freehold title;[Amended LN.38(7)/1967]“Swazi Area” means any area or portion thereof set aside for the sole and exclusive use and the occupation of members of the Swazi nation and described in the schedule to the Swazi Areas Act, No. 41 of 1916, and shall include any Swazi land settlement area or portion thereof as defined in the Swazi Land Settlement Act No. 2 of 1946, and any other land purchased for, by or on behalf of the Swazi nation;“tailings” means all gravel, sand, slimes, or other substances which is the residue of bona fide mining operations;“to mark out” or “to peg” an area means to delimit such area by beacons and trenches of the kind prescribed and in the manner provided in this Act and regulations;“to prospect” means to search for minerals and includes such working as is reasonably necessary to enable the prospector to test the mineral-bearing qualities of the land;“tribute agreement” means any lawful agreement or arrangement whereby a holder of a mineral concession has given a tribute, authority or other permission to mine on all or any part of a mineral concession to a tributor and includes any renewal of such an agreement or arrangement;“tributor” means a person having a tribute agreement with the holder of a mineral concession;“unwrought precious metal” includes precious metal in any form whatever, smelted or unsmelted, refined or unrefined, and which though smelted is not manufactured or made up into any article of commerce, and shall include amalgam, slimes, slags, gold-bearing concentrates, pots, battery chips, sweepings of reduction works and scrapings and by-products of unrefined precious metal;“watercourse” means any channel or duct whether natural or artificial which confines, restricts, or directs the flow of water.
3. Penalty for prospecting or mining without authorityAny person who shall prospect or mine on any lands or waters in Swaziland otherwise than in accordance with this Act or who aids or abets such person shall be guilty of an offence.[Original section 3 repealed by P.18/1964]
4. Right to prospect for mineral oils or other natural mineral oil products or diamonds may be granted by agreement with the Minerals Committee
5. Prospecting in closed regionsNothing in this Act shall be deemed to authorise any person to enter any region or area to which entrance by him may be forbidden by any law for the time being in force.[Original section 5 Repealed by L.N. 8/1969]
6. Appointment of officers and Commissioner of MinesThe Ngwenyama may appoint a Mining Board, Commissioner of Mines and such other officers as may be necessary for carrying into effect the provisions of this Act.
7. Delegation of powersThe Commissioner may delegate or assign to any officer appointed under section 6 all or any of his powers, duties and jurisdiction, but in so doing the Commissioner shall not thereby divest himself of the right to exercise concurrently all or any of the powers, duties and jurisdiction conferred upon him by this Act.
8. No action lies against officers for acts done in execution of their dutiesNo action or other legal proceedings whatsoever, civil or criminal shall be instituted in any court of law against the Commissioner or other officer or any person acting under his authority for or on account of or in respect of anything done in good faith and done or purported to be done in the execution of his duty under this Act.
9. Mineral taxesAll minerals obtained in the course of prospecting or mining operations shall be liable to such mineral taxes as may be prescribed from time to time:[Amended K.O-l-C. 34/1973]Provided that the Commissioner may in his discretion, by permit under his hand, exempt from liability to mineral taxes small quantities of minerals to be used as commercial samples or scientific specimens or for the purpose of assay.
10. Lands excluded from prospecting or miningSave where otherwise provided by this Act or any regulations made thereunder no prospecting or mining right shall authorise mining or prospecting on or occupation of any of the following lands—
11. Restricted minerals
12. Surface rights: Security for compensation for damage may be required
13. Surface rights: Payment of compensation to owners or occupiersSubject to sections 88 and 89 as to when compensation is payable by holders of prior-dated mineral concessions—
14. Charges for enquiry by Government officersIf an enquiry or examination of any area is by this Act required to be made by any Government officer in connection with any application made under this Act or in settlement of any mining dispute the person on whose behalf such enquiry or examination is made shall be liable to pay such charges as may be prescribed.
16. Records to be kept by holders of prospecting and mining rights
17. Discovery of economic minerals to be notified
18. No transfer of or creation of interest in a prospecting or mining right valid without the prior consent of the NgwenyamaThe holder of a prospecting or mining right or the holder of any interest therein duly registered under Part Xl of this Act shall not transfer his right or interest or share thereof or create any interest whatsoever therein without first obtaining the consent in writing of the Ngwenyama, and no evidence of any such transfer or the creation of any such interest shall be admissible in any court unless prior consent has been obtained:Provided that this section shall not apply to the holder of a mineral concession.
19. Amalgamation or revocation of prospecting or mining rightsThe Ngwenyama may permit the amalgamation of areas held under prospecting or mining rights subject to any regulations made under this Act and may revoke any permit so granted if he is satisfied that the holder is not effectively carrying out his obligations.
20. Obligations of holders of prospecting rights, locations and leases
21. Restoration of land
22. Power of Ngwenyama to cancel prospecting or mining rights where granted on incorrect or misleading information
23. Penalty for giving false or misleading information
24. Revocation of prospecting or mining rights
25. Right of lessee to remove fixtures
26. Acceptance of rent not to act as waiver of forfeitureThe acceptance by or on behalf of the Crown or the Ngwenyama of any rent shall not be held to operate as a waiver of any forfeiture accruing by reason of the breach of any of the provisions of this Act, of the regulations made thereunder or of any covenant or condition, expressed or implied in any location or lease granted under this Act or under any previous law.
Part II – Prospecting
27. When prospecting lawfulNo person may prospect, other than under Part VIII of this Act, except in pursuance of and in accordance with the terms and conditions of a prospecting right, location or lease.
28. Disposal of minerals obtained under a prospecting right
29. Prospecting licence
30. Privileges and obligations under a prospecting licenceSubject to section 10 and to any regulations made under this Act and to the provisions of any law as to forestry and as to the control of natural water supplies, the holder of a prospecting licence may in respect of the area specified in his licence—
31. Ancillary privileges under a prospecting licenceWhilst engaged in bona fide prospecting the holder of a prospecting licence may—
32. Exclusive prospecting licence
33. Rights under an exclusive prospecting licence
34. Surrender of an exclusive prospecting licenceAn exclusive prospecting licence may with the consent of the Ngwenyama and on payment of the prescribed registration fee be surrendered at any time, and such surrender shall be in the prescribed form:Provided that such surrender shall not affect any liability incurred by the licensee before such surrender shall have taken effect and that no rent shall be refunded.[Amended L.N.8/1969]
35. Grant of special exclusive prospecting licenceThe Ngwenyama may grant special exclusive prospecting licences upon such terms and conditions as he may think fit.[Amended L.N.8/1969]
36. Application for special exclusive prospecting licenceThe application for a special exclusive prospecting licence shall be in the prescribed form.
37. Act and regulations for exclusive prospecting licence to applyEvery special exclusive prospecting licence shall be granted subject to this Act and regulations applicable to an exclusive prospecting licence save where such provisions are at variance with any special terms and conditions imposed by the Ngwenyama.
Part III – Mining
38. When mining lawfulIt shall not be lawful for any person to mine, other than—
40. Locations may be lode, alluvial or river
41. Rights under a location
42. Abandonment of locationAny holder may abandon his location and shall forthwith notify the Commissioner of such abandonment in writing:Provided that such abandonment shall not affect any liability incurred by the holder before such abandonment shall have taken effect.
43. Grant of a mining lease
44. Application for a mining leaseAn application for a mining lease shall be made in the prescribed form and manner and shall be subject to the prescribed conditions as to marking out and survey of the land applied for, and shall be accompanied by payment of one year’s rent in advance at the rate prescribed.[Original section 44 repealed by L.N.8/1969]
45. Applicant to possess sufficient capital
46. Lease granted for specified mineralsIf a mining lease is granted for a specified mineral or minerals and the lessee discovers other minerals on the area leased he shall report that fact to the Commissioner for the information of the Ngwenyama who may, in his discretion, include such other minerals; in the lease.[Amended L.N.38(7)/1967; L.N.8/1969]
47. Duration of lease
48. Rights under a mining leaseSubject to sections 12 and 13, a mining lease shall confer upon the lessee the right to enter upon the land the subject of the lease, and, subject to this Act and any regulations made thereunder, the exclusive right to mine on such land and the right to remove and dispose of the minerals specified in the lease.
49. Surface rights of lessee
50. Lessee not to enter into certain agreementsThe lessee shall not enter into any agreements with any person outside Swaziland for the joint control of the price, output or sale of the minerals mined, save with the consent in writing of the Ngwenyama.
51. Penalty for non-payment of rentThe rent payable under a lease under this Act shall be payable yearly in advance and if such rent is not paid within one month of becoming due, an amount of twenty-five per centum of the amount shall be added to the rent and shall be due and payable as if it were part of the rent.
52. Surrender of leaseA mining lease may with the consent of the Ngwenyama and on payment of the prescribed fee be surrendered at any time after six months’ notice in writing has been given to the Commissioner of the intention to surrender, and such surrender shall be in the form prescribed provided that such surrender shall not affect any liability incurred by the lessee before such surrender shall have taken effect.
53. Special lease
Part IV – Disputes
54. Powers of District Commissioners to hear and decide disputes
55. ProcedureThe mode of proceeding in a complaint before the District Commissioner shall be as follows—
56. District Commissioner hearing dispute to keep records and take notes
57. Enforcement of decrees and decisions
58. Appeals to the High Court and saving of jurisdiction
Part V – Possession, purchase and sale of minerals
59. Possession and sale of minerals
60. Purchase of mineralsSubject to the provisions of paragraphs (ii), (iii) and (iv) of the proviso to section 59(1), no person shall import, buy or receive by way of barter or pledge or otherwise deal in any minerals unless he is the holder of a licence to deal in such minerals or is a banker.
61. Who may melt precious metalsNo person shall melt any precious metal, whether wrought or unwrought, unless he is a person who is entitled to possess or sell minerals under section 59.
62. Restriction on import and export of minerals
63. Licence to deal in minerals
64. Obligations of holders of mineral dealer’s licence and bankers
65. Business of a goldsmith not to be carried on without a licence
66. Goldsmith’s licence
67. Obligations of a licensed goldsmithEvery licensed goldsmith shall keep a register showing all purchases and sales of articles of commerce containing precious metal, and of purchases of unwrought precious metal, made by him and the nature and weight of such articles or metal, the price paid or received and the date of each purchase or sale and the name and address of the vendor and the name and address of the purchaser and shall cause every transaction to be entered within twenty-four hours of being made, and shall produce and exhibit such register to any member of the Royal Swaziland Police Force of the rank of sub-inspector or upwards whenever so required.
68. Offences by licensed dealers and goldsmithsNo licensed dealer or goldsmith shall—
69. Power of court on conviction of a licensed dealer or goldsmith
70. Maliciously placing minerals on premises with intentNo person shall maliciously place any mineral in the possession of or on the premises of any other person, with intent that such other person shall be convicted under any provision of this Act.
Part VI – Inspections and accidents
71. General inspectionsThe Commissioner, an inspector of mines, an inspector of machinery, or any other officer duly authorised by the Commissioner or by any law for the time being in force at all reasonable times by day or night but so as not unreasonably to impede or obstruct the work in progress, in so far as it is necessary for the purpose of his inspection, may—
72. Obligation to remedy any dangerous practice and procedure to be followed
73. Inspections in connection with welfare and health and procedure to be followed
74. Procedure on objection to comply with notice
75. Penalty on failure to comply with noticeIf the holder or agent fails to comply with any notice given under sections 72 and 73 or with the decision of the Commisssioner when an objection has been determined, he shall be guilty of an offence.
76. Contracting out forbiddenNo person shall be precluded or exempted by any agreement from doing such acts as may be necessary to comply with sections 72, 73 and 74, or be liable under any contract to any damages, penalty, or forfeiture for doing such acts.
77. Procedure in case of accident
Part VII – Passageways and roads
78. Creation of passagewayNo person in the exercise of prospecting or mining rights under this Act shall create a passageway over, on, or under—
79. Consent required to interfere with passageways, saving diversions of a public path
80. Holder of exclusive prospecting licence or mining right may construct road accessThe holder of an exclusive prospecting licence or a mining right or a person having permission to mine on an area the subject of an application, may, subject to section 78, construct a road to give access to a public road from the area of such licence or mining right or the area over which he has applied and on which he has permission to mine.
81. Using of mining roadNo person having constructed a road of access under section 80 shall hinder or prevent any other person from having access to or using such road:Provided that—
82. DisputesEither party may lodge a complaint as provided for in section 55 with the District Commissioner, in the event of any dispute arising in connection with—
83. Duration of right to passagewaysAny right to any passageway acquired by the holder of an exclusive prospecting licence or a mining right under this Part of this Act shall expire when such licence or mining right is abandoned, surrendered, revoked or determined, as the case may be, and thereupon the holder shall comply with section 21 so far as is applicable.
Part VIII – Prospecting and mining on mineral concessions
84. Legislation relating to inspections, accidents, enquiries, safety and welfare to apply to mineral concessionsExcept where the context in this Part otherwise requires this Act and the laws relating to the safety and welfare of persons and the service of notices in connection with prospecting and mining operations shall apply to a mineral concession and all prospecting and mining operations on such mineral concession.
85. Right of owner of a mineral concessionThe holder of a mineral concession or a person having a tribute agreement with him in writing may prospect or mine on a mineral concession:Provided that he may not prospect for or mine any restricted mineral unless he is in possession of a special licence to do so issued under section 11.
86. Reporting discovery of minerals on a mineral concessionThe discovery of any minerals on a mineral concession shall be reported by the person making such discovery to the Commissioner within a period of thirty days of such discovery.
87. Notification when prospecting and mining proceeds on a mineral concessionNo prospecting or mining shall be commenced upon a mineral concession until the Commissioner has been notified.
88. Improvements may be made by the owner of surface rights on a prior-dated mineral concession in certain circumstances
89. Holder of a prior-dated mineral concession may disturb improvements without compensation in certain circumstances
90. Investigation in respect of minerals by the GovernmentIf in the opinion of the Ngwenyama it is desirable that any investigation be carried out on any mineral concession in connection with the occurrence or possible occurrence of any mineral on that mineral concession he may, by writing under his hand, direct any officer in the department or other person to carry out the investigation.
91. Prospecting on a mineral concession
92. Mining leases to prospectors
93. Other mining leases
94. Recovery of costs of investigations or prospectingIf, within a period of five years after the existence of any mineral on any mineral concession in quantities which may, in the opinion of the Ngwenyama reasonably be believed to be workable has been disclosed by any investigation under section 91 or any prospecting operations under any exclusive prospecting right granted under this Part, the holder of the mineral concession or any person who is entitled under any tribute agreement to mine for any mineral on that mineral concession mines on that land for such mineral the Ngwenyama or the prospector under such prospecting right, as the case may be, shall be entitled to recover from such holder or person so much of the costs reasonably incurred for the purpose of such investigation or prospecting operations from which such holder or person will derive benefit in his mining operations as the Minerals Committee after considering any representations in writing by the parties concerned, may determine.
95. Prospecting right or mining lease or location over two or more portions of mineral concessionsA prospecting right or a mining lease or location under this Part may be granted over two or more contiguous portions or pieces of mineral concessions whether or not the mining rights are held by the same person or under separate titles:Provided that any such prospecting right, lease or location may, if the mining rights are separately held by different persons, provide for separate rentals, royalties, shares of profits or other consideration in respect of each such portion or piece of mineral concession.
96. Right to mine associated mineral on payment of royaltyIf in the process of mining, any mineral, other than the mineral for which a mining right has been granted by the holder of a mineral concession, is discovered to exist in workable quantities by the grantee, the Ngwenyama may permit the grantee to mine and treat such other mineral on payment to the holder of the mineral concession of such royalty as may be agreed between the parties or, failing agreement, determined by the Minerals Committee.
97. Power of entry of officers and prospectorsAny officer investigating in pursuance of section 90 and any prospector prospecting in terms of this Part may, subject to sections 12 and 13 enter upon any portion of the concession (not being Swazi Area) and exercise thereon the rights set out in section 31.
98. Power of entry of lesseesAny person to whom a lease or location has been granted in terms of this Part may, subject to sections 12 and 13 exercise on the area in respect of which the lease or location has been granted (not being Swazi Area) the rights set out in section 49 and section 41 respectively.
98bis. Exemption from payment of royaltyThe Ngwenyama may exempt any person from the payment of a mineral royalty and such exemption shall be published by the Minister by Notice in the Gazette.[Added: A.9/1989]
Part IX – Swazi Areas
99. Restriction of prospecting and mining in Swazi Area
100. Notice of intention to prospect and mine in Swazi AreaAny person desiring to prospect or mine on a Swazi Area shall give notice of his intention to the Ngwenyama and shall if required by the Ngwenyama in Libandla give security by depositing with the Minerals Committee such sum or banker’s guarantee in lieu thereof as the Ngwenyama in Libandla may direct for the payment of compensation for the disturbance of surface rights and for any damage done to the land or trees or crops thereon or to livestock by prospecting or mining operations.[Amended L.N. 8(7)/1967; L.N.8/1969]
101. Ngwenyama to issue prospecting or mining right
Part X – Taxation of mining rights
102. Surrender of mineral concession in certain circumstancesThe holder of a mineral concession may at any time by notice in writing addressed to the Commissioner surrender the whole or any part of any such mineral concession in respect of which he is liable for the tax under the Mineral Rights Taxation Order No. 34 of 1973:Provided that if such surrender is in respect of part only of the area of a mineral concession the holder of such concession shall submit a plan to the Commissioner on which is demarcated to his satisfaction the area to be surrendered:And provided further that the tax in respect of any area so surrendered shall, unless the surrrender is made before the due date of the payment of the tax, be payable in respect of such area for a proportionate amount of the tax corresponding to the portion of the then current financial year which has elapsed at the date of such surrender.
103. Cancellation of mineral concessionIf a mineral concession or portion of a mineral concession has been so surrendered, the Commissioner may obtain a cancellation in the Deeds Office of Swaziland of the concession or part thereof so surrendered.
Part XI – Registration
104. Exclusive prospecting licences, and mining rights to be registered
105. All transfers or creations of interest in licences, mining locations and leases to be registered
106. Failure to registerAny person failing to apply for the registration of any transfer, dealing or transaction referred to in section 105 within the prescribed period shall be liable in the discretion of the Commissioner to forfeit all rights in respect thereof, and, if he prospects, works or mines on the area of an exclusive prospecting licence, mining location or lease, in respect of which registration of such transfer, dealing or transaction should have been applied for, shall be guilty of an offence.
107. Searches of registersSubject to the payment of the prescribed fees, the registers of prospecting and mining rights and of all transfers and interests therein may be searched and examined during the usual office hours and certified copies of any entries shall in all legal proceedings be admissible in evidence without proof of the handwriting or official position of the person purporting to sign the certified copies.
108. In case of lost or destroyed certificate copy may be substitutedIn the event of any original instrument creating or evidencing any right under this Act being lost or destroyed or so obliterated as to become illegible, the Commissioner may at the request of the holder cause a copy thereof to be prepared and to be endorsed with all such entries as were upon the original so far as the same can be ascertained from the records of his office and other available information and shall make and sign a memorandum upon such copy stating the same to be a substitute to be used in place of the original, and what has become of the original so far as is known or supposed.[Original sections 108 to 110 inclusive repealed by King’s Order-In-Council No. 34 of 1973]
109. Holder of mining rights to have registered address in Swaziland
Part XII – Miscellaneous
110. Right to use waterAny person requiring water for mining purposes may use such water only in terms of a water permit or water-right granted to him in accordance with the water laws for the time being in force in Swaziland.
112. Government departments excepted from the provisions of the ActNothing in this Act shall be construed as being applicable to or restricting the operation of any person or institution having obtained the consent in writing of the Ngwenyama to collect and possess specimens of minerals for educational or scientific purposes.
113. Trivial defects in beaconing or application do not invalidate excepted casesAny departure from the provisions of this Act or any regulations made thereunder in respect of the marking out of an area or in respect of an application for prospecting or mining rights over an area shall not invalidate such marking out or such application if the Commissioner is satisfied that a bona fide attempt has been made to comply with this Act and the regulations made thereunder and that the defect or irregularity is of a minor nature:Provided that if—
114. Lateral limitsThe lateral limits of any land held under an exclusive prospecting licence or mining right shall be vertical planes passing through the sides by which the licence or right is bounded.
115. Land required for public purposes
116. Power to take materials
117. Protection of estate of deceased person, insolvent, or mentally disordered person
118. Government officers prohibited from acquiring rightsNo person, whether civil or military, while in the service of the Government of Swaziland shall directly or indirectly acquire or hold any right or interest under any prospecting or mining right, and any licence, right or lease, document or transaction purporting to confer any such right or interest on any such officer shall be null and void:Provided that a temporary employee may retain rights and interests acquired prior to his accepting Government employment.
119. Discovery of mineral by Government servant
120. SaltingAny person who places or deposits or is accessory to the placing or depositing of any minerals in any place with the intent to mislead any person as to the payable nature of such place or who mixes or causes to be mixed with any ore any valuable metal or substance whatsoever that will increase the value or in any way change the nature of the said ore with intent to deceive, cheat, or defraud shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand emalangeni, or to imprisonment not exceeding five years, or to such imprisonment without the option of a fine, or to both.
121. Obstruction of officersAny person who wilfully obstructs, hinders, assaults or resists any member of the police or any administrative officer or any officer appointed under section 6 or any person authorised by any such officer in the exercise or execution of any right, power, or duty under this Act, or wilfully disobeys an order of any such officer or other person, other than an order for the payment of money, or is guilty of contempt of an administrative or other officer when acting in a judicial capacity shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred emalangeni or to imprisonment not exceeding twelve months or both.
122. Unlawful beacons
123. Who may beacon certain areas
124. Penalty for interference or obstruction
125. Power of arrestAny member of the Royal Swaziland Police Force of the rank of sub-inspector or upwards, an administrative officer, or an authorised officer, may without warrant, arrest and search any person whom he may find committing, or whom he reasonably suspects of having committed, an offence against this Act:Provided that the person arrested shall be taken, with as little delay as possible, before a District Commissioner or a magistrate to be dealt with according to law.
126. Titles to be produced when demandedThe holder of any prospecting or mining right, other than a mineral concession, shall produce his title whenever demanded by the Commissioner, any member of the Royal Swaziland Police Force of the rank of sub-inspector or upwards, an administrative officer, an inspector of mines or any other officer of the department.
128. ForfeitureIf any court convicts any person in connection with the unlawful possession of any minerals or with unlawful prospecting or mining the court may in addition to any other penalty it may impose forfeit any minerals, tools, implements or equipment in respect of which the offence was committed or which were used in committing the offence:Provided that if under this section a court declares any minerals to be forfeited it shall advertise the forfeiture substantially in the form prescribed in one issue of the gazette or in cases where the mineral forfeited does not in the opinion of the court exceed in value ten emalangeni by notice at the court-house and if, within three months from the date of notice, any person proves to the satisfaction of the court a title to the forfeited mineral or any part thereof and that he was not concerned in any offence for which such mineral was forfeited, the court may order that the mineral or such part as the court considers just to be delivered to that person.
129. The Minister with the prior approval of the Ngwenyama may make regulations
130. Repeal of legislation set out in the Schedule
History of this document
01 December 1998 this version
01 March 1958