dmr , page-8

Kiwi it's very old and Barry had it so very very wrong with the cut off dates of April 30 2009. This will point you in the right direction and take note of "no prospecting or mining was conducted immediately before the MPRDA came into effect" Genorah didnt recieve the rights till after the expiry date.

Transitional Provisions

While the MPRDA clearly regulates the acquisition of new order rights, it also provides certain transitional provisions aimed at protecting security of tenure in respect of prospecting and mining operations that were taking place immediately before the MPRDA commenced; giving the holders of certain rights under the Minerals Act an opportunity to comply with the MPRDA; and promoting equitable access to the nation’s mineral and petroleum resources. The transitional provisions in the MPRDA accordingly provide for the:

continuation of old order prospecting rights;

continuation of old order mining rights

processing of unused old order rights (i.e. rights entitlements, permits of licences in respect of which no prospecting or mining was conducted immediately before the MPRDA came into effect)

continuation of reservations, and permission for the right to use the surface of land; and

continuation of environmental management programmes.


The transitional provisions in the MPRDA also specifically provide for the continuation of certain old order rights subject to the terms and conditions in terms of which they were granted, save where such terms and conditions were contrary to the Constitution of the Republic of South Africa, 1996. In addition:


the holder of an unused old order right had the exclusive right to apply for a new order prospecting right or mining right within one year of the commencement of the MPRDA, failing which the unused old order right ceased to exist on 30 April 2005;

the holder of an old order prospecting right had the exclusive right to apply for a new order prospecting right or mining right within 2 years of the commencement of the MPRDA, failing which the old order prospecting right ceased to exist on 30 April 2006; and

the holder of an old order mining right has the exclusive right to apply for a new order mining right within 5 years of the commencement of the MPRDA, failing which the old order mining right will cease to exist on 30 April 2009, unless this time period is extended by the Department of Minerals and Energy