Section 6: Lease of sand quarries

6. Lease of sand quarries (1) Notwithstanding section 6 of the State Lands Act, the Minister may grant a lease of a sand quarry to a licensed dealer for such term and upon such conditions as he thinks fit and on giving such security as the Minister considers adequate for the observance of those conditions. (2) Subject to subsection (3), where during the term of a lease granted under subsection (1), the lessee ceases to be a licensed dealer, the lease shall be deemed to have been revoked from the date the lessee ceases to be a licensed dealer. (3) Where a licensed dealer dies, his spouse, heir or representative may, with the approval of the authorised officer, carry on his business for the unexpired portion of the licence, either personally or by an agent approved by the authorised officer. (4) Every lease shall be deemed to be subject to the condition that the lessee shall keep a proper record of the— (a) quantity of sand removed from day to day; [Issue 1] R18 – 2 (b) vehicle transporting the sand and the full name and address of the driver of the vehicle; (c) person to whom the sand has been sold or to whom it is destined; and (d) amount paid in respect of any sand sold. (5) Where the Minister or the authorised officer has reason to believe that no record or proper record as specified in subsection (4) is being kept, he may cancel the lease after giving the lessee an opportunity to make representations. (6) Every grant of a lease under subsection (1) shall specify the area of the sand quarry and the depth to which the quarrying operations may be done. [S. 6 amended by Act 33 of 1989; Act 48 of 1991.]