Section 163: Savings provisions in respect of Mineral titles granted under the Repealed Act.

(1) Any person who, immediately before the appointed date, was the holder of a right or a lease or a licence under the Repealed Act shall be deemed to have become on the appointed date the holder of an interim right, lease or licence.
(2) During the interim period, the holder of an interim right or lease or licence is authorised to carry on the operations which he was authorised to carry on immediately before the appointed date under the right, lease or licence of which he was the holder ; and in carrying on those operations the holder of the interim right, lease or licence shall in respect of those operations enjoy the same rights and be subject to the same liabilities as if the Repealed Act were still in force.
(3) The Holder of an A Small-scale Mining Lease ; or existing mineral title under the Repealed Act shall immediately upon the commencement of this Act, apply for and be entitled, as the case may be, to the grant of -
(a) Reconnaissance Licence ;
(b) an Exploration Licence under this Act in respect of the area covered by the interim right or licence ;
(c) a Small-scale Mining Lease;
(d) a Mining Lease; or
(e) a Quarry Lease.
(4) A mineral title granted under subsection (1) of this section shall be deemed to have been granted on the date on which the mineral title under the Repealed Act was granted, and shall remain in force, subject to this Act, for a period equal to the unexpired period of the mineral title under that Act.
(5) A Small Scale Mining Lease granted under subsection (1) of this section shall-
(a) remain in force, subject to this Act, for such period, not exceeding the unexpired period of the mining licence or lease which remained at the appointed date, or the period of five years, whichever is lesser; and
(b) require compliance with the programme of development and mining under the Repealed Act.
(6) A Mining Lease granted under this section shall-
(a) remain in force, subject to this Act, for a period equal to the unexpired residue of the Mining Lease held under the Repealed Act ;
(b) require compliance with the programme of development and mining under the Repealed Act ;
(c) require compliance with an Environmental Protection and Rehabilitation Program drawn up by the holder of the interim lease which shall be approved by the Environment Compliance Department established under this Act and shall form part of the conditions of the Mining Lease provided that-
(i ) it meets the requirements of this Act ; and
(ii) if the Mines Environmental Compliance Department considers that the program does not meet the requirement of this Act any requirements, the matter or matters in dispute shall be referred to an independent expert chosen by agreement between the Committee and the holder of the interim lease, whose decision shall be binding ; and in the event that the Committee and the interim holder are unable to agree on the choice of the expert, the expert shall be appointed by the Chief Judge of the Federal High Court.
(7) Where the holder of an interim lease who, immediately before the appointed date, held a Mining Lease under the Repealed Act elects to apply for a Small Scale Mining Lease under this Act the Minister may, if the holder of the interim lease has before the appointed date been carrying on mining operations on a substantial scale, direct that the applicant apply for a Mining Lease and in any such case the provisions set out in this paragraph shall apply as though the holder of the interim lease had elected to apply for a Mining Lease.
(8) The holder of an interim lease who, immediately before the appointed date, held a Mining Lease or quarrying lease for building or industrial minerals granted under the Repealed Act, may apply for, and shall be granted, in respect of the area covered by his interim Mining Licence or lease under Part XI of this Act a Quarry Lease.
(9) A Quarry Lease granted under this paragraph-
(a) shall be granted for such period as may be applied for, but not exceeding the unexpired period of the mining licence or lease which remained at the appointed date, or the period of ten years, whichever is greater;and
(b) shall not derogate from the compliance requirements attached to the mining licence or lease granted under the Repealed Act
(10) The holder of an interim right or lease or licence for water who, immediately before the appointed date, held a right, lease or licence for water granted under the Repealed Act may apply for, and shall be granted, in respect of the area covered by his interim right, or lease or licence a Water Use Permit.
(11) A Water Use Permit granted under this section shall be granted for as long as the Mining Lease, Small Scale Mining Lease or Quarry Lease for which use it was granted remains valid; and shall not derogate from the compliance requirements with the conditions attached to the water rights, lease or licence granted under the Repealed Act.
(12)
During the interim period and thereafter, if the transformation has been effected in accordance with this Act, the right, lease or licence held under the Repealed Act shall be adapted to the geometry and boundaries introduced by the Mining Cadastre Office and shall be granted subject to the procedures and requirements of the Mining Cadastre Office, including the payment of the rental and other fees.