Diamonds Act, 1986 (Act No. 56 of 1986)Chapter I : Application of Act1. Definitions |
In this Act, unless the context indicates otherwise –
[deleted by Act No. 29 of 2005 by the Diamonds Amendment Act];
means the polishing of a diamond or the setting of a diamond in a tool, in an article or in jewellery;
in relation to a licensee, means premises of the licensee of which particulars of the location have been endorsed on his licence in terms of section 29(2)(b) or 31(4)(a);
means the executive officer of the Regulator appointed in terms of section 14(1);
in relation to –
| a) | a company, means – |
| i) | more than 50 per cent of the issued share capital of the company; |
| ii) | more than half of the voting rights in respect of the issued shares of the company; or |
| iii) | the power, either directly or indirectly, to appoint or remove the majority of the directors of the company without the concurrence of any other person; or |
| b) | a close corporation, means more than 50 per cent of the interest in the close corporation; |
means any diamond deriving from a diamond which has been subjected to a process of crushing;
[deleted by Act No. 29 of 2005 by the Diamonds Amendment Act];
means the holder of a diamond dealer's licence contemplated in section 26(a);
means a person who holds a licence contemplated in section 26(b) or (c);
[deleted by Act No. 29 of 2005 by the Diamonds Amendment Act];
includes any person involved in the buying of, selling of, dealing in, importation of, export of or production of diamonds, or beneficiation involving diamonds;
means a diamond exchange and export centre contemplated in section 59(b);
means any powder deriving from a diamond which has been subjected to a process of polishing or crushing;
means the premises at which the holder of a diamond trading house licence may facilitate local buying and selling of unpolished diamonds;
means a natural diamond that has been altered, treated or improved by any artificial means, except by polishing;
[deleted by Act No. 29 of 2005 by the Diamonds Amendment Act];
in relation to an unpolished diamond, means any person permitted in terms of this Act to export the unpolished diamond;
means any part of a diamond separated from the diamond in a process of polishing and which is so irregular in shape or so small in size that it is usually unsuitable for polishing;
means an inspector appointed under section 80(1);
means the international understanding among participants that was recognised by Resolution 55/56 adopted by the General Assembly of the United Nations on 1 December 2000;
means the international certification scheme for the international trade in unpolished diamonds negotiated in the Kimberley Process;
[deleted by Act No. 29 of 2005 by the Diamonds Amendment Act];
means a dealer, diamond beneficiator, holder of a diamond trading house licence or researcher;
means the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);
means the Minister of Minerals and Energy;
means a diamond which has been subjected to one or more processes of polishing, but not so many processes that it is in the opinion of the Regulator a polished diamond, and includes a diamond known as an 'acht kant', but does not include such an 'acht kant' which in the opinion of the Regulator is a polished diamond;
means a police official as defined in section 1(1) of the Criminal Procedure Act, 1977 (Act 51 of 1977);
means a diamond which has, in accordance with the requisites of its class or form, been subjected to so many processes of polishing that it is in the opinion of the Regulator a polished diamond;
in relation to any unpolished or polished diamond, means the sawing, cutting, cleaving or dividing in any manner, faceting, brillianteering or altering of that diamond;
means prescribed by regulation;
means any person entitled to win or recover diamonds in terms of sections 19, 25 and 27 of the Mineral and Petroleum Resources Development Act;
in relation to an unpolished diamond, means to purchase the unpolished diamond, to deal in it or to obtain it by way of barter, pledge or in any like manner;
includes a computer print-out;
means any person in the service of the Regulator or any person contemplated in section 5(1)(c) assisting in the administration of a provision of this Act;
means a regulation made under section 95(1);
means the South African Diamond and Precious Metals Regulator established by section 3(1);
means the holder of a diamond research licence contemplated in section 26(d);
in relation to an unpolished diamond, means to sell the unpolished diamond, to offer or expose it for sale, barter or pledge or for any like purpose or to dispose of or deliver it for the purpose of trade;
means the State Diamond Trader established by section 14;
means a diamond manufactured by any artificial means;
includes a regulation;
[deleted by Act No. 29 of 2005 by the Diamonds Amendment Act];
means
| a) | diamond in their natural state, as they occur in deposits or extracts from the parent rock; |
| b) | diamonds simply sawn, cleaved, bruted, tumbled or which have only a small number of polished facets (windows which allow expert examination of the internal characteristics), and includes diamonds that are provisionally shaped but clearly require further working; |
| c) | tumbled diamonds of which the surface has been rendered glossy or shiny by chemical treatment or chemical polishing; |
| d) | broken or crushed diamonds; |
| e) | diamond dust; or |
| f) | diamond powder, |
and applies regardless of whether such diamonds are won or recovered within the Republic;
[Definitions amended by section 19(1) of the Diamond Export Levy (Administration) Act, 2007 (Act No. 14 of 2007)]