A look at some of the key legal and practical considerations surrounding mining rights and title in South Africa, including the extent of state control, renewal and transfer of …
South Africa has developed to a dual system of mineral rights where some of these rights are owned by the State and others by private owners. Under previous legislation and the common law if ownership was obtained of a piece of land or property the ownership would have included the minerals within the land.
South Africa's coastlines contain some of the world's richest and unexploited deposits of heavy mineral sands. ... A mining right application includes important information such as the ...
The Loxton Dal Diamond Mine comprises a new order mining right FS 30/5/1/2/2/146 MR with a total area of 88.33 hectares, ceded to SSC Diamond's mining subsidiary SSC Joyspring on the 11th March 2011 by the Department of Mineral Resources of South Africa. The surface rights for the mining area are also owned by SSC Joypspring under deed T2846 ...
Mining is an important industry in South Africa, but it is also an industry with a damaging impact. Mining often pollutes the water, air and soil, and can disrupt farming activities and community life. Communities throughout South Africa struggle to defend their rights to their land, to their environment and to their resources when
you are able to comply with the Mine Health and Safety 1996 (Act 29 of 1996) you are not contravening the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002) no other person holds a prospecting right, mining right, mining permit or retention permit for the same mineral and land
The MPRDA has established the State as the custodian of all mineral resources in South Africa. The State through the Minister of Minerals and Energy ("the Minister") has the power to grant (inter alia) prospecting rights and mining rights.
The granting of rights and permits associated with mining is governed by the Minerals and Petroleum Resources Development Act 28 of 2002 (MPRDA). What are the different stages of …
1.2.7 Where a mining right has been obtained in respect of a Prospecting right in terms of section 19(1)(b) of the Mineral and Petroleum Resources Development Act, 2002 as amended (MPRDA), the client's copy of the prospecting right must be lodged for endorsement purposes
2 Mining Businesses Available For Sale in South Africa Today on BFS, The World's Largest Marketplace for Buying and Selling a Business BusinessesForSale is the world's most popular website for buying or selling a business.
Illegal mining for gold, diamonds or other minerals is deeply widespread in South Africa, and has gone on for decades, with about 30,000 people involved by 2019.
One of the cornerstones of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) isto ensure the sustainable development of South Africa's mineral resources and to promote economicgrowth, employment and the advancement of the social and economic welfare of all SouthAfricans.
Mining & Prospecting rights. The process of obtaining a prospecting right in South Africa and the process of obtaining a mining right are virtual the same. This document described both processes. The Mineral and Petroleum Resources Development Act defines and governs both processes.
The MPRDA is the primary legislation governing mining rights in South Africa. It sets out the requirements and procedures for obtaining, maintaining, and transferring mining rights, as well as the environmental, …
The mineral-rich soils of South Africa have long been a focal point for the mining industry, making it a key player on the global mining stage. The transfer of mining rights is a pivotal process within this industry, and it's carefully regulated under the Mineral and Petroleum Resources Development
South Africa's mining policy: The Great Nothing. Importance of a strong exploration sector "The new cadastre will speed up the processing of applications for prospecting and mining rights," says Mzila Mthenjane, CEO of …
A mining right is granted if: the mineral can be mined optimally; you have the funds and expertise to conduct the proposed mining operation optimally; the financing plan is compatible with the intended mining operation and for the duration thereof; no unacceptable pollution or damage to …
In recent years, South Africa's mining industry has come under some pressure, as a result of creeping regulatory uncertainty, a shortage of electricity, an increase in a recalcitrant workforce and ...
To explore and exploit South Africa's minerals, the law requires that you first obtain the appropriate right depending on the type of activity (prospecting or mining). Applying For a Mining Right in South Africa Step #1. Complete the prescribed form for a mining right application in line with the Mineral and Petroleum
An overview of legal and practical considerations surrounding mining rights and title in South Africa, including the extent of state control, renewal and transfer of licences, and...
A significant portion of the transactions that land on the desks of commercial mining attorneys in the Republic of South Africa ("South Africa") are related to the sale and purchase of Mining Rights.[1] Occasionally, Mining Right Holders[2] ("Seller") wish to sell only a portion of its Mining Right ("Seller Mining Right") to another Mining Right Holder ("Purchaser") …
To promote and regulate the minerals and mining for transformation, growth, development and ensure that all South Africans derive sustainable benefit from the country's mineral wealth. The …
Key legal considerations for mining off-take agreements in South Africa may include the ownership and transfer of mining rights, royalties and taxes, environmental and social responsibilities, local content requirements, dispute resolution mechanisms, and compliance with export and customs regulations.
Regulation 42 to the Minerals and Petroleum Resources Development Act requires mining companies to submit to the Department of Mineral Resources and Energy a Social and Labour Plan (SLP) as a pre-requisite for the granting of a mining right. SLPs are the instruments for achieving transformation in terms of the Mining Charter.
The standard mining right and standard converted mining right ... [The MPRDA] fundamentally altered the legal basis upon which rights to minerals in South Africa are acquired and exercised. Previously such rights vested in the owner of the land on or under which minerals were found.
The holder of a mining right has the exclusive right to apply for and be granted a renewal of the mining right in respect of the mineral and mining area. [30] A mining right is valid for a specified period which may not exceed 30 years [31] and becomes effective on the date on which the environmental management plan is approved. [32]
The following is required to apply for a Mining Right in South Africa as stipulated by the Department of Mineral Resources: Details of the land or area. Applicant's for a Mining Right …
It is for the South African government to ensure that the policies and proposed legislative changes for the mining industry and investment protection in general do not result in a further deterrence of investments in South Africa due to overly burdensome and illogical administrative red-tape, but that South Africa's attractiveness as a mining ...
Ibid at 59. 45 Kotzé op cit note 1 at 8; Marais & Maree op cit note 3 at 29. 46 Section 195 of the Constitution; Kotzé op cit note 1 at 13. 47 President of the Republic of South Africa v SARFU 2000 (1) SA 1 (CC) para 142. 48 Section 1 …