How To Apply For A Mining Permit

Are you a junior, small-scale, or artisanal miner seeking to lawfully mine your desired land? Are you a large-scale miner seeking to process tailings facilities? It is essential to know the relevant mining law and collaborate with a top mining law firm to navigate the legal prerequisites and obtain the correct mining title.

Below we unpack frequently asked questions about how to apply for a mining permit and iron out your application concerns. These questions include: What is the difference between a mining right and a mining permit? What is your next step if your application is denied? Can you apply online?

As one of the top mining law firms in South Africa, Sitef & Co is uniquely positioned to guide you through the application process, including the intersection with energy law, oil and gas law, environmental law, administrative law, commercial law and other aspects of the law. 

At Sitef & Co, we ensure that all relevant and related areas of law are available, competently integrated and coordinated to best realise your business needs and interests. 

Let’s unpack some of your questions:

#1 Mining Permit vs Mining Right. What’s The Difference?

A mining permit is available to anyone but best suited to small-scale and artisanal miners because the permit restricts operations to a period of 2 years and is relevant for an area not exceeding 5.0 hectares in size.  It is also suited to large-scale miners targeting a smaller area for mining a mineral or extracting a mineral from a tailings facility.

Note that mining permits may not be transferred, ceded, let, sublet, alienated or disposed of in any way.

Mining rights are more relevant to large-scale industry operators who seek to mine areas exceeding 5.0 hectares, and holders can perform a complex variety of transactions.

#2 What Is The Process Of Applying For A Mining Permit?

Details concerning the process of applying for a mining permit are contained in Section 27 of the Mineral and Petroleum Resources Development Act, 2002 (“MPRDA”). Anyone applying for a mining permit must:

• Apply with the Regional Manager (“RM”) in whose jurisdiction the land of interest is located
• Lodge in the prescribed manner together with the prescribed non­refundable application fee.

The mining permit may only be granted if:

1. The mineral in question can be mined optimally within 2 years
2. The mining area in question does not exceed 5.0 hectares in extent.

Persons applying for a mining permit must simultaneously apply for an environmental authorisation.

Complete the following forms as part of the application:

Apply online via the SAMRAD portal, which automatically generates the relevant form.

OR

Form F, contained in Annexure 1 of the MPRDA regulations accompanied by R100 for the lodgement of the application.

If the regional manager accepts the application, they must (within 14 days) notify the applicant in writing to:

• Consult with the landowner/lawful occupier/ interested and affected parties and include the results of the consultation in the relevant environmental report
• Submit the relevant environmental reports, as required, in terms of the National Environmental Management Act (NEMA), 1998. This must be done within 60 days of the date of notice. 

The minister must then issue a permit if:

1.  The requirements of the minerals in question can be optimally mined, and the mining area doesn’t exceed 5.0 hectares
2.  The environmental authorisation is issued
3. The applicant can comply with the relevant provisions of the Mine Health and Safety Act, 1996.

The mining permit is only relevant for a specified period not exceeding 2 years and can be renewed for 3 periods, each of which may be at most 1 year.

#3 What’s The Next Step After Securing A Mining Permit?

Permit holders are permitted to:

• Enter the land and begin operations
• Subject to the National Water Act, 1998, use water from any source on or flowing through the land, or from any previous evacuation made or required for use for prospecting/ mining purposes on such land
• Pay royalties in terms of the relevant law
• Submit the mining permit for recording at the Mineral and Petroleum Titles Regulatory Office within 60 days of being issued
• Mine in the area for the mineral specified in the permit

#4 What’s The Next Step If Your Application Is Denied?

If the application is denied, it can be appealed, but no applications are allowed pending the finalisation of the appeal. Sitef & Co can assist in the appeal application process.

#5 How Can A Mining Law Firm Help Me?

As experts in mining law, natural resources and energy, Sitef & Co can assist and advise you with any right or permit recognised by the Mineral and Petroleum Resources Development Act (MPRDA).

Since the mining permit application process often entails an intersection in areas of the law – ranging from, environmental law and health and safety, administrative law and commercial law – Sitef & Co is a one-stop law firm where all relevant and related areas of the law are available, competently integrated and coordinated to ensure the best recognition and realisation of your needs and interests.

You may need to contact a law firm like Sitef & Co for assistance with the following:

• To know what to expect from the requirements of the relevant procedures.
• To appeal or review the relevant authority’s decision, especially the prospects of success in the event of the rejection of an application.
• Upon approval of the application, various commercial transactions and/or agreements must be drafted and entered in a manner that best protects the recognition of a client’s interests and needs as they arise from the rights of the permit holder.

Let the experts at Sitef & Co exceed your expectations and make your mining permit application that much smoother. Contact us today to make an appointment.