The process of applying for a mining right is more straightforward when guided by legal experts who can
support you in navigating the legal framework and engaging with the regulators.
In South Africa, mining and exploration are primarily governed by the Mineral and Petroleum Resources Development Act of 2002 (“MPRDA”). 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
Resources Development Regulations (“MPRDA Regulations”) detailing, amongst other things, the
particulars of the applicant, the details of the land/area you intend to mine on, details of the
mineral(s) for which the right is sought, the duration for which the right is required, etc… The
details of the land/area are accompanied by a mapping of the property to which the application
relates;
Step #2
Provide a mining work programme (“MWP”) detailing the forecast of financial and technical means
needed for the mining operations. The contents of the MWP must have all the information in
regulation 11 of the MPRDA Regulations.
Step #3
Provide documents evidencing access to financial resources which will enable you to mine the
resources.
Step #4
Provide documents that evidence your technical ability to mine the resource optimally.
Step #5
Provide a social and labour plan contemplated in regulation 46 of the MPRDA Regulations.
Step #6
Demonstrate that you can comply with the Mine Health and Safety Act, 1996 provisions.
Step #7
Your application must also promote employment and show that you will substantially and meaningfully expand opportunities for historically disadvantaged persons, including women and
communities to enter into and actively participate in the sector.
Step #8
Provide a copy of a resolution authorising the applicant’s representative to submit the mining right
application on behalf of the applicant.
Step #9
Provide a copy of the identity document of the applicant if the applicant is a natural person and a
certified company certificate of incorporation from the Companies and Intellectual Property
Commission (CIPC) if the applicant is a juristic person.
Step #10
A copy of proof of payment of the prescribed application fee is required in the amount of R1000.00 (one
thousand Rands), according to the MPRDA Regulations.
Step #11
All documents must be submitted to the Department of Mineral Resources and Energy’s
(“DMRE”) online application portal named SAMRAD. The application is lodged
with the Regional Manager in whose region the land is situated.
Step #12
Mining operations inevitably impact the environment. To this end, the law requires that an
application for an environmental authorisation be submitted simultaneously with the application for
a Mining Right. In our next blog, we will guide you on how to apply for an Environmental Authorisation.
Step #13
Once lodged, the DMRE may accept or reject your application for a mining right. Your
application should not be accepted if there is a conflict over the same mineral and land as
defined.
Step #14
If your application is accepted, the Regional Manager will further require you to submit relevant environmental reports and, upon their receipt, refer the application to the Minister for
consideration.
Step #15
The Minister will evaluate your application and may impose terms and conditions on the mining
right once granted.
Partner with Sitef & Co.
The South African mining landscape is full of opportunity and intricate legal terrain. Contact us now to schedule a consultation. Our legal experts will consider your specific needs and resolve any disputes. We will develop a personalised plan to ensure your mining business thrives within legal boundaries.
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