In South Africa, exploration which is also known as prospecting, is primarily governed by the Mineral and Petroleum Resources Development Act, 2002 (“MPRDA”). To explore South Africa’s minerals, the law requires that you first obtain a prospecting right.
Below we explain how to apply for a prospecting right in South Africa.
1. An applicant for a prospecting right must lodge the application at the office of the regional manager in whose region the land is situated. Practically, this will require the applicant to complete the prescribed form and submit it electronically on the SAMRAD portal, and thereafter lodge physically at the regional office. This application must be accompanied by the proof of payment of the non-refundable application fee.
2. The application must contain:
2.1. the details of the land or area of interest in the form of a plan of the land to which the application relates, which is approved and certified by a surveyor, and which contains the information required in Regulation 2(2) of the MPRDA Regulations;
2.2. the prospecting work programme – a prospecting work programme is vital in showing the plan for the prospecting activities and detailing the applicant’s technical ability regarding how the prospecting work will be conducted; and
2.3. proof that the applicant has access to financial resources and has the technical ability to carry out the prospecting activities.
3. All applicants are required to simultaneously apply for an environmental authorisation in terms of the National Environmental Management Act, 1998 as amended (“NEMA”).
4. Before granting the application, the Regional Manager must ensure:
4.1 that no person holds a prospecting right, mining right, mining permit or retention permit for the same mineral and land as required by section 16(2)(b) of the MPRDA;
4.2. no prior application for a prospecting right, mining right, mining permit or retention permit has been accepted for the same mineral or the same land;
4.3 that the applicant can comply with the relevant provisions of the Mine Health and Safety Act, 1996;
4.4 the environmental authorisation for the prospecting activities has been granted; and
4.5 the applicant has not contravened any other relevant provision of the MPRDA
If you would like our legal assistance to apply for a prospecting right, analyse the outcome of an application for a prospecting right, or help you to appeal and/or review the decision of the competent authority, specialist legal advice towards promoting your entry into the South African minerals and energy industry is available at Sitef & Co. You can contact us by emailing info@sitef.co.za
Reflecting on the historic significance of mining
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