Customer case aboutmining rights in south africa

mining rights in south africa

Apply for a mining right South African Government

About applying for a mining right. You need permission from the Department of Mineral Resources and Energy to mine minerals within a certain area. This is granted by way of a mining right. A mining right may not exceed a period of 30 years. A mining right is granted if: the mineral can be mined optimally

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Mining rights and title in South Africa Lexology

04/07/2019  A prospecting right may be granted for an initial period of up to five years and a mining right may be granted for an initial period of up to 30 years. These rights may be

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Mining Law 2021 Laws and Regulations South Africa ICLG

09/10/2020  If an existing mining right holder, at any stage during the existence of the mining right, had a minimum 26% Black Economic Empowerment (“BEE”) shareholding, it will be recognised as compliant with the Charter for the remaining period of the mining right, alternatively until the mining right is renewed or transferred to a third party. Pending applications lodged and accepted before the

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Mining Law in South Africa Laws regulating Mining Law

20/04/2018  Franklin and Kaplan, The Mining and Mineral Laws of South Africa, 79. For example, a right to prospect under the Minerals Act provided that: If the owner of land not held under mining title, from which the mineral rights had not been severed wished to prospect for precious metals, he was entitled to apply for the necessary authority from the State (through the Minister of Mineral and Energy Affairs).

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The rights of mining communities in South Africa THE

The rights of mining communities in South Africa. South Africa has laws which fall under the Constitution . Section 24 of the Bill of Rights: Environment 24. Everyone has the right— (a) to an environment that is not harmful to their health or wellbeing; and (b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other

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How to apply for a Mining Right in South Africa as

17/10/2018  How to apply for a Mining Right in South Africa Details of the land or area. Applicant’s for a Mining Right must provide a plan as contemplated in regulation 2 (2) of Mining work programme. Full particulars of the mining work programme as detailed in regulation 11 of the MPRDA. Financial and

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New order mining rights four years into a new mining

The MPRDA endorsed the view that South Africa’s mineral and petroleum resources belong to the nation, and accordingly established the State as the custodian of South Africa’s mineral resources, through the Minister of Minerals and Energy. The State therefore has the power to grant, control, administer, or refuse prospecting rights, mining rights, mining permits, retention permits, permissions to remove or dispose

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South Africa: Groundbreaking Court Judgment On Mining

23/09/2020  Requiring the regional manager to provide a mining right application to an affected community would best give effect to its constitutional rights to live in a clean environment and of access to information. It would also best give effect to the MPRDA’s objective of sustainable development and the right of communities to meaningfully influence the outcome of decisions that will affect them.

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The Mining Law Review: South Africa

10/11/2020  The South African government's formal position on mining and international investment is that South Africa is 'open for business' and that investment in the mining sector is to be welcomed, while it aims to find common ground between contending interests of the stakeholders involved. In practice, the situation is rather more complicated, as the promotion of investment in mining is often subordinate to

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SOUTH AFRICA: MINING 2020 Africa notes

17/10/2019  It is fairly common for lenders to take security over mining assets in South Africa. This security generally takes the form of share pledges, mortgages over mining rights and general and special notarial bonds over mining equipment. However, lenders should carefully consider the provisions of section 11 of the MPRDA before taking security over any mining assets. As mentioned above, the Minister’s consent is required for the transfer of a prospecting or mining

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Apply for a mining permit South African Government

About applying for a mining permit. If you want to conduct mining operations you need to obtain a mining permit from the Department of Mineral Resources and Energy (DMRE). No person is allowed to mine without a mining permit. Mining permits are not transferable. They are aimed at controlling prospecting and mining, having regard to considerations for health and safety, environmental

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South African community wins court battle over mining

22/11/2018  431. Environmental activists in South Africa have won a landmark legal victory after the high court ordered the government to get prior community consent before granting mining rights.

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Department of Mineral Resources Last day for Mining

The purpose of the Mineral and Petroleum Resources Development Act, 2002, (Act No 28 of 2002) (MPRDA) is amongst others to transform the mining and production industries in South Africa. In order to ensure effective transformation in this regard, the Act requires the submission of the Social and Labour Plan as a pre-requisite for the granting of mining or production rights.

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South Africa: How Mining Damages Human Rights

27/08/2018  The South African Human Rights Commission has released a scathing report on the damage mining in the country is posing to human rights. The conclusion paints a dark picture: " [T]he mining

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The rights of mining communities in South Africa THE

The rights of mining communities in South Africa. South Africa has laws which fall under the Constitution . Section 24 of the Bill of Rights: Environment 24. Everyone has the right— (a) to an environment that is not harmful to their health or wellbeing; and (b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other

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SOUTH AFRICA: MINING 2020 Africa notes

17/10/2019  On 27 March 2019, the Minerals Council of South Africa instituted judicial review proceedings against the Minister and the DME and requested the High Court to review and set aside certain onerous provisions of Mining Charter III such as: (i) the ownership obligations in respect of the renewal and transfer of existing mining rights; (ii) the obligations imposed on applicants for new

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South African community wins right to access mining

13/10/2020  A mining right application includes important information such as the particulars of the applicant, the mining works programme and the social and

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Apply for a mining permit South African Government

A mining permit is valid for the period specified on the permit, but may not exceed two years. It may however be renewed for three more periods of no more than a year each. A mining permit may only be issued if: the mineral in question can be mined optimally for two years; the mining area does not exceed 1,5 ha. What you should do. Apply online

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5 things you should know about the new mining rights

Earlier this month, the South African government suspended the implementation of the new Mining Charter, which aims to require ownership of mining companies to have at least 30 percent black persons’ shareholding from the current 26 percent. Zwane agreed to suspend the implementation of the controversial mining charter until a court has ruled on the mining chamber’s interdict application to

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South African community wins court battle over mining

22/11/2018  431. Environmental activists in South Africa have won a landmark legal victory after the high court ordered the government to get prior community consent before granting mining rights.

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South Africa: How Mining Damages Human Rights

27/08/2018  The South African Human Rights Commission has released a scathing report on the damage mining in the country is posing to human rights. The

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To Dig or not to Dig Surface Owners’ Rights Versus the

Few activities are more environmentally destructive than mining. South Africa's economy, however, was built on mining. We also have an environmental right in our Constitution that has been described by our courts as "majestic" as it offers unlimited protection for the environment. In addition, mining often impacts beyond the borders of the mining operation infringing on the rights of other

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Environment of Fear in South Africa’s Mining-Affected

16/04/2019  South Africa’s Obligation to Protect the Rights of Mining-Affected Communities. International and South African law requires South Africa to

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The obligation to rezone land and its impact on mining

Maccsand is the holder of a mining right and mining permit issued to it by the South African Department of Mineral Resources (DMR) in terms of the Mineral and Petroleum Resources Development Act (MPRDA). The land over which the mining right and mining permit was granted is zoned as public open space. The City of Cape Town informed Maccsand that it would not be permitted to exercise the

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