The new democracy established in 1994 ushered in changes to the way south africans deal with their natural resources, especially minerals. Mining law insights into the law in south africa welcome. All mining rights applications require the following. Aug 16, 2012 with south africas economy built on gold and diamond mining, the sector is an important foreign exchange earner, with gold accounting for more than onethird of exports. Mining health and safety legislation in south africa. South africas mineral and petroleum resources belong to the nation and that the state is the custodian thereof. Permits, licences and rights south african government. Sep 07, 2017 south africa aims to pass delayed mining law by december. Under section 98 of the mine health and safety act, 1996 act no. Department of environmental affairs departement van omgewingsake no. South africa has recently undergone a rather dramatic legislative revision of its mining law regime. Mining law is also affected by the common law of south africa derived from roman law principles through roman dutch law. Rsa mining legislation sedibelo platinum mines limited. Three sustainable mining policy and legislative framework for most of its history, the mining industry in south africa has not been subjected to comprehensive environmental regulation.
Franklin and kaplan, the mining and mineral laws of south africa, 79. South africa yearbook 201516 320 the association of mine managers south africa ammsa provides a platform for mining industry professionals to discuss, evaluate and debate mining and minerals policy, technical innovations, safety and health challenges and advancements in mining in south africa. Changes to south africa mining rules hit anglo american. Section 24 of the constitution of the republic of south africa, 1996. The states interests have gone headtohead with those of investors in the wrangling over proposed changes to south africas mining laws. South africa sa has had a colourful history since european occupation1. Experts grill proposed changes to sas mining laws the. To provide for the reconnaissance, prospecting and mining for, and disposal of, and the exercise of control over, minerals in namibia. Mining 2020 laws and regulations south africa iclg.
Three sustainable mining policy and legislative framework. Mining health and safety in south africa is governed by act 29 of the 1996 mine health and safety act. Anglo operations ltd v sandhurst estates pty ltd 2007 2 sa 363 sca at par 16. Deat 2005 environmental assessment of traderelated agreements and policies in south africa, integrated environmental management information series 18, department of environmental affairs and tourism deat, pretoria isbn 0958472947 page 1. South africa overview south africa is the largest economy in africa. South africa is also a major producer of coal, manganese and chrome. Mining advancing environmental rights in south africa. In recent years, however, this has changed significantly and the industry is. Mining law in south africa mining legislation mining. Incorporating bee into the new mineral law framework for the. Environmental legislation and water management issues during mine closure in south africa auditing procedures, financial guarantees for total environmental rehabilitation responsibilities, controlled decommissioning and clo sure procedures, procedures for the determination of possible latent.
President jacob zuma, preface, south africas green economy accord 2011. We have taken a snapshot view of several mining regions across africa and share some of what is happening with regard to policy, infrastructure and funding. Minerals prospecting and mining act 33 of 1992 namibia. Engineering council of south africa advisory note advisability and legal requirements for employing registered professionals to perform engineering services 19 march 2012 executive summary engineering is a profession and an activity that provides important services to individuals, enterprises and government. In this years edition of state of mining in africa in the spotlight, we take a further look at, and reflect back on, our observations to see how the broad industry is progressing. It is the largest country in southern africa and the 9th largest on the african continent, with an area of 1. South africa, officially the republic of south africa, sits on the southern tip of the african continent, with namibia, botswana, zimbabwe, mozambique, swaziland and lesotho bordering. After years of isolation under apartheid, since 1994 south africa has made enormous progress in improving living standards and managing public finance. Adopted by the african heads of state at the february 2009 african union summit, the africa mining vision outlines the continents long term and broad development objectives for africas mineral sector. The mining charter, 2018 must read be together with the implementation guidelines be to gazetted within two months from the date this of publication. Sa has aligned itself with the balance of international practice to mineral rights ownership and has adopted the concept of national.
Requirementsforcommunitydevelopmentin mining laws6november2014 countrylegalrequirementforcommunitydevelopmentproposedlegalrequirement1,2typefocus. Bernard swanepoel, onetime chief executive of harmony gold, south africas thirdlargest gold mining company after anglogold ashanti and sibanye, said in 2015 that although south africa had the richest and most diverse mineral deposits in the world, most of these assets would stay in the ground because there was no new money coming into the. Applying the law as a minimum requirement is one of the six principles outlined in the mining and biodiversity guideline that should be applied towards good decision making when addressing biodiversity issues and impacts in a mining context. Everyone has the right to an environment that is not harmful to their health or wellbeing.
We have a strong record of acting on the most significant mining related mergers and acquisitions across the african continent. Environmental legislation and water management issues during. The mining industry in south africa is administered by the department of mineral resources, the head office of which is situated in pretoria, south africa, and each of the nine regions of south africa have regional offices of the department of mineral resources. We have established ourselves as a leading legal adviser within the mining industry in africa and offer a full complement of legal services in this sector. Mining laws and regulations south africa covers common issues in mining laws and regulations including the mechanics of acquisition of rights, foreign ownership and indigenous ownership requirements and restrictions, processing, beneficiation in 28 jurisdictions. The state of mining in africa striking a balance, is a consolidated point of view of the deloitte mining leaders across africa backed by research. It is important to be aware of the laws and regulations governing mining safety in south africa. Mining rights are valid for 30 years and renewable. The near shore and shelf environments of the west coast hold rich reserves of minerals, particularly diamonds and in south africa there is an increasing emphasis on offshore diamond mining operations. Weiersbye university of the witwatersrand, johannesburg, south africa abstract mining is an important contributor to the south african economy but has the potential for significant. Study of sand mining and related environmental problems along. The south african legislative frame viork for mine closure e.
Mining safety mining health and safety legislation in south. Effects of the new mining law legislative regime on. South africas mining sector is slowly showing signs of recovery after being battered by a global commodities downturn. Sutton university of the witwatersrand, johannesburg, south africa i. Before the promulgation of the mhsa, the safety of the south african mine workers was provided for in the mines and works act no. South africans woke up to an entirely new landscape on the morning of 16 march 2020, following the announcements by president ramaphosa on the evening of 15 march 2020 regarding south africas precautionary measures that must be put in place to prevent the contraction. Requirementsforcommunitydevelopmentinmininglaws6november2014 countrylegalrequirementforcommunitydevelopmentproposedlegalrequirement1,2typefocus. Other legislation such as the national environmental management act, 1998, the national water act, 1998, the atmospheric pollution prevention act, 1965, and the national nuclear regulator act, 1999 and other applicable legislation provide, inter alia, further controlling measures. South africa aims to pass delayed mining law by december. South africas mining sector is slowly showing signs of recovery after being battered by a.
Namibia, officially the republic of namibia, sits on the south west coast of the african continent, bordered by zambia and angola to the north, botswana and south africa to the east and south and the atlantic ocean to the west. Advisory note advisability and legal requirements for. Jun 15, 2017 shares in anglo american have fallen sharply after south africa announced changes to its mining regulations. Offshore mining in south africa is also relatively productive. Shares in anglo american have fallen sharply after south africa announced changes to its mining regulations. We also follow case studies that, in our view, provide good examples that support our previous observations and suggest the potential for a. Mining law in south africa laws regulating mining law. The 2015 financial year was impacted by significant commodity price decreases and cost pressures, leaving the mining industry struggling for survival. In 2009, the countrys diamond industry was the fourth largest in the world. Stemming from the vast array of environmental legislation that companies have to contend with, almost on a daily basis, it has become vital for companies to obtain strategic environmental legal advice in this unique. For example, a right to prospect under the minerals act provided that. South african legislation pertinent to gold mine closure and.
These principles are often described and enunciated in case law, which case law also places judicial interpretation upon legislation such as the mprda. Definitions in these regulations any word or expression to. Water risks in the mining sector south africa 1 as of april 2016 1. The state of mining in south africa and beyond south africas historic mining industry has been taking it on the chin for the past five years with economic recession, political interference and rand fluctuation playing havoc, but its showing signs of recovery of late, with specific commodity rallies, giving hope ahead of the 2017 mining indaba in cape town. Environmental law and policy in namibia edited by oliver c ruppel professor of law, faculty of law, university of stellenbosch, south africa katharina ruppelschlichting senior legal researcher, legal research and development trust of namibia lrdt 2011. The mineral and petroleum resources development act 28 of 2002 mprda is the relevant legislation. South african legislation pertinent to gold mine closure and residual risk m.
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