The new democracy established in 1994 ushered in changes to the way south africans deal with their natural resources, especially minerals. After years of isolation under apartheid, since 1994 south africa has made enormous progress in improving living standards and managing public finance. 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.
All mining rights applications require the following. Study of sand mining and related environmental problems along. Overview of legal system in south africa south africa has a mixed legal system, comprised of several legal traditions, including civil law based on romandutch law and common law inherited from the british. 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.
Franklin and kaplan, the mining and mineral laws of south africa, 79. In recent years, however, this has changed significantly and the industry is. 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. 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. Mining law is also affected by the common law of south africa derived from roman law principles through roman dutch law. Advisory note advisability and legal requirements for.
Changes to south africa mining rules hit anglo american. Mining rights are valid for 30 years and renewable. South african legislation pertinent to gold mine closure and. President jacob zuma, preface, south africas green economy accord 2011. 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. Environmental legislation and water management issues during. 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. Sa has aligned itself with the balance of international practice to mineral rights ownership and has adopted the concept of national. Anglo operations ltd v sandhurst estates pty ltd 2007 2 sa 363 sca at par 16. Section 24 of the constitution of the republic of south africa, 1996.
Minerals prospecting and mining act 33 of 1992 namibia. 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. Mining law in south africa laws regulating mining law. Mining safety mining health and safety legislation in south. Everyone has the right to an environment that is not harmful to their health or wellbeing. Definitions in these regulations any word or expression to.
Under section 98 of the mine health and safety act, 1996 act no. The 2015 financial year was impacted by significant commodity price decreases and cost pressures, leaving the mining industry struggling for survival. The south african legislative frame viork for mine closure e. South africa overview south africa is the largest economy in africa. Mining advancing environmental rights in south africa. Effects of the new mining law legislative regime on. Mining law insights into the law in south africa welcome. Sep 07, 2017 south africa aims to pass delayed mining law by december. Department of environmental affairs departement van omgewingsake no. In 2009, the countrys diamond industry was the fourth largest in the world. Offshore mining in south africa is also relatively productive.
Mining health and safety legislation in south africa. Dale, south african mineral and petroleum law, par 92. Requirementsforcommunitydevelopmentinmininglaws6november2014 countrylegalrequirementforcommunitydevelopmentproposedlegalrequirement1,2typefocus. Before the promulgation of the mhsa, the safety of the south african mine workers was provided for in the mines and works act no. 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 has recently undergone a rather dramatic legislative revision of its mining law regime. 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 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. Requirementsforcommunitydevelopmentin mining laws6november2014 countrylegalrequirementforcommunitydevelopmentproposedlegalrequirement1,2typefocus. Jun 15, 2017 shares in anglo american have fallen sharply after south africa announced changes to its mining regulations.
Three sustainable mining policy and legislative framework. 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. Sutton university of the witwatersrand, johannesburg, south africa i. 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. Permits, licences and rights south african government. Mining health and safety in south africa is governed by act 29 of the 1996 mine health and safety act. South african legislation pertinent to gold mine closure and residual risk m.
Mining 2020 laws and regulations south africa iclg. South africa is also a major producer of coal, manganese and chrome. 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. Shares in anglo american have fallen sharply after south africa announced changes to its mining regulations. Water risks in the mining sector south africa 1 as of april 2016 1. To provide for the reconnaissance, prospecting and mining for, and disposal of, and the exercise of control over, minerals in namibia. It is important to be aware of the laws and regulations governing mining safety in south africa. For example, a right to prospect under the minerals act provided that. We have a strong record of acting on the most significant mining related mergers and acquisitions across the african continent. 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.
Mining law in south africa mining legislation mining. South africa sa has had a colourful history since european occupation1. Mining safety mining health and safety legislation in. These principles are often described and enunciated in case law, which case law also places judicial interpretation upon legislation such as the mprda.
Incorporating bee into the new mineral law framework for the. South africas mineral and petroleum resources belong to the nation and that the state is the custodian thereof. Experts grill proposed changes to sas mining laws the. Rsa mining legislation sedibelo platinum mines limited.
The mining charter, 2018 must read be together with the implementation guidelines be to gazetted within two months from the date this of publication. It is the largest country in southern africa and the 9th largest on the african continent, with an area of 1. 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. The states interests have gone headtohead with those of investors in the wrangling over proposed changes to south africas mining laws. South africa aims to pass delayed mining law by december. The mineral and petroleum resources development act 28 of 2002 mprda is the relevant legislation. 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. 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. 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 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.
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