How To Apply For Mining Rights In South Africa
The responsibility of managing South Africa’s mineral and petroleum resources for the good of all South Africans falls on the state, which is the custodian of these resources. The minerals found in, on, or below the surface of a landowner’s property are therefore not subject to ownership by the owner of surface rights.
According to the Mineral and Petroleum Resources Development Act, No. 28 of 2002, anyone who wishes to utilize mineral resources in South Africa must first apply for and obtain the necessary rights. This includes the owner of surface rights (MPRDA).
The method of application
DMRE’s online application platform is typically used to submit requests for prospecting and mining rights (SAMRAD). Despite the fact that SAMRAD only provides a limited amount of information,it will let potential applicants know if there are any rights already in place over the relevant locations. Following a recent declaration by the DRME Minister, this online application portal will shortly be replaced with a new minerals cadastral system within six months. This update is necessary since the SAMRAD system is broken, not user-friendly, and prone to corruption.
What distinguishes a mining right from a mining permit?
A mining permit allows a business or individual to mine a small plot of land (no larger than 1.5 hectares) for a predetermined time period of up to two years. Mining Right: A mining right enables a business or individual to conduct mining operations for up to 30 years.
How can one obtain a certificate for mining?
Before submitting an application to become a candidate, a prospective candidate must hold a blasting certificate of competency, satisfy the necessary number of practical mining shifts, and meet other application conditions. The applicant can then submit an application to the Department of Mineral Resources to take the test.
How To apply
Prospecting rights owners are expected to provide the DMRE and the South African Council for Geoscience with progress reports and statistics regarding their prospecting operations (CGS). Except as directed by the DMRE after consultation with the CGS, no one may dispose of or destroy any records, borehole core data, or core-log data. The public does not typically have access to these records.
Who Manages Minerals in South Africa
The state is obligated to manage South Africa’s mineral and petroleum resources for the benefit of all citizens as the custodian of these resources. As a result, a landowner with surface rights has no right to the minerals that are present in, on, or below the surface of their property.
Is it possible to transfer a mining right?
It is prohibited to transfer, cede, let, sublet, assign, alienate, or otherwise dispose of a mining right or prospecting right, any interest in such a right, or a controlling interest (directly or indirectly) in a company that holds a mining or prospecting right, without the minister’s written consent.
