Understanding Mining Rights in South Africa

However, before you start mining, you need to apply for a mining license from the Department of Mineral Resources and Energy (DMRE).

The minister and DRME decide who is allowed to mine and where they are allowed to mine. Before any of the activities related to it can begin, a mine must get permission, a right, or a permit to carry out those activities.

In South Africa, the granting of rights and permits related to mining is governed by the Minerals and Petroleum Resources Development Act 28 of 2002 (MPRDA).

The difference between a mining permit and mining rights

Mining Permit: A mining permit allows a company or individual to mine a small area of land, not exceeding 1.5 ha, for up to two years.

Mining Right: A mining right grants a company or individual the right to mine for a specified period of up to 30 years.

Requirements for mining rights

Obtaining mining rights in South Africa involves a number of key requirements, such as:

Understand the Mining Legislation:

To start the application process in South Africa, it’s essential to understand the mining legislation, including the Mineral and Petroleum Resources Development Act (MPRDA) of 2002 and any other relevant laws and regulations.

Determining the type of mining license required:

South Africa provides mining licenses and rights for various minerals, requiring applications detailing the proposed project, minerals, concession area, and mining methods, along with relevant details about the proposed mining project.

Identify the minerals to be mined:

The application process for mining minerals is influenced by their specific requirements or regulations, which may vary depending on the specific minerals being mined.

Funding provisioning:

Financial provisions are necessary for environmental rehabilitation and mine closure, ensuring responsible mining activities and adequate funds for land restoration post-operation. These rights holders are responsible for ensuring the rehabilitation of their land.

A mining right is granted if:

How long does it take?

The regional manager will inform you if your application meets all requirements within 14 days and advise you to consult with the landowner, occupier, and other affected parties.

If unsuccessful, the manager will return the application within 14 days. If the minister refuses to grant a mining right, you will be informed in writing within 30 days, explaining the reasons.

Documents required to apply for mining rights:

Prescribed fee:

An amount of the R100 application fee is payable as specified in Regulation 75(1)(d) of the MPRDA.

How to apply:

Who to contact:

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