South African Mining Legislation

  • The Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) is the relevant legislation.
  • Mining rights are valid for 30 years and renewable.
  • All mining rights applications require the following:
    • Mining Work Programme.
    • Environmental Management Programme.
    • Social and Labour Plan.
  • The MPRDA introduced a broad-based socio-economic charter for the industry – The Mining Charter.
  • The Mining Charter defines Historically Disadvantaged South Africans (HDSAs) as those disadvantaged by unfair discrimination before the Interim Constitution of the RSA came into operation in 1994.
  • The Mining Charter stipulates a framework, targets and timetables for HDSA ownership and affirmative employment action.
  • The ownership target for HDSAs via Black Economic Empowerment (BEE) is a minimum 26% equity stake in a mining business.
  • Compliance with the Mining Work Programme, the Environmental Management Programme, the Social and Labour Plan and the provisions of the Mining Charter is delivered via line management, advised by full-time, dedicated, in-house legal resources.