SAIMM-Mining Charter 2017 Breakfast

Introduction

SAIMM-Mining Charter 2017

Breakfast discussion- its implications to the South African mining industry and various stakeholders

22 August 2017 at 08:00–12:00

The Minerals and Petroleum Resources Development Act (MPRDA) was promulgated in 2004. The MPRDA regulates the prospecting for, and optimal exploitation, processing and utilisation of minerals, provides for safety and health in the mining industry, and controls the rehabilitation of land disturbed by exploration and mining in South Africa.

The Act‘s main objectives are to:

• Recognise State custodianship of all mineral resources within the Republic of South Africa,
• Promote equitable access to the nation’s mineral resources, especially among historically disadvantaged South Africans,
• Promote investment, growth and employment in the minerals industry thus contributing to the country’s economic welfare,
• Provide for security of tenure in respect of existing prospecting and mining operations,
• Give effect to section 24 of the Constitution by ensuring that the nation’s mineral resources are developed in an orderly and ecologically sustainable manner, and
• Ensure that holders of mining rights contribute towards the socio-economic development of the areas in which they are operating

Recognising State custodianship of natural resources has brought South Africa in line with other major mineral producing countries of the world. While mineral potential is obviously a very important consideration in attracting the mining investments, the impact of government policies can be significant. The number of changes to South Africa‘s mining laws over the last 20 years is staggering, for example, on the 8th of December 2014, changes were gazetted to the National Environmental Management Act, 1988 (NEMA) Environmental Impact Assessment (EIA) regulations, the long awaited changes to the Minerals and Petroleum Resources Development Act, 2002 (MPRDA) were referred back to Parliament on the 16th of January 2015.

The Mining Charter as well as section 100 of the MPRDA, established the basis to review the Charter and its anchor legislation. On the 12th of June 2017, the Department of Mineral Resources (DMR) released the 3rd revised Mining Charter.