NEW CHANGES TO MINING LAWS IN SA
DRAFT MINING BILL OUT FOR PUBLIC COMMENT
Minister for Mineral and Petroleum Resources has recently published the draft MINERAL RESOURCES DEVELOPMENT BILL, 2025 for public comment.
Interested parties may submit written representations on the draft bill by 13th August 2025 to Representations@dmre.gov.za
Some of the significant proposed changes to the current Act (apart from a range of new definitions), include:
PROHIBITIONS
Illegal prospecting and mining activities; Assistance in committing illegal prospecting & mining activities; and Possession and transportation of minerals without the prescribed documentation, have been added to the list of prohibited activities under s5A, 5B and 5C of the Act.
DESIGNATED AREAS FOR SMALL-SCALE & ARTISANAL MINING
Section 7A of the Act aims to empower the Minister to designate certain areas for black persons for small-scale and artisanal mining.
The Act also provides for the Application, issuing and duration of Small Scale & Artisanal Mining permits
REGIONAL MINING DEVELOPMENT & ENVIRONMENTAL COMMITTEE
Whilst the current Act makes reference to the Committee, Section 10A to 10G of the Amendment Act aims to formally establish the Regional Mining Development and Environmental Committee for each region and set in various control measures.
These committees will adjudicate objections against the granting of permits received under s10(2) of the Act, and will make recommendations to the Minister in terms of s54(5) of the Act.
The committees must consist of not more than 14 members appointed by the Minister, and must consist of people having expertise in mining and mine environmental management.
REFUSAL OF A PROSPECTING RIGHT
Under s17(2) a new ground for refusal of a prospecting right includes situations where the applicant submits inaccurate, incorrect or misleading information in support of an application.
HISTORIC RESIDUE STOCKPILES AND DEPOSITS
All historic stockpiles and deposits not regulated by the Act, belong to the owners and shall continue in force for a period of 2 years from the date of commencement of the Mineral and Petroleum Resources Development Amendment Act.
The holder of a right or permit who owns historic stockpiles or deposits located within a mining area, has an exclusive right to apply for an amendment of the mining works programme.
The owner of any historic stockpile or deposit located outside a mining area, has an exclusive right to apply for a mining right.
ENVIRONMENTAL LIABILITY & CLOSURE CERTIFICATES
Section 43(1A) provides that, despite the issuing of a closure certificate, the holder or owner of a right or permit remains liable for any latent or residual environmental liability, pollution, ecological degradation, the pumping and treatment of extraneous water which may become known in the future.
SAPS GIVEN POWERS UNDER THE ACT
Members of the South African Police Services are given the powers of an authorised person under s91 of the Act with respect to the powers to enter a prospecting area, mining area or retention area.
NEW PENALTIES ON CONVICTION OF AN OFFENCE
The Act proposes new changes to the fines payable on conviction by stipulating between 5 to 10 % of annual turnover in the Republic as well as exports from the Republic.
The draft MINERAL RESOURCES DEVELOPMENT BILL can be accessed HERE.
Thank you for sharing.
Interesting changes, especially the formal recognition of artisanal and small-scale mining areas. That, along with SAPS getting enforcement powers, feels like a real shift toward tightening oversight while trying to empower previously excluded groups.
Curious to see how it plays out in practice.