This case was an investorstate arbitration in which foreign investors challenged in terms of international investment treaties, among other things, the effect of the new mining legislation the mineral and petroleum resources development act, 2002 and certain aspects of the policy on black economic empowerment pertaining to mining interests. Mining 2020 laws and regulations south africa iclg. Bancrofr, mining in northern rhodesia 2639 1961 dr. Mining historically, south africa has been a leading global supplier of minerals and mineral products.
South african mining law is regulated by the mineral. Mining in south africa mining of mineral resources. Investors in aggregate saw a decrease in dividends and market capitalisation after a cautiously optimistic view on a recovery last. Jul 24, 2018 this case was an investorstate arbitration in which foreign investors challenged in terms of international investment treaties, among other things, the effect of the new mining legislation the mineral and petroleum resources development act, 2002 and certain aspects of the policy on black economic empowerment pertaining to mining interests. Report on the implementation evaluation of the effectiveness. We have taken a snapshot view of several mining regions across africa and share some of what is happening with regard to policy, infrastructure and funding.
Certain aspects of the 2018 draft mining charter in south africa, in particular, the proposed. Unravelling safety compliance in the mining industry. The mineral revolution is a term used by historians to refer to the rapid industrialisation and economic changes which occurred in south africa from the 1870s onwards. Department of environmental affairs, department of mineral resources, chamber of mines, south african mining and biodiversity forum, and south african national biodiversity institute. The pathaut database was the primary and common data source used for identifying mine workers with occupational respiratory disease in all three mining sectors gold.
The british south africa company bsac or bsaco was chartered in 1889 following the amalgamation of cecil rhodes central search association and the londonbased exploring company ltd, which had originally competed to exploit the expected mineral wealth of mashonaland but united because of common economic interests and to secure british government backing. It is a followon from the state of mining in south africa. In this thesis, it is hypothesised that sand mining is subject to all three regulatory themes equally. Part of this fabric is the mineral and petroleum resources development act no.
The south african mining code mprda was constructed, amended, and will be further amended if current proposals are adopted, with the object of increasing government control over, and increased economic returns from, the mining sector. Occupational respiratory diseases in the south african mining. In seeking to attain transformation and empowerment objectives, south africa s mining legislation is based on a system of state custodianship of mineral resources, in which the state, acting through the minister of mineral resources and energy, issues different types of licences and rights to applicants on a first come, first served basis. In this act, unless the context otherwise indicates. The south african legislative frame viork for mine closure e. Section 35 of the diamonds act 56 of 1986 and s 11 of the mineral and petroleum resources development act 28 of 2002 mprda deal with similar scenarios that are becoming more prevalent as foreign conglomerates move to south africa. In seeking to attain transformation and empowerment objectives, south africas mining legislation is based on a system of state custodianship of mineral resources, in which the state, acting through the minister of mineral resources and energy, issues different types of licences and rights to applicants on a first come, first served basis. Cliffe dekker hofmeyr mining investment in south africa. Policy and regulatory framework for south africas mining.
The mineral revolution was largely driven by the need to create a permanent workforce to work in the mining industry, and saw south africa transformed from a patchwork of agrarian states to a unified, industrial nation. South africa has, and still is, relying heavily on mining activities to generate wealth that could be translated into economic development, infrastructure and employment. South africa is a world leader in the gold mining industry. South africa is also one of the most biologically diverse countries in the world and its. Legislation at that time primarily focused on surface. The south african legislative framework for mine closure. Assistance programme eap mainly in the south african mining industry. Everyone has the right to an environment that is not harmful to their health or wellbeing. Mining companies are still struggling to meet the 26% bee ownership deadline, required in terms of the mining charter, which passed on 31 december 2014. Mines and works act department of mineral resources. The law enforced a use it or lose it principle, stipulating that mining rights not used by mining companies to exploit minerals in the ground would revert back to the state. Early legislation focused on surface rehabilitation and the primary emphasis of mining was on its economic gains. Bancroft, a former professor of geology at mcgill university, discovered the bancroft mine.
The mineral resources sector is primarily regulated by statute and in terms. Mining health and safety in south africa is governed by act 29 of the 1996 mine health and safety act. Sand mining in south africa is controlled by a complex regulatory system that can be distilled into three main themes. We have been doing gold mining for more than a century and our mines are the deepest in the world.
Mine closure in south africa julie l mccourt chamber of mines of south africa p. Mining safety mining health and safety legislation in. We have established ourselves as a leading legal adviser within the mining industry in africa and offer a full complement of legal services in this sector. The mining, minerals and metals industry still faces. Acknowledging that south africas mineral and petroleum resources belong. Key considerations for possible optimisation of the legislation 18. Environmental legislation and water management issues during. As the long term demand for africas resources grows, we anticipate a growing demand for related legal services. Adopted by the african heads of state at the february 2009 african union summit, the africa mining vision outlines the continents long term and broad development objectives for africas mineral sector.
Mining is a very important economic activity in south africa. Until 2010 we were the leading producer of gold in the world. In this years edition of state of mining in africa in the spotlight, we take a further look at, and reflect back on, our observations to see how the broad industry is progressing. The researcher employed a phenomenological strategy within the exploratory study. South africas mining and environmental legislation must operate. Until the year 1812, three modes of tenure existed in the cape colony. The mineral revolution was largely driven by the need to create a permanent workforce to work in the mining industry, and saw south africa transformed from a patchwork of. Legislation at that time primarily focused on surface rehabilitation and the primary emphasis of.
Aug 16, 2012 the junior mining sector in south africa was born of new legislation in the form of the mining and petroleum resources development act of 2006. Before the promulgation of the mhsa, the safety of the south african mine workers was provided for in the mines and works act no. Occupational respiratory diseases in the south african. Mining in south africa mining of mineral resources siyavula. Iclg mining laws and regulations south africa covers common issues in mining laws and regulations including the mechanics of acquisition of rights, foreign ownership and indigenous ownership requirements and restrictions, processing, beneficiation in 28 jurisdictions. Precolonial mining in southern africa article pdf available in journal south african institute of mining and metallurgy 1001. Legal nature of prospecting right, mining right, exploration right or production. Mining companies operating within the south african environmental sphere have an obligation to adhere to the legal obligations, norms, standards, principles and guidelines as contained in south africas multifaceted network of environmental legislation. The year 2018 was an eventful year for the mining industry. For background on sustainable development as this relates to mining in south africa, please refer to section 2. The principal aim of any countrys mining legislation is to. Classification of smallscale mining activities in south africa 3 table 3. The main challenge faced by the women was lack of career advancement, followed by discrimination in decision making and in remuneration.
Synthesis report introduction when struggling to meet the resource needs of a growing population, it can be easy to overlook the role that mining can play in a nations longterm social and economic development. Iclg mining covers common issues in mining laws and regulations including the mechanics of acquisition of rights, foreign ownership and indigenous ownership requirements and restrictions, processing, beneficiation in 28 jurisdictions. We also follow case studies that, in our view, provide good examples that support our previous observations and suggest the potential for a. Thirdly, it might forge ahead heedless of evidence and warnings about its consequences. A strong focus on production characterises the mining industry.
It is important to be aware of the laws and regulations governing mining safety in south africa. The researcher used a qualitative approach in this applied research study. Mining legislation and mineral development in zambia muna ndulo. Mining companies operating within the south african environmental sphere have an obligation to adhere to the legal obligations, norms, standards, principles and guidelines as contained in south africa s multifaceted network of environmental legislation. We also follow case studies that, in our view, provide good examples that support. Mining law in south africa mining legislation mining. In november 1995 a discussion document on minerals and mining policy for south africa was published and extensive written comments were received. The south african legislative frame viork for mine. It currently comprises more than 105,000 autopsy records of miners from all population groups, all mining sectors, and all regions of south africa dating back 37 years to 1975. Investment laws in south africa foreign investors take note. Mining legislation and mineral development in zambia. The study revealed that women in south africas mining sector still face a number of workplace challenges that act as stumbling blocks in achieving gender equity despite the countrys progressive legislation.
This is curious, as industry stakeholders, including the chamber of mines, the south. Mining health and safety legislation in south africa. An analysis of the legislative framework concerning. The mandate given to the steering committee was to conduct an extensive consultative process to canvass stakeholder opinion for the preparation of a new minerals and mining policy for south africa. Cliffe dekker hofmeyr mining investment in south africa in. Preliminary study on artisanal and smallscale mining in. These high performance pressures and time constrains decrease the safety level of operations. Environmental legislation and water management issues. Theres never been a more pertinent time to reflect on the current landscape of the mining industry in south africa than now. Mining safety mining health and safety legislation in south. One area of mining sector investment in south africa that is set to grow is the anticipated increase in bee deals. Mine health and safety act, 1996 chapter 2 health and safety at mines.
Interventions to promote gender equality in the mining. This has been a recurrent theme in critiquing south african. A network of legislation exists in south africa that is geared towards sustainable development and the conservation and management of our countrys rich biodiversity. Criteria used to define artisanal and smallscale mining in africa 3 table 2. South africa in 2002, delegates from a number of countries recognized the challenges and opportunities related to mining and sustainable development, and highlighted these concepts. Opportunity lost or light at the end of the tunnel report released in february 20. The role of legislation and management standards article pdf available in sa journal of human resource management 7. The mine health and safety act mhsa, act 29 of 1996 was promulgated following the outcomes of the leon commission. Formal mining in south africa is more than 100 years old. Concerns were also expressed about the familiarity of the drafters with south african conditions.
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