Description

A mining right is the permission granted by the State through the Department of Minerals and Energy which gives you the authority to mine minerals within a certain area.

A mining right may not exceed a period of 30 years.

A mining right is granted if:

• the mineral can be mined optimally
• the applicant has the funds and expertise to conduct the proposed mining operation optimally
• the financing plan is compatible with the intended miningoperation and for the duration thereof
• no unacceptable pollution or damage to the environment will occur as a result of the mining operation
• the applicant has made financial and other provisions for the prescribed social and labour plan
• the applicant is not contravening the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)
• the operation is in line with the Mining Charter.

Steps to follow

• Apply at the office of the Regional Manager of the Department of Minerals and Energy in the region in which the land is situated.
• Complete Form D: Application for a mining rights which is obtainable from the office of the Regional Manager. The form can also be downloaded from this page.
• Submit the form by hand or registered post to the Regional Manager in whose region the land is.
• The form should be accompanied by a non-refundable application fee as determined by the Regional Manager.
• If the Regional Manager accepts the application, within 14 days from the date of acceptance, you will be notified to submit an environmental management programme for approval.
• Notify and consult all interested and affected parties within 180 days from the date of the notice.

Legal framework

(Documents are provided in PDF format. To open PDF documents, you need to have Adobe Acrobat Reader 4 or higher installed on your computer.)

• Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002)
• Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002): Regulations to the Mineral and Petroleum Resources Development 

Service standard

• The Regional Manager will notify you in writing if the application has been accepted, this means your application complied with all the requirements within 14 days of receipt of the application and instruct you to consult with the landowner, the occupier of the land and all other affected parties.
• If the application is not successful the Regional Manager will return the application to you within 14 days.
• If the Minister refuses to grant a mining right, you will be informed in writing, within 30 days, stating the reasons for the refusal.

Cost

• The cost will be determined by the department and is non-refundable.
• The amount will differ according to the mineral that will be mined.

Forms to complete

(Forms are provided in PDF format. To open PDF documents, you need to have Adobe Acrobat Reader 4 or higher installed on your computer.)

Application for mining right, DME 276 (Form D, Annexure I)

Contact details