South African mining law services and MPRDA compliance

The South African mining sector is governed primarily by the Mineral and Petroleum Resources Development Act (MPRDA), supported by health, safety and environmental legislation. The regulatory hurdles are technical and the cost of getting them wrong is high, which is why sector experience matters more here than in most areas of law.

Oupa Baloyi worked within the mining industry before practising law. That background lets us give advice that accounts for what happens on site, not only what the statute says.

MPRDA compliance and applications

Applications for prospecting and mining rights — we guide clients through lodging applications for new prospecting rights, mining rights and mining permits with the Department of Mineral Resources and Energy (DMRE).

Conversion of “old order” rights — applications to convert historical mining titles so that they align with the current legislative framework.

Ministerial consent (section 11 applications) — preparing and managing applications for ministerial consent under section 11 of the MPRDA, required for the transfer, cession or amendment of mining rights and interests.

Social and labour plan (SLP) advisory — developing and implementing the mandatory social and labour plans, and complying with the obligation to contribute to the socio-economic development of surrounding communities and labour-sending areas.

Health, safety and environment (HS&E) compliance

MHSA and OHSA — implementing mine health and safety measures in accordance with the Mines Health and Safety Act and the Occupational Health and Safety Act.

NEMA advisory — guidance on environmental authorisations, environmental impact assessments and management plans, so that operations meet environmental standards.

Statutory appointments — ensuring that all required statutory appointments are correctly made and legally compliant within mining operations.

Contracts, rights and dispute resolution

Contract management — pursuing, negotiating and managing mining contracts, including contractor agreements compliant with the MHSA, OHSA and the law of contract.

Surface and mineral rights advisory — negotiating with landowners and lawful occupiers for servitude rights of way, and advising on mineral and surface land use rights.

General advisory — legal opinions on the interpretation and application of the MPRDA and related national and international legislation.

Why our mining experience matters

Direct operational experience in the industry gives our clients commercially astute legal insight that goes beyond theory. We bridge the gap between what the regulator requires and what the operation can actually do, which is how you protect your licence to operate.