Modern Mining January 2025

Policy and regulation play an integral role in establishing the ground rules for a sector.

Upstream petroleum resources development act The MPRDA in its current form still regulates the upstream petroleum industry. On 29 October 2024, the President of South Africa assented to the Upstream Petroleum Resources Development Act 23 of 2024 (Upstream Act), which will regulate the upstream petroleum industry separately. The Upstream Act has not come into effect and will come into operation on a date fixed by the President by proclamation in the Gazette. The Upstream Act contains transitional provisions which will provide for security of tenure in respect of petroleum titles which have been applied for; and issued under the MPRDA. Mining cadastral system South Africa has lagged behind its African peers on implementing a modern, transparent cadastral system. The current SAMRAD system is largely unreliable, gives rise to issues of double grants, overlaps in mining titles; inevitable delays in commencing with projects and backlogs in applications. The DMRE has also confirmed that it has made strides towards the implementation of a mining cadastral system, which is long overdue. On 20 May, the SLA for the cadastral system was signed. The DMRE has indicated that it is currently in the design and development phase of the system and is working towards a roll-out of the project by June 2025. n

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experts in mining in Africa, entrusted by major local and international mining clients to service all their requirements across the continent by providing bespoke solutions to complicated problems. team, headed by Ntsiki Adonisi, has built a solid reputation over many years by handling large, complex mining and minerals transactions across Africa. • ENS also has a market • The dynamic mining

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include amendments to section 11 of the MPRDA, extension of the duration of mining permits, the regulation of historic dumps and section 43 of the MPRDA dealing with mine closure certificates. The DMRE presentation does not make reference to proposed changes to the MPRDA to deal with empowerment. Following the judgment in the matter between Minerals Council of South Africa v Minister of Mineral Resources and Others Case No: 20341/19), which held that the 2018 Mining Charter is a policy document and is not binding as law, the DMRE had indicated that it would not appeal the judgment but instead, would consider steps to achieve the empowerment objectives of the MPRDA through amendments to the MPRDA. At this stage, it is not clear whether the MPRDA Bill will have changes relating to empowerment. It therefore remains to be seen whether this will be housed in the MPRDA Bill.

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JANUARY 2025 | www.modernminingmagazine.co.za  MODERN MINING  57