Mining law

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New Mining Charter – Are You ready?

The Department of Mineral Resources (“DMR”) has recently released an updated draft of the Reviewed Broad-Based Black-Economic Empowerment Charter for the South African Mining Industry, 2016 (“Reviewed Mining Charter”). The reviewed mining charter provides directives on how mines should transform in order to comply with the revised Broad-Based Black Economic Empowerment Act, No. 53 of […]

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Rezoning ruling highlights the importance of due diligence

In Maccsand v City of Cape Town (CCT 103/11) [2012] ZACC 7 and Minister for Mineral Resources v Swartland Municipality and Others (CCT 102/11) [2012] ZACC 8 (12 April 2012):   According to the press summary of this Constitutional Court judgement, in October 2007 the Minister for Mineral Resources granted Maccsand a mining permit in […]

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Are stockpiles (mine dumps) created prior to 2004 movables that can be sold?

According to Roman – Dutch law, the owner of immovable property would own the whole of the land, including the air space above the surface and everything below it. In terms of South African common law (which is based on Roman – Dutch law), transfer ownership is affected by way of an agreement of sale […]

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