Farmers in Pongola, Maputaland, and surrounding areas are increasingly receiving documents about proposed prospecting or mining on (or near) their land. These often include:

• Basic Assessment Reports (BARs) or Environmental Impact Assessments (EIAs)
• Public participation notices
• Access request letters
• Proposed access agreements, servitudes, or surface use contracts
• Consultation forms or objection invitation letters

They frequently come with tight deadlines (often 30 days or less) and are described as "just preliminary" or "routine early-stage paperwork".

This is not routine, and early actions (or inaction) can affect your farm for decades.

Under South African law (mainly the Mineral and Petroleum Resources Development Act), prospecting or mining rights can be granted even if you object, but your early input is one of the strongest ways to protect your rights. What you do now can influence:

• Whether the application is granted,
• If granted, how the company gains access to your land
• Limits on where drilling, roads, or operations can happen
• Water usage and protection (boreholes, rivers, irrigation)
• Environmental conditions, rehabilitation requirements after operations, and who pays for damage or loss of grazing/cropping land
• Your ability to negotiate fair compensation for any surface disturbance or lost production

Common risks we see farmers face:

• Missing the chance to submit written objections or attend public meetings. This is often your best, and sometimes only, strong opportunity to raise site-specific concerns before decisions are made.
• Underestimating knock-on effects: dust/noise affecting livestock, restricted farm access, devalued land, or conflicts with your existing agricultural activities.

A strong, timely response, including written comments, objections, and participation in meetings, helps ensure proper assessment of impacts, clearer responsibilities for the company, and better protection of your farming operations. 

Do not sign or ignore anything until it has been properly reviewed.

Your farm is your livelihood. Let's safeguard it together.

Disclaimer: This article is the personal opinion/view of the author(s) and does not necessarily present the views of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever, and no action should be taken on the basis thereof unless its application and accuracy have been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken based on this content without further written confirmation by the author(s).