As a South African farmer, it’s important to know your rights when a mining company applies to prospect or mine on your land. Understanding the process is the first step to protecting your farm.

Who Owns the Minerals?

In South Africa, the government owns all mineral resources, even beneath privately owned land. Mining companies can apply to mine on your property, but they must follow a legal process.

The Prospecting and Mining Application Process.

It is important to note that these are two separate processes. A company must first apply for and obtain a prospecting permit before they can apply for a mining license.

Here’s a simple breakdown of the required steps:

• Public Notice – Mining companies must notify landowners via local newspapers, radio, and posters. Often, these notices are missed due to language barriers or limited reach.

• Formal Registration – To access full details of the mining application, you must register your interest with the applicant mining company, normally through an environmental practitioner appointed by the mining company.

• Assessment Report Review – Once registered, you’ll receive a detailed report to review. You typically have 30 days to respond. Weich & Kriel will carefully review the report for legal accuracy and ensure compliance with environmental laws, including international agreements about protected areas or shared water resources. We take pride in addressing each individual property to assess the potential risk and harm to the land owner, his farming operations, as well as the impact that it will have on the environment.

• Public Meetings – We represent you at public meetings to make sure your concerns are heard.

• The Final Decision – If the requirements are met, mining rights may be granted, even if you haven’t given consent. Should this happen, you have the right to appeal against the decision, which we also assist clients with.

It is very important not to ignore the public participation notices. Prospecting or mining can have a negative and potentially devastating impact on your farming operations, the environment, and even the value of your land.

Need Help to oppose a prospecting application?

As the largest law firm in Northern KZN, Weich & Kriel is dedicated to protecting the interests of farmers across Maputaland and the environment. Contact us