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The report provides an overview of the background and the current status of Mining Industry in the South Africa. Regulations and significance of the mining sector in South Africa are also discussed. It outlines Regulations, procedure for various permits and Licenses, key emerging issues in the mining sector in South Africa and progress made towards implementing miningrelated commitments in the above areas. Furthermore, it identifies implementation challenges and constraints and proposes recommendations, including policy measures needed to accelerate implementation.
Contents
Abstract ....................................................................................................................................................................................... 1 INTRODUCTION ....................................................................................................................................................................... 4 SOUTH AFRICA MINING: TREND AND OPPORTUNITIES ....................................................................................... 5 Political And Economic Transformation ................................................................................................................... 5 Royalties ................................................................................................................................................................................. 6 Positive Developments ..................................................................................................................................................... 6 POLICY AND INITIATIVES ................................................................................................................................................... 9 MINERAL AND ENVIRONMENTAL REGULATION ................................................................................................... 12 Transferability and encumbrance of prospecting rights and mining rights ............................................ 12 Application for reconnaissance permission .......................................................................................................... 12 Issuing and duration of reconnaissance permission ......................................................................................... 13 Rights and obligations of holder of reconnaissance permission .................................................................. 13 Application for prospecting right............................................................................................................................... 13 Granting and duration of prospecting right........................................................................................................... 14 Application for renewal of prospecting right ........................................................................................................ 15 Rights and obligations of holder of prospecting right ....................................................................................... 15 Permission to remove and dispose of minerals ................................................................................................... 16 Information and data in respect of reconnaissance and prospecting ......................................................... 16 Application for mining right ......................................................................................................................................... 16 Granting and duration of mining right..................................................................................................................... 17 Application for renewal of mining right .................................................................................................................. 17 Rights and obligations of holder of mining right ................................................................................................. 18 Mineral beneficiation ...................................................................................................................................................... 19 Application for, issuing and duration of mining permit ................................................................................... 19 Information and data in respect of mining or processing of minerals ....................................................... 20 Application for retention permit ................................................................................................................................ 20 Issuing and duration of retention permit ............................................................................................................... 20 Refusal of application for retention permit ........................................................................................................... 21 Application for renewal of retention permit ......................................................................................................... 21 Rights and obligations of holder of retention permit ........................................................................................ 21 Retention permit not transferable............................................................................................................................. 22 Environmental management principles .................................................................................................................. 22 Integrated environmental management and responsibility to remedy..................................................... 22 Environmental management programme and environmental management plan................................ 23
Financial provision for remediation of environmental damage ................................................................... 24 Management of residue stockpiles and residue deposits ................................................................................ 24 Issuing of a closure certificate ..................................................................................................................................... 25 Removal of buildings, structures and other objects ........................................................................................... 25 Restriction or prohibition of prospecting and mining on certain land ...................................................... 26 Minister's power to prohibit or restrict prospecting or mining ................................................................... 26 Minister may investigate occurrence, nature and extent of mineral resources ..................................... 26 Optimal mining of mineral resources....................................................................................................................... 27 Notice of profitability and curtailment of mining operations affecting employment .......................... 28 Use of land surface rights contrary to objects of Act ......................................................................................... 28 Compensation payable under certain circumstances........................................................................................ 29 Minister's power to expropriate property for purpose of prospecting or mining ................................ 30 Lapsing of right, permit, permission and licence ................................................................................................ 30 Water USE License ................................................................................................................................................................ 31
INTRODUCTION
South Africa Mining Industry primarily covers the area of activities from extraction of minerals like gold, platinum, chromium, diamonds, vanadium, manganese, uranium, iron ore to trading with foreign countries. The rich abundance of mineral resources enable South Africa as one of the leading mineral exporters in the world. South Africa mining industry basically depends on gold and diamonds. Lots of companies are engaged with the production and supply of raw minerals and their finished products. With Citibank estimating in 2010 that South Africa had R2.5 trillion worth of mineral reserves, it is clear that the mining industry is crucial in the war against poverty and underdevelopment in South Africa. The Mineral Policy and Promotion Branch of the Department of Mineral Resources is responsible for formulating and promoting mineralrelated policies that will encourage investment in the mining and minerals industry, making South Africa attractive to investors. South African Government is trying to promote this mining industry through several incentive programmes. The government is also supporting the small mining companies and creating employment opportunities. Use of modern technologies and research work are also taking a major role in promoting South Africa mining industry. Some essential components of South Africa mining industry are water resources, mine workers, electricity and facility of transportation. For example, an average of 3 tons of gold ore, approx. 5000 litres of water and 600 KWH of electricity is required to produce one ounce of gold. Over the last few years, the price of gold has dropped continuously. The main reason is the reduced demand for gold on the world market, because fewer currencies are being backed up by gold reserves. Also, competition from Russia and Australia puts pressure on the gold price, because their gold mining is easier and cheaper. In this report current scenario of Mining Industry, various Permits and licenses those are required to commence mining activity along with the procedure for application regarding required permits and licenses are discussed.
Empowerment provisions, applied also to other industrial and commercial sectors by different legislative enactments, are fundamental to doing business in contemporary South Africa The natural consequence of the empowerment enactments over the last three years resulted in conclusion of over US$ 10 billion Black Economic Empowerment deals and the emergence of some big mining companies that are managed, run and substantially owned by black South Africans. These deals are concluded on a willing sellerwilling buyer basis at market determined prices and have helped unlock value and have been positive for the mining sector. Empowerment has also created investment opportunities which have led to joint ventures between local empowerment companies and both domestic and foreignowned organisations.
Royalties
The proposed introduction of a mining industry system of royalties is an important development from an investment perspective. Clearly, the Chamber of Mines of South Africa would prefer to have no stateimposed royalty regime but it does recognize Governments right to impose royalties on the exploitation of nonrenewable mineral resources. The mining industry, through the Chamber, has submitted detailed comments to Government on the new royalty proposals. In these comments the Chamber welcomes significant improvements that are contained in the second draft of the Royalties Bill. The proposed royalty on most commodities has been reduced. It stresses the industrys conviction that a net based system, rather than a revenuebased regime, will better serve the economic interests of the country. It opposes the proposed twotier system of royalties because: A higher penalty rate for primary exports would significantly undermine the competitiveness of certain commodities (iron ore, coal, manganese, with minimal downstream benefit) Rather than penalizing mining, the focus should be on creating a competitive environment that attracts manufacturing companies committed to downstream beneficiation. Engagements between the mining industry and Government on the proposed royalty legislation are ongoing and, at this time, there is no positive indication on when it is likely to be promulgated. It is believed that the royalty system that will emerge will not be unreasonably punitive. It must attract manufacturing companies to invest in South Africas downstream mining sector.
Positive Developments
Focus on some positive developments that have taken place. (a) The most significant recent event and one that will encourage the critical elements of confidence and stability in South Africas mining industry, was Governments agreement to a Chamber of Mines request to amend the MPRDA, and accompanying regulations, in a manner that has averted the very real possibility of mining companies lodging claims for compensation for rights that could have been expropriated by operation of the Act. (b) With the introduction of the Act on 1 May 2004, all mining rights previously owned by mining companies were transferred into the custodianship of the State.
(c) Mining companies are obliged to apply for the conversion of old rights into new order rights and were given a period of three years, which expired on 30 April 2007, to lodge claims for compensation for expropriated rights. (d) The amendment to the Act will extend to 2011 the deadline for companies to lodge compensation claims, a significantly improved option in the sense that by 2011 there will be far greater clarity for companies to determine whether or not they have incurred losses directly attributable to the introduction of the MPRDA. (e) Governments decision to amend the Act is welcomed by the Chamber which has consistently held the view that the possible institution of large compensation claims by mining companies would negatively impact on investor confidence in the mining industry. (f) An additional positive step that has been taken includes a R415 billion Government investment programme that signifies a commitment to reduce bottlenecks in ports, rail, water, roads, etc over the 3year Medium Term Expenditure Framework. About R210 billion of this expenditure is earmarked for transport and electricity generation and distribution improvements both critically important areas for the business of mining. (g) In cooperation with platinum mining members of the Chamber, Government will proceed with the construction of the R5.4billion De Hoop Dam project on the Steelpoort River in the countrys North West Province a traditionally waterdeprived region. (h) When completed, the De Hoop Dam will deliver an essential resource to exciting new platinum mining ventures along the Eastern limb of the world famous Bushveld Igneous Complex. (i) Already by a considerable margin the worlds biggest producer of PGMs, the South African platinum mining sector, with the development potential to be unleashed on completion of the De Hoop Dam project, will be well positioned to meet any increasing demands for PGMs from both the domestic and international markets and this constitutes a positive contribution to the secure supply of raw materials. (j) Additional encouraging developments include the establishment of a high level leadership forum, embracing all stakeholders, whose task is to put in place mechanisms necessary for the maintenance of the countrys comparative advantage and building of its competitive advantages. (k) Investment and mining production started recovering in the second half of 2006 (investment picked up by more than 7 per cent) (l) Agreements have been signed with transport authorities for upgrades of the dedicated coal export railway line to Richards Bay and the iron ore export rail link from the town of Sishen to Saldanah Bay (m) Capacity expansion of the Richards Bay Coal Terminal has been approved (n) In recent months around 2 500 new prospecting permits have been granted. (o) About 350 mining rights have also been granted (p) There is a new commitment to transparency by the Department of Minerals and Energy on progress with applications (q) The Chamber of Mines and the Department are constructively engaged on problems related to environmental licensing (r) Exploration expenditure in South Africa in 2006 increased to levels similar to those elsewhere in the world (s) Consideration is being given to the introduction of a flowthrough share system to increase the availability of venture capital for exploration purposes. Mining industry stakeholders in South Africa are acutely aware of the fact that a competitive, stable and predictable mining environment is critical to attracting investment into the business of mining.
So too is the existence of a transparent mining industry taxation regime a system that South Africa enjoys and which compares favourably with those in other major mineral producing countries. For foreign companies involved in mining in South Africa there are no prohibitions or restrictions on the repatriation of profits. I addition, prudent macroeconomic management has improved the ability of the economy to handle exogenous shocks. With our countrys policy reform process substantially concluded and a clear willingness by all interested parties to confront and resolve all of the challenges, it is my categorical contention that the prospects for increased mining sector investment in South Africa are particularly encouraging
The first mandate of Migdett was successfully concluded in September 2009, with job losses contained to less than 40 000, against original projections in excess of 100 000 job losses in the first year of the global economic crisis. During the course of its second mandate, which started during the latter part of 2009, Migdett identified two major attributes that will position South Africas mining industry along a sustainable growth path, promoting competitiveness and transformation. To this extent, Migdett established two working groups, chaired by the Chamber of Mines and South African Mining Development Association, respectively. This pro cess recognised that the department had previously dealt with competitiveness and transformation of the mining industry as mutually exclusive and Migdett was specifically tasked to emphasise the symbiotic relationship and mutually reinforcing nature of these attributes.
The second phase of the Migdett process culminated in the signing of the declaration on the Strategy for Sustainable Growth and Meaningful Transformation of South Africas Mining Industry on 30 June 2010. All stakeholders represented in Migdett signed the declaration document. The relevant transformation aspects of the declaration document were effectively migrated to constitute the bulk of the mendments of the Mining Charter. In essence, the revised Mining Charter is located within the broader context of the Strategy for Sustainable Growth and Meaningful Transformation of South Africas Mining Industry. The Codes of Good Practice and the Housing and Living Conditions Standards for the Mineral Industry were gazetted in April 2009. The promulgation of the MPRDA, 2002 led to an increase in the number of new entrants in the mining space, seen by the increase in BEE companies mining coal, which were then unable to export their goods due to insufficient rail and port facilities. The Department of Mineral Resources established the Coal Industry Task Team to facilitate access to new coalexport facilities for junior coalmining companies, and by August 2010 stakeholders had collectively secured four million tons (Mt) export capacity dedicated to these companies. The enabling environment has led to a further increase in the number of new entrants, requiring a significantly larger proportion of access to these facilities. The department continues to engage all stakeholders to seek supplementary solutions. The Geoscience Amendment Bill, which aims to align the Geoscience Act, 1993 (Act 100 of 1993), with the MPRDA, 2002 and expand the functions of the Council for Geoscience (CGS) has been gazetted and will be reintroduced to Parliament. The Bill seeks to: Mandate the CGS to be the custodians and curators of geotechnical information, to be a national mandatory advisory authority in respect of geohazards related to infrastructure development, to undertake exploration and prospecting research in the mineral and petroleum sectors and to add to the functions of the council Put mechanisms in place to address problems associated with infrastructure development on dolomitic land Empower the CGS to be the custodian of all geotechnical data to compile a complete geotechnical risk profile of the country Enable the CGS to become the custodian of technical information relating to exploration and mining.
The Department of Mineral Resources, in conjunction with other key departments as well as relevant stateowned enterprises, launched the Beneficiation Strategy in March 2009, after approval was granted by Cabinet for the strategy to be circulated for broader consultation. Once comments are incorporated into the strategy, it will be sent to Cabinet for approval as a policy position for the country. The Beneficiation Strategy provides for a framework within which South Africa is able to implement orderly development of the countrys mineral value chains to leverage benefit from inherent comparative and competitive advantage, transformation and diversification of the economy as well as incremental gross domestic product (GDP) growth. The strategy is intended to support national programmes such as the National Industrial Policy Framework. South African mining law requires the following of the holder of a reconnaissance permission, prospecting right, mining right, mining permit, or retention permit: Must consider, investigate, assess, and communicate the impact of prospecting and mining on the environment
Must manage all environmental impacts in accordance with the environmental management plan or approved environmental management programme Must, as far as it is reasonably practicable, rehabilitate the environment affected by the prospecting or mining operations to its natural or predetermined state or to a land use which conforms to the generally accepted principle of sustainable development Must be responsible for any environmental damage, pollution or ecological degradation as a result of the reconnaissance prospecting or mining operations and which may occur inside and outside the boundaries of the area to which such right, permit or permission relates Must have made prescribed financial provisions for the rehabilitation or management of negative environmental impacts before the Minister approves the environmental management plan The relevant permits relating to mining, water management, and ARD are as follows: A mining permit A water use authorisation An approved environmental impact assessment In terms of ARD, the studies in support of the applications for environmental and waterrelated authorizations will include the following: The identification of all potential impacts from the mining operation The assessment of these potential impacts in terms of the source of the impact, potential pathways, and potential impact on the receiving water body The South African Department of Water Affairs and Forestry (DWAF) has published a series of best practice guidelines for water management at mines (DWAF, 2006, 2007). Most of these guidelines provide guidance on pollution prevention and minimization of impacts, and best management practice relating to general and specific mining activities that is directly applicable to ARD. A specific guideline on impact prediction which relates to ARD will be developed in 2009. These best practice guidelines offer valuable how to guidance on the management and prediction of ARD. Although these have been developed specifically for the South African mining environment, these guidelines may be useful to mining companies dealing with ARD elsewhere.
b. any other financial institution approved for that purpose by the Registrar of Banks referred to in the Banks Act, 1990 (Act 94 of 1990), on request by the Minister, if the bank or financial institution in question undertakes in writing that any sale in execution or any other disposal pursuant to the foreclosure of the mortgage will be subject to the consent in terms of subsection (1). 4. Any transfer, cession, letting, subletting, alienation, encumbrance by mortgage or variation of a prospecting right or mining right, as the case may be, contemplated in this section must be lodged for registration at the Mining Titles Office within 30 days of the relevant action.
The Regional Manager will accept an application for a reconnaissance permission if 1. The requirements contemplated in subsection (1) are met; and 2. No person holds a prospecting right, mining right, mining permit or retention permit for the same mineral and land. If the application does not comply with the requirements of this section, the Regional Manager must notify the applicant in writing of that fact within 14 days of receipt of the application and return the application to the applicant.
If the application does not comply with the requirements of this section, the Regional Manager will notify the applicant in writing of that fact within 14 days of receipt of the application and return the application to the applicant. If the Regional Manager accepts the application, the Regional Manager must, within 14 days from the date of acceptance, notify the applicant in writing to submit an environmental management plan and to notify in writing and consult with the land owner or lawful occupier and any other affected party and submit the result of the consultation within 30 days from the date of the notice. Upon receipt of the information referred to in subsection (4) (a) and (b)(of MPRDA act ), the Regional Manager must forward the application to the Minister for consideration. The Minister may by notice in the Gazette invite applications for prospecting rights in respect of any land, and may specify in such notice the period within which any application may be lodged and the terms and conditions subject to which such rights may be granted.
If the Minister refuses to grant a prospecting right, the Minister must, within 30 days of the decision, in writing notify the applicant of the decision with reasons. The Minister may, having regard to the type of mineral concerned and the extent of the proposed prospecting project, request the applicant to give effect to the object referred to in section 2 (d). The granting of a prospecting right in terms of subsection (1) becomes effective on the date on which the environmental management programme is approved in terms of section 39. A prospecting right is subject to this Act, any other relevant law and the terms and conditions stipulated in the right and is valid for the period specified in the right, which period may not exceed five years.
(ii)
is renewed
b) Commence with prospecting activities within 120 days from the date on which the prospecting right becomes effective or such an extended period as the Minister may authorise; c) Continuously and actively conduct prospecting operations in accordance with the prospecting work programme; d) Comply with the terms and conditions of the prospecting right, relevant provisions of this Act and any other relevant law; e) Comply with the requirements of the approved environmental management programme; f) Pay the prescribed prospecting fees to the State; and g) Pay the State royalties in respect of any mineral removed and disposed of during the course of prospecting operations.
Manager must, within 14 days from the date of acceptance, notify the applicant in writing to conduct an environmental impact assessment and submit an environmental management programme for approval and to notify and consult with interested and affected parties within 180 days from the date of the notice. The Minister may by notice in the Gazette invite applications for mining rights in respect of any land, and may specify in such notice the period within which any application may be lodged and the terms and conditions subject to which such rights may be granted.
An application for renewal of a mining right must state the reasons and the period for which the renewal is required be accompanied by a report reflecting the extent of compliance with the requirements of the approved environmental management programme, the rehabilitation to be completed and the estimated cost thereof and include a detailed mining work programme for the renewal period. The Minister must grant the renewal of a mining right if the application complies with subsections (1) and (2) and the holder of the mining right has complied with the a) Terms and conditions of the mining right and is not in contravention of any relevant provision of the Act or any other law; b) The mining work programme; c) Requirements of the prescribed social and labour plan; and d) Requirements of the approved environmental management programme. A mining right may be renewed for further periods, each of which may not exceed 30 years at time. A mining right in respect of which an application for renewal has been lodged shall despite its expiry date remain in force until such time as such application has been granted or refused.
Mineral beneficiation
The Minister may initiate or prescribe incentives to promote the beneficiation of minerals in the Republic. If the Minister, acting on advice of the Board and after consultation with the Minister of Trade and Industry,finds that a particular mineral can be beneficiated economically in the Republic, the Minister may promote such beneficiation subject to such terms and conditions as the Minister may determine. Any person who intends to beneficiate any mineral mined in the Republic outside the Republic may only do so after written notice and in consultation with the Minister.
d. May mine, for his or her own account on or under that mining area for the mineral for which such permit relates. A mining permit is valid for the period specified in the permit, which may not exceed a period of two years, and may be renewed for three periods each of which may not exceed one year, it may not be transferred, ceded, let, sublet, alienated or disposed of, in any way whatsoever, but may be encumbered or mortgaged only for the purpose of funding or financing of the mining project in question with the Minister's consent.
A retention permit issued under subsection (1) suspends the terms and conditions of the prospecting right held in respect of the land to which the retention permit relates and if the prospecting period has not expired, the duration of the prospecting right in question runs concurrently with that of the retention permit besides this the holder must also have the environmental management programme approved in respect of the prospecting right remains in force as if the prospecting right had not lapsed. A retention permit is valid for the period specified in the permit, which period may not exceed three years.
2. submit a six monthly progress report to the Regional Manager indicating a. The prevailing market conditions, the effect thereof and the need to hold such retention permit over the mineral and land in question; and b. Efforts undertaken by such holder to ensure that mining operations commence before the expiry period referred to in section 32 (4) or 34 (3), as the case may be.
5. Is responsible for any environmental damage, pollution or ecological degradation as a result of his or her reconnaissance prospecting or mining operations and which may occur inside and outside the boundaries of the area to which such right, permit or permission relates. Notwithstanding the Companies Act, 1973 (Act 61 of 1973), or the Close Corporations Act, 1984 (Act 69 of 1984), the directors of a company or members of a close corporation are jointly and severally liable for any unacceptable negative impact on the environment, including damage, degradation or pollution advertently or inadvertently caused by the company or close corporation which they represent or represented.
c. Develop an environmental awareness plan describing the manner in which the applicant intends to inform his or her employees of any environmental risks which may result from their work and the manner in which the risks must be dealt with in order to avoid pollution or the degradation of the environment; and d. Describe the manner in which he or she intends to i. ii. iii. Modify, remedy, control or stop any action, activity or process which causes pollution or environmental degradation; Contain or remedy the cause of pollution or degradation and migration of pollutants; and Comply with any prescribed waste standard or management standards or practices.
Subject to paragraph (b), the Minister must, within 120 days from the lodgement of the environmental management programme or the environmental management plan, approve the same, if i. It complies with the requirements of subsection (3);
ii. iii.
The applicant has complied with section 41 (1); and The applicant has the capacity, or has provided for the capacity, to rehabilitate and manage negative impacts on the environment.
The Minister may not approve the environmental management programme or the environmental management plan unless he or she has considered i. ii. Any recommendation by the Regional Mining Development and Environmental Committee; and The comments of any State department charged with the administration of any law which relates to matters affecting the environment.
The Minister may call for additional information from the person contemplated in subsection (1) or (2) and may direct that the environmental management programme or environmental management plan in question be adjusted in such way as the Minister may require. The Minister may at any time after he or she has approved an environmental management programme or environmental management plan and after consultation with the holder of the reconnaissance permission, prospecting right, mining right or mining permit concerned, approve an amended environmental management plan or environmental management programme. For the purposes of paragraph (a), subsection (4) applies with the necessary changes. The provisions of subsection (3) (b) (ii) and the subsection (3) (c) do not apply to the applications for reconnaissance permissions, prospecting rights or mining permits.
An application for an closure certificate must be made to the Regional Manager in whose region the land in question is situated within 180 days of the occurrence of the lapsing, abandonment, cancellation, cessation, relinquishment or completion contemplated in subsection (3) and must be accompanied by the prescribed environmental risk report. No closure certificate may be issued unless the Chief Inspector and the Department of Water Affairs and Forestry have confirmed in writing that the provisions pertaining to health and safety and management of potential pollution to water resources have been addressed. When the Minister issues a certificate he or she must return such portion of the financial provision contemplated in section 41 as the Minister may deem appropriate to the holder of the prospecting right, mining right, retention permit or mining permit in question, but may retain any portion of such financial provision for latent and or residual environmental impact which may become known in the future.
The provision of subsection (1) does not apply to bona fide mining equipment, which may be removed.
A reconnaissance permission, prospecting right, mining right or mining permit may be issued in respect of the land contemplated in subsection (1) if the Minister is satisfied that a. Having regard to the sustainable development of the mineral resources involved and the national interest, it is desirable to issue it; b. The reconnaissance, prospecting or mining will take place within the framework of national environmental management policies, norms and standards; and c. The granting of such rights or permits will not detrimentally affect the interests of any holder of a prospecting right or mining right.
compensation must be fixed by arbitration in terms of the Arbitration Act, 1965 (Act 42 of 1965), or by a competent court. No investigation may be conducted under subsection (1) unless a. The Minister has published a notice in the Gazette i. ii. Indicating an intention to conduct the investigation; Inviting written comments on the proposed investigation, specifying an address to which and the date before which comments must be submitted; and Calling on the owner, occupier or person in control of such land to furnish the Minister with his or her particulars, if such owner, occupier or person is not known to the Minister;
iii.
b. The Minister has considered any comments received; and c. A period of 30 days has lapsed after the Minister published the notice. No person may for the purposes of an investigation contemplated in subsection (1) enter upon land unless the owner, occupier or person in control of such land has been notified in writing of the intention to enter and to conduct the investigation. If the owner, occupier or person in control of the land in question cannot be traced, a copy of the notice contemplated in paragraph (a) must be affixed at a prominent place on the land before the investigation may be conducted. Any investigation in terms of this section must be conducted in a manner which limits or prevents any detrimental effect to the land and the environment.
The Minister may, on the recommendation of the Board, lift the suspension of a mining right if the holder in question a. complies with the notice contemplated in subsection (3); or b. furnishes compelling reasons for the lifting of the suspension.
(a) by written notice served on the person concerned, notify the person of the allegation and of the Minister's intention to issue a directive to take corrective measures; (b) set out the measures to be taken in order to rectify the matter; and (c) offer that person the opportunity to respond within 30 days. After considering the results of the investigation contemplated in subsection (3), and any representations contemplated in subsection (4) (c), the Minister may direct the person concerned to take the necessary corrective measures within a period specified in the directive.
or to resolve the dispute is due to the fault of the holder of the reconnaissance permission, prospecting right, mining right or mining permit, the Regional Manager may in writing prohibit such holder from commencing or continuing with prospecting or mining operations on the land in question until such time as the dispute has been resolved by arbitration or by a competent court. The owner or lawful occupier of land on which reconnaissance, prospecting or mining operations will be conducted must notify the relevant Regional Manager if that owner or occupier has suffered or is likely to suffer any loss or damage as a result of the prospecting or mining operation, in which case this section applies with the changes required by the context.
1. Part 1 forms information on the water user and the property where the water use takes place. 2. Part 2 forms information about the water use. 3. Supplementary forms additional information that may be needed. One Part 1 form and one or more Part 2 forms must be completed to register a water use. The numbers of the various kinds of registration forms are provided below DW 756 DW 757 DW 758 : : : Individual Water Service Provider Company, Business or Partnership; National or Provincial
Government DW 759 DW 760 DW 761 DW 762 DW 763 DW 764 DW 765 : : : : : : : Water User Association Taking water from a water resource Storing water Storing water Dam Safety Registration Impeding or diverting the flow of water in a watercourse Engaging in a Stream Flow Reduction Activity Engaging in a controlled activity: Irrigation of any land with waste
or water containing waste generated through any industrial activity or by a waterwork DW 766 : Discharging waste or water containing waste into a water
resource through a pipe, canal, sewer, sea outfall or other conduit DW 767 : Disposing of waste in a manner which may detrimentally impact
on a water resource DW 780 : Disposing in any manner of water which contains waste from, or
which has been heated in, any industrial or power generation process DW 768 DW 805 : : Altering the bed, banks, course or characteristics of a watercourse Removing, discharging or disposing of water found underground if
it is necessary for the efficient continuation of an activity or for the safety of people DW 806 : Using water for recreational purposes
: : :
Property where water use occurs Details of property owner Compliance management information: Actual/Monitored Waste
Discharge Details applicable for sections 21 (f) and (h) DW 904 : Compliance management information: Actual/Monitored Waste
Discharge Details applicable for sections 21 (e) and (g) DW 905 : Supporting technical information for waste disposal facilities (21g
water uses) Both of the Forms will be analyzed by the Department of Water Affairs and Forestry and if they found them appropriate then will allot a license.