NSDV Law

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How to Keep an
Open Mine

Mining Law Specialists: Secure Your
Rights, Permits & Authorisations

CONTACT A LAWYER

How to Keep an Open Mine

Mining Law Specialists: Secure Your Rights, Permits & Authorisations

CONTACT A LAWYER

Did you know?

“When we say something is a canary in a coal mine, it means it is an early warning of danger. Not surprisingly, the origin of the expression is literal – canaries were historically used to test for carbon monoxide and other toxic gasses in underground mines.”

You may be sitting on a gold mine

but if you don’t have the correct mining permits, and applications, it’s bye bye canary. OK, maybe not so dramatic, but when it comes to mining law – the rights, permits and authorisations are the most important assets for a mining operation because without them, the mine cannot operate nor exist.

It is imperative that mines deal proactively with all things compliance, as opposed to dealing with such matters retrospectively or reactively. Trying to save on costs now for a Mineral Right Management solution, may result in a far worse situation in the future with possibly forced stoppages – which ultimately cost 3 or 4 times more.

We have extensive knowledge in this field and know the landscape well, plus its large corporates, junior and big players. We engage with government officials, unions and regulators on a constant basis and maintain our strong relationships.

We Dig Mining Law

From Junior Diggers to Global Giants, We've Got
You Covered

We represent all sizes of mining companies, from junior miners to international mining houses.

Our team collaborates extensively with regulatory bodies to achieve successful outcomes in appeals and various regulatory applications. And we maintain strong relationships with regulatory authorities – working with them on a daily basis to ensure matters are processed efficiently and effectively.

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Mining Contracts For a Solid
Start

Mining Contracts For a Solid Start

Protecting Deals from Risk to Reward

NSDV Law assists clients ensuring they are protected from various risks in all agreements, through the drafting of suspensive conditions, warranties and indemnities. Suspensive conditions often include the requirement of the other party to obtain the necessary authorisations, permits or consents under the MPRDA, NEMA, the NWA and other specific environmental management acts to protect the client against any liability in this respect, and ensure all activities are necessarily authorised.

Start
strong,
ore
else…

Mining Opinions We Don’t Mind

Mining Opinions We
Don’t Mind

Clear Guidance on Rights, Risks &
Regulations

Clear Guidance on Rights, Risks & Regulations

All aspects relating to mining where legal and/or regulatory requirements are needed, require a formal mining legal opinion.

The NSDV Law team assists with conducting due diligences on mining permits, prospecting rights and mining rights (including the associated environmental authorisations and approvals), for purposes of providing restructuring advice, determining feasibility of acquisitions and drafting of transaction agreements, advising clients relating to Black Economic Empowerment (BEE) requirements for mining right holders.

We advise various entities on legislative requirements and interpretational issues relating to all mining and environmental law, granted rights and/or authorisations, as well as notices and directives received from regulators, assisting clients in advising on resettlements and relocations.

Additionally, we are actively involved in advising on legislative development and contributing our expertise to shape a regulatory environment that benefits both the industry and its stakeholders.

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Mining Disputes We
Double Down On

From Overlapping Rights to
Courtroom Fights

The team generally resolves disputes through internal appeal procedures at the DMRE or, if possible, alternative dispute resolution mechanisms. The last resort is to approach the court.

Disputes include land ownership, breach of offtake and contractor agreements, overlapping rights and environmental disputes, as well as (as a final resort) initiating court procedures to compel regulatory bodies to perform their duties to obtain an outcome for our clients. We also review proceedings under the Promotion of Administrative Justice Act.

Mining Regulatory Advice
for Peace of Mind

Mining Regulatory Advice for Peace of Mind

Navigating Permits, Rights &
Compliance with Ease

We provide guidance on the MPRDA and its regulations, the Mine Health and Safety Act, 1996, and the Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018.

Our team handles the preparation and submission of applications under the MPRDA, including for various rights and permits, cession or transfer of a right, and the transfer of controlling interest. We also manage responses to directives and compliance notices, plus objections and appeals regarding decisions made by the DMRE. Additionally, we assist in securing the necessary environmental permits to lawfully commence mining or prospecting operations.

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Mining Law in Africa

Keeping you on Solid Ground

Together with our trusted local counsel, we keep a close eye on the legal and regulatory changes across Africa’s mining landscape, ensuring you stay ahead of evolving laws. We offer a personalised service, giving you direct access to your lead attorney. We help you navigate risks, seize new opportunities, and stay compliant – while providing high-quality, cost-effective legal support.

AFRICA PRACTICE

Mining services offered

Accordion Content

Accordion Content

  • Section 11 of the MPRDA for the transfer of a right or controlling shareholding in the holder of a right;
  • Section 16 of the MPRDA to apply for a prospecting right;
  • Section 18 of the MPRDA to apply for the renewal of a prospecting right;
  • Section 22 of the MPRDA to apply for a mining right;
  • Section 24 of the MPRDA to apply for the renewal of a mining right;
  • Section 102 of the MPRDA for the amendment of a right;
  • Section 43(2) of the MPRDA to transfer the environmental liability associated with a mining or prospecting right;
  • Section 52 of the MPRDA regarding the curtailment of mining operations impacting employment and assisting in engagements with relevant stakeholders arising from the section 52 MPRDA process;
  • Section 53 of the MPRDA to use the surface of land contrary to the objects thereof

Accordion Content

Accordion Content

  • Drafting and lodging applications for mining rights, mining permits and prospecting rights, in accordance with the provisions of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) and any ancillary applications relating thereto;

  • Attending to all notarial executions and registrations of rights (including new rights, cessions and transfers of rights and amendments of rights);

  • Providing advice in respect of suspension, cancellation or compliance notices issued in terms of section 47 or 93 of the MPRDA;

  • Assisting clients with access to land, including the procedures for obtaining access to land as contemplated in terms of section 5A and section 54 of the MPRDA;

  • Drafting statutory letters of appointment in respect of the Mine Health and Safety Act;

  • Obtaining urgent interdicts against persons who disrupt and or interfere with mining and / or prospecting activities;

  • Obtaining urgent interdicts against illegal miners;

  • Offtake Agreements, Joint Venture Agreements in respect of parties wishing to exploit a resource together, Sale of Mineral Rights Agreements, Sale of Shares Agreements, Contract Mining Agreements, Service Level Agreements in respect of contractors, relating to the operation of the mine, Land Use, Access and Compensation Agreements in respect of the use of a mining area that the mineral right holder is not the owner of, Sale of Mine Dump Agreements, Sale of Immovable Property Agreements, Co-Operation Agreements;

  • Due diligences on mining permits, prospecting rights and mining rights, for purposes of providing restructuring advice, determining feasibility of acquisitions and drafting of transaction agreements, advising clients relating to Black Economic Empowerment (“BEE”) requirements for mining right holders in terms of the Mining Charter, 2018, as well as the most effective and efficient way to structure transactions to ensure that they are BEE compliant, advising various entities on legislative requirements and interpretational issues relating to all mining and environmental law, granted rights and/or authorisations, as well as notices and directives received from regulators, assisting clients in advising on resettlement of communities, grave relocations, heritage studies, land claims, community and municipality engagement and developing permitting legal registers for mining clients.

  • Section 11 of the MPRDA for the transfer of a right or controlling shareholding in the holder of a right;
  • Section 16 of the MPRDA to apply for a prospecting right;
  • Section 18 of the MPRDA to apply for the renewal of a prospecting right;
  • Section 22 of the MPRDA to apply for a mining right;
  • Section 24 of the MPRDA to apply for the renewal of a mining right;
  • Section 102 of the MPRDA for the amendment of a right;
  • Section 43(2) of the MPRDA to transfer the environmental liability associated with a mining or prospecting right;
  • Section 52 of the MPRDA regarding the curtailment of mining operations impacting employment and assisting in engagements with relevant stakeholders arising from the section 52 MPRDA process;
  • Section 53 of the MPRDA to use the surface of land contrary to the objects thereof

  • Drafting and lodging applications for mining rights, mining permits and prospecting rights, in accordance with the provisions of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) and any ancillary applications relating thereto;

  • Attending to all notarial executions and registrations of rights (including new rights, cessions and transfers of rights and amendments of rights);

  • Providing advice in respect of suspension, cancellation or compliance notices issued in terms of section 47 or 93 of the MPRDA;

  • Assisting clients with access to land, including the procedures for obtaining access to land as contemplated in terms of section 5A and section 54 of the MPRDA;

  • Drafting statutory letters of appointment in respect of the Mine Health and Safety Act;

  • Obtaining urgent interdicts against persons who disrupt and or interfere with mining and / or prospecting activities;

  • Obtaining urgent interdicts against illegal miners;

  • Offtake Agreements, Joint Venture Agreements in respect of parties wishing to exploit a resource together, Sale of Mineral Rights Agreements, Sale of Shares Agreements, Contract Mining Agreements, Service Level Agreements in respect of contractors, relating to the operation of the mine, Land Use, Access and Compensation Agreements in respect of the use of a mining area that the mineral right holder is not the owner of, Sale of Mine Dump Agreements, Sale of Immovable Property Agreements, Co-Operation Agreements;

  • Due diligences on mining permits, prospecting rights and mining rights, for purposes of providing restructuring advice, determining feasibility of acquisitions and drafting of transaction agreements, advising clients relating to Black Economic Empowerment (“BEE”) requirements for mining right holders in terms of the Mining Charter, 2018, as well as the most effective and efficient way to structure transactions to ensure that they are BEE compliant, advising various entities on legislative requirements and interpretational issues relating to all mining and environmental law, granted rights and/or authorisations, as well as notices and directives received from regulators, assisting clients in advising on resettlement of communities, grave relocations, heritage studies, land claims, community and municipality engagement and developing permitting legal registers for mining clients.

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Typical Compliance
Challenges

  • Ensuring compliance with the conditions of licenses and permits i.e., ensuring ‘security of tenure’.
  • Tracking of multiple reporting obligations.
  • Ensuring timeous submissions of applications and reports.
  • Responding to, and resolving, directives and compliance notices.
  • Correspondence with regulators.
  • Managing the relationship with regulators.
  • Dealing with competing rights and/or administrative errors.
  • Document management.

The solution – NSDV’s
Mineral Right Management

The Solution –
NSDV’s Mineral
Right Management

  • A fully outsourced expert legal and compliance mineral right management offering with continued support services.
  • Coordinating timeous and accurate reporting to all regulatory authorities.
  • Assessing and managing legal and compliance risks.
  • Actively managing relationships with regulators and external consultants.
  • Securing timeous approval of regulatory applications.
  • Full legal response to directives, regulatory appeals and administrative errors.
CONTACT A LAWYER
CONTACT A LAWYER

Mining Lawyers Who Dig
Their Heels In (or Oxfords)

Mining Lawyers Who Dig Their Heels In (or Oxfords)

Our NSDV Law team has extensive experience in the mining field, representing awide range of mining companies – from junior miners to major and international mining houses. We help protect against various risks, assist with licensing permits, compliance, and provide practical, legal advice tailored specifically to the mining industry.

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Lili Nupen

Co-Founder & Director:
Mining, Environmental
& Energy

Our award-winning Co-founder and Director, Lili, has a deep understanding of the South African mining industry and has worked on numerous transactions involving both international and local mining companies throughout South Africa, and Africa. She has extensive experience in the mining legal regulatory arena, and maintains close relationships with government, the private sector, and unions.

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Mandy Hattingh

Director:
Energy and Environmental

Mandy has experience in a wide range of matters across numerous sectors including energy, mining, oil, and gas – making her one of the most knowledgeable minds in the industry. She also has experience in occupational and mine health and safety, consumer protection, civil aviation, administrative, constitutional, and customary law.

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Muhammed Khan

Director:
Mining & Environmental

Muhammed has extensive experience advising clients on their rights and obligations under several pieces of legislation specifically impacting the mining and petroleum industries in South Africa. Moh, as he is affectionately known, combines his experience in regulation with negotiating, drafting and reviewing various complex commercial contracts.

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Minnette Le Roux

Head of Environmental Law and
Environmental Assessments
Practitioner

Minnette is a Principal Environmental Specialist and heads up the Environmental Department at NSDV.

In the 16 years over which she’s been working, Minnette has acquired more experience and recognition in the fields of environmental management and consultancy than many of her
contemporaries will enjoy in their lifetimes all of which she brings to bear in service of her clients, large or small.

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Methembeni Moyo

Head of Africa Practice &
Senior Mining & Construction
Lawyer

Mett is an experienced lawyer hailing from Zimbabwe, with extensive cross-border experience. Mett’s experience covers complex adjudications and arbitrations, negotiating commercial contracts in the mining sector, and advising clients on the acquisition and maintenance of mining and exploration rights.

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Luca Maraschin

Senior Associate:
Mining and Environmental

Luca Maraschin is a Senior Associate in NSDV’s Mining and Environmental Law Department. He has experience in a wide range of regulatory matters across several sectors, including mining, oil & gas, renewable energy, and conservation. When he’s not busy looking out for his clients, he’s chasing new horizons with his passion for off-road biking and adventuring across South Africa.

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Robin Van Wyk

Senior Associate:
Mining and Environmental

Robin is a Senior Associate in the Mining and Environmental Law team. She completed her BSocSc Law and LLB at the University of Cape Town, and is currently completing her LLM in Environmental Law at the University of Pretoria.

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Tamia Martin

Associate:
Mining and Environmental

Tamia is an Associate in the Mining and Environmental team. She provides support to the Mining team wherever possible – including conducting legal research and assisting with the registration of Mining Rights and prospecting right’s applications.

She completed her BA Law and LLB degree at the University of Cape Town and obtained her 400 notional hours of Practical Legal Training at the Illovo Paralegal Centre of Education in 2023.

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Trevana Moodley

Associate:
Mining and Environmental

Trevana is an Associate in the Mining and Environmental law team. She completed her BA Law and LLB at Wits, and due to her passion and interest in environmental law, completed her LLM in Environmental Law at UCT.

Trevana worked as an Executive Legal Assistant at a law firm during her final year of LLB and LLM where she obtained valuable practical experience in various fields of law.

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