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In terms of the MHSA, there are a number of statutory appointments that need to be made in order for the owners, employers, managers and employees of the mine to comply with health and safety obligations. 16.1      Are there any provisions in mining laws entitling the holder of a right to abandon it either totally or partially? In terms of the Charter, a holder of a mining right is required annually to report on its compliance, with the first submission due on 31 March 2020. For example, municipal by-laws are often promulgated to regulate noise, traffic and zoning in respect of land which falls within its geographical jurisdiction. The programme is managed by the European Commission, along with other organisations. The only exclusion is where the change in the controlling interest occurs in respect of a listed company. This date was subsequently extended as a result of the national State of Disaster declared in response to the COVID-19 outbreak. List (surname) Liszt (surname) Places. If an existing mining right holder, at any stage during the existence of the mining right, had a minimum 26% Black Economic Empowerment (“BEE”) shareholding, it will be recognised as compliant with the Charter for the remaining period of the mining right, alternatively until the mining right is renewed or transferred to a third party. There is a requirement, prior to being granted a mining or prospecting right, to provide sufficient financial provision to cover the costs of rehabilitation. Instead, it is envisioned that foreign investment will be protected and secured in terms of the Protection of Investment Act, 2015, which came into effect on 13 July 2018. Before a mining or prospecting right or reconnaissance permit is granted, the applicant has an obligation to consult with the landowner or lawful occupier. Therefore, any natural or juristic person may hold such rights. The Mineral and Petroleum Titles Registration Office is the central titles office which registers all mining rights, prospecting rights, amendments, cessions, and bonds relating to such rights. 5.2        Are there restrictions on the export of minerals and levies payable in respect thereof? During this first phase of the lockdown, only “essential mining” was permitted, whilst all other operations were placed in care and maintenance. covers common issues in mining laws and regulations – including the acquisition of rights, ownership requirements and restrictions, processing, transfer and encumbrance, environmental aspects, native title and land rights – in 15 jurisdictions. 15.1      Are there any local provincial or municipal laws that need to be taken account of by a mining company over and above National Legislation? In some partner countries, National Erasmus+ Offices assist in the implementation of Erasmus+. The legal system is based on the French civil law system with some features of British common law. 5.1        Are there special regulatory provisions relating to processing, refining and further beneficiation of mined minerals? Mining and prospecting rights may only be transferred with the written consent of the Minister. Upon closure, a portion of the financial provision may be retained by the Minister to cover latent and residual post-closure impacts. Like all South African companies, mining companies are subject to the provisions of the Income Tax Act, 1962. Since then, the restrictions were gradually lifted, and at present, all operations have been permitted to resume, provided that the mandatory Code of Practice on the Mitigation and Management of the COVID-19 Outbreak, prescribed by the Chief Inspector of Mines, has been adopted and implemented by the mine. The Treaty of the Southern African Development Community (“SADC”) should be taken into account, along with rules which contemplate exemptions from certain taxes to assist companies within South Africa. 12.2      Is there a system of appeals against administrative decisions in terms of the relevant mining legislation? The judiciary is nominally independent, but the branch falls under the Ministry of Justice, part of the executive. Where applicable, the common law may also apply. 9.2        What provisions need to be made for storage of tailings and other waste products and for the closure of mines? In terms of the Royalty Act, a person is required to pay a royalty for the benefit of the National Revenue Fund when a mineral (within South Africa) is “transferred”, which includes instances when the mineral is disposed of, stolen or lost. This financial provision must be assessed annually and, where necessary, increased by the holder. Spatial Planning and Land Use Management Act, 2013; NEMA and the specific environmental management Acts; 5% non-transferable carried interest to be held by the “host community”; 5% non-transferable carried interest to be held by “qualifying employees”; 20% effective ownership, in the form of shares, to be held by a BEE entrepreneur (5% of which must preferably be for women). Yes, provided that the holder of the right complies with the ownership requirements stipulated in terms of the Charter. An environmental authorisation is required in terms NEMA before the commencement of any prospecting or mining activities. South Africa is also the largest steel producer in Africa: it is responsible for more than half of the total crude steel production of the continent. A right granted in terms of the MPRDA may be varied, with the written consent of the Minister, in order to extend or reduce the area covered by it, or to include (or excise) any additional minerals or a share of seams covered by such right. Furthermore, the MPRDA contemplates that compensation may be payable to the landowner or lawful occupier of the land in question, in the event that he or she has suffered, or is likely to suffer, loss or damage as a result of the reconnaissance, prospecting or mining operations. 1.2        Which Government body/ies administer the mining industry? The mining industry is regulated predominantly by the MPRDA, with several additional pieces of legislation also finding application, such as the: In addition, the Constitution of the Republic of South Africa, 1996 (“Constitution”) is the supreme law of the country, and its principles guide the interpretation of the applicable legislation. The mining industry has implemented several changes to the status quo so as to comply with the Charter and the Regulations. Any breach of a duty contemplated in terms of the MHSA may attract criminal liability.

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