MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 28 OF 2002: PUBLICATION OF THE ARTISANAL AND SMALL SCALE-MINING POLICY 2022 FOR IMPLEMENTATION
Notice Title: Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”): Publication of the Artisanal and Small Scale-Mining Policy 2022 for Implementation
Government Notice: GN 1938 in GG 46124 on 30 March 2022
Commencing date: 30 March 2022.
The Minister of Mineral Resources and Energy (“the Minister”), published the Artisanal and Small-Scale Mining Policy, 2022 (“ASM Policy”) for implementation.
The ASM Policy offers the following definitions:
“Artisanal mining” means traditional and customary mining operations using traditional or customary ways and means. This includes the activities of individuals using mostly rudimentary mining methods, manual and rudimentary tools to access mineral ore, usually available on surface, or at shallow depths.
“Small scale mining” means a prospecting or mining operation which does not employ specialised prospecting, mechanised mining technologies, chemicals including mercury and cyanide or explosives; or the proposed prospecting or mining operations, do not involve an investment or expenditure which exceed such amount as may be prescribed.
The objective of the ASM Policy is to foster the creation of a formalised ASM Industry that can operate optimally in a sustainable manner while contributing to the economy in the form of taxes and royalties and through job creation, and for the elimination of illegal ASM operations.
The draft ASM Policy is arranged in 10 chapters which address the following thematic issues:
I. Definition of terms and objectives of the ASM Policy, 2020;
II. Differentiation of concepts;
III. Licensing regime and administration;
IV. Institutional and support mechanisms;
V. Taxation and royalty regime;
VI. Environmental, health, safety, and water use considerations;
VII. Government policy stance on illegal mining;
VIII. Reporting and accountability;
IX. Policy implementation, enforcement, monitoring and evaluation; and
X. Policy Review.
Under each chapter and theme, the Government’s policy proposals are clearly outlined.
For a copy of the Government Gazette Notice click here.
How to ensure compliance at my operations?
Persons carrying out artisanal or small-scale mining as defined must take note of the ASM Policy.
For assistance or queries please contact Jan Nel at jan@shangoni.co.za.
