MINING, ENERGY & NATURAL RESOURCES


Few industries have changed as dramatically as South Africa’s mining and energy sector. Once dominated by a handful of private mining companies, the sector has seen private ownership of mineral rights converted to state custodianship, a neworder licensing regime and black economic empowerment obligations imposed on local and foreign players.

These developments are provided for in the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) that came into effect on 1 May 2004, necessitating fundamental changes in the way mining companies operate in relation to ownership structures and the acquisition of rights to prospect and mine. The evolving regulatory landscape has not been without controversy and has resulted in a growing number of administrative disputes over the granting of prospecting and mining rights. In addition, mining and energy companies are subject to increasingly stringent environmental regulation, particularly around waste management and rehabilitation of the surface of the earth disturbed during prospecting and mining.

The Werksmans Mining, Energy & Natural Resources practice has a well established international network and extensive experience in structuring mining transactions to meet the requirements of the MPRDA. Mining clients include North American and Australian companies, as well as some of the major South African empowerment mining houses.

MINING, ENERGY & NATURAL RESOURCES SERVICES

  • Advice on the MPRDA\
  • Black economic empowerment legislation and regulation
  • Mergers and acquisitions 
  • Environmental law issues, including waste management 
  • Joint Venture and Pooling and Sharing agreements
  • Conversion of Prospecting and Mining Rights
  • Transfer of Prospecting and Mining Rights
  • Surface and Mining Rights
  • Mining and prospecting statutory and regulatory compliance
  • Processing and off-take agreements
  • Banking and finance
  • Litigation, arbitration and dispute resolution

Click here to download our Mining, Energy & Natural Resources practice area overview.