Mining and your Community: Know your Environmental Rights

The guide outlines the legal framework for mining in South Africa, emphasizing the rights of affected communities to information, a healthy environment, and consultation. It details the four primary government permissions required for mining—mining/prospecting rights, environmental management plans, water use licences, and environmental authorisations—and provides a roadmap for community members to object to applications, seek compensation, and report environmental crimes.

• Affected communities and individuals in South Africa have constitutional rights to just administrative action, access to information held by government and companies, and a healthy environment that does not harm their health or well-being.
• Mining companies are not required to obtain the consent of landowners or affected communities to be granted a mining or prospecting right, although they must consult them.
• To legally begin mining or prospecting, companies generally require four government permissions: a mining or prospecting right, an authorised environmental management programme or plan, a water use licence, and an environmental authorisation.
• Proper consultation requires that mining companies provide information about the proposed mining and its impacts, listen to concerns, and respond to objections; failure to do so can render the mining illegal.
• Landowners and lawful occupiers must be compensated for the loss of use of land or damage caused by mining, and on communal land, compensation must be paid to individual holders of informal rights rather than just leaders.
• Mining companies must prepare a social and labour plan that details available jobs, skill development, and contributions to the socio-economic development of the area or province.
• Communities can challenge government decisions to award mining licences through appeals to the Minister of Mineral Resources, the Minister of Water and Environmental Affairs, or the Water Tribunal, with specific timeframes ranging from 20 to 30 days.
• Operating without required permits, lying during the application process, or failing to adhere to environmental management programmes and social and labour plans are considered criminal offences under the MPRDA, NEMA, and NWA.

APA

Centre for Environmental Rights (n.d.). Mining and your Community: Know your Environmental Rights. https://cer.org.za/wp-content/uploads/2014/03/CER-Mining-and-your-Community-Final-web.pdf?x21779

Chicago

Centre for Environmental Rights. Mining and your Community: Know your Environmental Rights. n.d. https://cer.org.za/wp-content/uploads/2014/03/CER-Mining-and-your-Community-Final-web.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=Mining and your Community: Know your Environmental Rights |url=https://cer.org.za/wp-content/uploads/2014/03/CER-Mining-and-your-Community-Final-web.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndmining, author = {{Centre for Environmental Rights}}, title = {{Mining and your Community: Know your Environmental Rights}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2014/03/CER-Mining-and-your-Community-Final-web.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }