Mining Rights & Permits — questions
Mining rights and mining permits: frequently asked questions
A mining permit suits small areas of 5 hectares or less mineable within two years, while a mining right covers larger or longer projects and runs up to 30 years. Both are lodged through SAMRAD and require environmental authorisation.
What is the difference between a mining right and a mining permit?
A mining permit under section 27 is limited to 5 hectares and two years, renewable to five years. A mining right under section 22 has no area limit and runs up to 30 years.
How do I apply for a mining right in South Africa?
Applications are lodged electronically through SAMRAD, supported by a mining work programme, environmental authorisation, a social and labour plan and proof of financial and technical capability.
How long does it take to get a mining right?
Typically 14 to 24 months where the supporting file is ready, and 18 to 30 months where the resource statement and environmental work still need to be done.
How much does a mining right cost?
Our fixed fee starts from R225,000 with government fees included, rising for larger or contested mandates. Specialist studies are quoted separately.
Do I need a prospecting right before a mining right?
Not legally required, but a mining right needs a defined mineral resource, which in practice is established under a prior prospecting right.
What environmental approvals does mining need?
Environmental authorisation is required under NEMA and processed by the mineral resources regulator, alongside water use authorisation where relevant.
Can a mining permit be renewed?
Yes, up to three times of one year each, giving a maximum of five years, after which a full mining right would be required to continue.
What is a social and labour plan?
A binding statutory commitment on human resource development and local economic development, required for a mining right and required in lighter form for a mining permit.
What happens if I mine without a right or permit?
It is an offence under the MPRDA and can lead to prosecution, forfeiture of minerals extracted and compliance orders.
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Last reviewed: 2026-09-17
Written and reviewed by Dynamic Legal Services (Pty) Ltd, registration 2016/074955/07. Registered with the Department of Water and Sanitation, EAPASA applicant. Offices in Faerie Glen, Pretoria and Sandown, Sandton. Telephone 087 153 6207, support@dlegal.co.za. General information on South African regulatory practice, not advice on a specific matter — the first consultation is free.