Which licence or authorisation does my project need?
It depends on what you are doing and where. Mining needs a permit or right under the MPRDA. Development needs environmental authorisation under NEMA. Water use needs authorisation under the National Water Act. Generation needs NERSA registration. Waste needs a NEMWA licence. Imports may need an ITAC permit. Four questions will point you to the right one.
What are you trying to do?
Pick the closest match — the next questions narrow it down.
How this is decided in law
South African regulatory approvals sit in separate statutes administered by different authorities, and most real projects need more than one. The starting question is not which form to complete but which statutes your activity triggers.
Mining and prospecting are authorised under the Mineral and Petroleum Resources Development Act 28 of 2002 by the mineral resources regulator. Areas of 5 hectares or less that can be mined within two years follow the mining permit route under section 27; everything else needs a mining right under section 22.
Development, clearing and infrastructure trigger the National Environmental Management Act 107 of 1998 and its EIA Regulations. Listing Notice 1 activities follow a Basic Assessment, Listing Notice 2 activities need Scoping and a full Environmental Impact Report, and Listing Notice 3 applies in geographically sensitive areas province by province.
Water use is regulated by the National Water Act 36 of 1998. The eleven water uses in section 21 cover abstraction, storage, stream flow reduction, discharge, disposal and altering a watercourse. Small uses fall under Schedule 1, mid-range uses under a General Authorisation with registration, and larger uses need a full water use licence.
Waste activities are listed in GN 921 under the National Environmental Management: Waste Act 59 of 2008, with Category A and Category B activities set by activity type and volume thresholds. Electricity generation is regulated by NERSA under the Electricity Regulation Act 4 of 2006, where facilities are exempt from licensing but must be registered.
Cross-border trade runs on two tracks: ITAC import and export permits under the International Trade Administration Act 71 of 2002, and customs registration and clearance under the Customs and Excise Act 91 of 1964. Used goods are controlled far more tightly than new goods.
The single most common and most expensive mistake is commencing before authorisation. Section 24F of NEMA makes it an offence, and section 24G rectification carries an administrative fine of up to R10 million on top of a slower, more expensive process.
The second most common is treating authorisations as sequential. A mining project needs a right, environmental authorisation, water use authorisation and often a waste licence. Scoping them together at the start means one integrated set of specialist studies instead of three overlapping ones, and it usually saves both months and money.
Every tool on this site gives you the full answer on screen, free, with no email required. If you want the reasoning and a fixed-fee quote in writing, you can ask for it after you have seen the result — never as a condition of seeing it.
| Activity | Authorisation | Statute | Our fixed fee |
|---|---|---|---|
| Mining up to 5 ha, under 2 years | Mining permit | MPRDA s27 | R225,000 – R385,000 |
| Mining over 5 ha or longer term | Mining right | MPRDA s22 | From R225,000 |
| Exploration | Prospecting right | MPRDA s16 | R145,000 – R235,000 |
| Development, clearing, infrastructure | Environmental authorisation | NEMA s24 | R145,000 – R650,000 |
| Already started without authorisation | Section 24G rectification | NEMA s24G | R95,000 – R450,000 plus fine |
| Water abstraction, storage or discharge | Registration or water use licence | NWA s21 | R65,000 – R385,000 |
| Waste handling, storage or treatment | Waste management licence | NEMWA s20, GN 921 | R180,000 – R420,000 |
| Electricity generation and wheeling | NERSA registration | ERA s7, Schedule 2 | R65,000 – R285,000 |
| Import or export of controlled goods | ITAC permit | ITA Act | R25,000 – R95,000 |
| Transfer or change of control of a right | Section 11 consent | MPRDA s11 | R185,000 – R320,000 |
The process, step by step
- 1Screen the activity
We identify every statute your project touches, not only the obvious one, using your site coordinates and technical description.
- 2Sequence the applications
Approvals that share specialist studies are scoped as one project so the same wetland or ecological study is not paid for three times.
- 3Fixed fee in writing
You get one fee per authorisation, agreed before work starts, with government application fees included.
- 4Build the file
Specialists appointed, technical reports compiled, and consultation run properly — this is where applications are won.
- 5Lodge and drive
We lodge, then manage the authority's queries actively so the statutory clock keeps running instead of stalling.
- 6Live with the conditions
Approval conditions become a monitoring, reporting and auditing schedule you can follow, so compliance does not become next year's problem.
Questions people ask
Which licence do I need to start mining in South Africa?
A mining permit if the area is 5 hectares or less and the resource can be mined within two years, otherwise a full mining right under section 22 of the MPRDA. Both need environmental authorisation as well.
Do I need environmental authorisation for my development?
If it triggers a listed activity in the NEMA EIA Regulations, yes. Footprint, activity type and site sensitivity all matter, and the listed activity screener gives you an indicative answer in minutes.
Can I apply for more than one authorisation at the same time?
Yes, and you should. Mining, environmental, water and waste applications share specialist studies, and running them together is faster and cheaper than doing them one after the other.
What happens if I started without authorisation?
You are exposed under section 24F of NEMA and need a section 24G rectification application, which carries an administrative fine of up to R10 million. Stop the activity and record the date immediately.
How long do South African regulatory approvals take?
From a few weeks for a registration to two years for a large mining right with a full EIA. Each tool on this site gives a realistic range for that specific authorisation rather than a best case.
Do your fees include government fees?
Yes. Our fees are fixed, agreed in writing before work starts, and include government application fees. Specialist studies are quoted separately and transparently.
Do you work outside Gauteng?
Yes. Our offices are in Pretoria and we act across all provinces, with substantial work in Gauteng and the Western Cape.
Do I have to give my email to see the result?
No. Every tool shows the full answer on screen for free. Emailing you the report and a fixed-fee quote is offered afterwards, only if you want it.
Registration 2016/074955/07. Registered with the Department of Water and Sanitation (DWS) and an applicant for EAPASA registration. Regulatory and licensing advisory across South Africa — Pretoria offices, serving Gauteng, the Western Cape and all other provinces. 087 153 6207 · support@dlegal.co.za
This page is general information on the applicable legislation, not legal advice on your specific facts. Fee ranges are indicative; your fixed fee is agreed in writing before any work starts.