Guide · Mineral Rights

    Mineral rights in South Africa: who holds what

    Since the Mineral and Petroleum Resources Development Act 28 of 2002, the State is the custodian of South Africa's minerals. Landowners do not own the minerals under their land. Rights are granted by the Minister, registered at the Mineral and Petroleum Titles Registration Office, and can only be transferred with consent.

    The main rights and permits

    RightPurposeMaximum initial term
    Reconnaissance permitDesktop and aerial surveys2 years
    Prospecting rightExploration5 years, renewable once for 3
    Mining permitSmall-scale mining up to 5 hectares2 years, renewable
    Mining rightFull-scale miningUp to 30 years, renewable

    Registration

    A granted right must be executed and registered at the Mineral and Petroleum Titles Registration Office. Unregistered rights create risk for financing and later transfers.

    Transfers and cessions

    Transferring a right, or a controlling interest in a company holding one, needs the Minister's consent under Section 11 of the MPRDA.

    Common questions

    Do I own the minerals on my farm?

    No. The State is the custodian. You can apply for a right, but so can others.

    Can mineral rights be sold?

    Yes, with the Minister's written consent under Section 11 of the MPRDA.

    Where are mineral rights registered?

    At the Mineral and Petroleum Titles Registration Office.

    Need to secure or transfer a right?

    Tell us about the property and the mineral, and we quote a fixed fee upfront.

    Related guides

    Last updated September 2026. This guide is general information on South African regulatory procedure and is not legal advice on your specific matter. Dynamic Legal Services (Pty) Ltd is a private legal advisory firm and is not a government department or regulator.