Guide · Mining

    Mining permit or mining right: which you need

    Small operations on 5 hectares or less, with a life of mine up to two years, can apply for a mining permit. Anything larger needs a mining right under Section 22 of the MPRDA, with a mining work programme, social and labour plan and environmental authorisation.

    Side by side

    Mining permitMining right
    Area5 hectares or lessNo fixed limit
    Term2 years, renewable up to 3 times for 1 yearUp to 30 years, renewable
    Social and labour planNot requiredRequired
    Environmental authorisationBasic assessmentFull scoping and EIA

    What a mining right application needs

    • Mining work programme and proof of technical ability.
    • Proof of financial ability to mine and rehabilitate.
    • Social and labour plan.
    • Environmental authorisation under NEMA.
    • Compliance with the Mining Charter ownership requirements.

    Timelines

    Mining permits usually take several months. Mining rights often take 12 to 24 months, mostly because of the environmental process and consultation.

    Common questions

    Can I start mining while my application is pending?

    No. Mining without a granted right or permit is an offence.

    Do I need the landowner's consent?

    Consent is not required for the grant, but the landowner must be consulted and compensation may be payable.

    Is a water use licence also needed?

    Usually yes. Most mines need a water use licence under the National Water Act.

    Ready to scope your application?

    Consultations are free. We quote a fixed mandate fee before any work starts.

    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.