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Artisanal and Small-Scale Mining Policy in Place

March 31, 2022

Department of Mineral Resources and Energy

The Artisanal and Small-Scale Mining Policy is in place.

The mineral resources and energy department published the Policy in Government Gazette 46124 in terms of the Mineral and Petroleum Resources Development Act.

The Policy was published for comment in May 2021.

The Policy is designed to foster the creation of a “formalised Artisanal and Small-Scale Mining Industry that can operate optimally in a sustainable manner while contributing to the economy in the form of taxes and royalties and through job creation, and for the elimination of illegal ASM operations”.

It emphasizes that despite policy and legislative interventions and support structures post 1994, the Artisanal and Small-Scale Mining industry continues to experience challenges.

The industry remains largely informal despite an increase in the number of section 27 mining permits issued.

The Policy focuses on comparative study recommendations; differentiation of concepts; licensing regime and administration; institutional and support mechanisms; fiscal regime; environmental management, health, safety and water use considerations; government’s policy stance on illegal mining; reporting and accountability; policy implementation, enforcement, monitoring and evaluation and policy review.

The Policy came into effect on the date of publication.

Other notices include:

• Gazette 46125 – Mine Community Resettlement Guidelines 2022 published – outline the process and requirements to be complied with by an applicant or holders of rights and permits when physical resettlement is involved – in effect on date of publication;
• Gazette 46126 – Geoscience Act Regulations published – focus on submission of geoscience data and information in terms of Geoscience Act; prescribed specialised and other services rendered by the Council for Geoscience; geoscience data and information in possession of the Council for Geoscience; national advisory authority function in terms of geohazards; Council for Geoscience Board; confidentiality on the affairs of the Council for Geoscience; execution of mandate of the Council for Geoscience; sanctions and appeals – in effect on date of publication.