PUBLICATION OF THE DRAFT ARTISANAL AND SMALL-SCALE MINING POLICY 2021 FOR PUBLIC COMMENT

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PUBLICATION OF THE DRAFT ARTISANAL AND SMALL-SCALE MINING POLICY 2021 FOR PUBLIC COMMENT

Notice Title: Draft Artisanal and Small-scale Mining Policy, 2021
Government Notice: GN 258 in GG 44538 on 5 May 2021
Effective date: Draft for comment by 17 June 2021

The Minister of Mineral Resources and Energy published the draft Artisanal and Small-scale Mining (“ASM”) Policy 2021 for public comment.

The draft ASM Policy offers the following definitions:

“Artisanal mining” means traditional and customary mining operations using traditional or customary ways and means. This includes the activities of individuals using mostly rudimentary mining methods, manual and rudimentary tools to access mineral ore, usually available on surface, or at shallow depths.

“Small scale mining” means a prospecting or mining operation which does not employ specialised prospecting, mechanised mining technologies, chemicals including mercury and cyanide or explosives; or the proposed prospecting or mining operations, do not involve an investment or expenditure which exceed such amount as may be prescribed.

The objective of the ASM Policy is to foster the creation of a formalised ASM 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.

The draft ASM Policy is arranged in 10 chapters which address the following thematic issues:

I. Definition of terms and objectives of the ASM Policy, 2020;

II. Differentiation of concepts;

III. Licensing regime and administration;

IV. Institutional and support mechanisms;

V. Taxation and royalty regime;

VI. Environmental, health, safety, and water use considerations;

VII. Government policy stance on illegal mining;

VIII. Reporting and accountability;

IX. Policy implementation, enforcement, monitoring and evaluation; and

X. Policy Review.

Under each chapter and theme, the Government’s policy proposals are clearly outlined. The intention is ultimately to translate these policy interventions into dedicated enforceable legislation.

Interested and affected parties are invited to submit written presentations on or before the 17th of June 2021. For a copy of the Government Notice click here.

For assistance or queries please contact Jan Nel at jan@shangoni.co.za

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