South Africa mineral rights process flowcharts
Upcoming SlideShare
Loading in...5
×
 

Like this? Share it with your network

Share

South Africa mineral rights process flowcharts

on

  • 209 views

Summary of milestones along the lifecycle of prospecting rights as per the Mineral & Petroleum Resources Development Act of South Africa.

Summary of milestones along the lifecycle of prospecting rights as per the Mineral & Petroleum Resources Development Act of South Africa.

Statistics

Views

Total Views
209
Views on SlideShare
209
Embed Views
0

Actions

Likes
0
Downloads
4
Comments
0

0 Embeds 0

No embeds

Accessibility

Categories

Upload Details

Uploaded via as Adobe PDF

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

South Africa mineral rights process flowcharts Presentation Transcript

  • 1. 3 1. TEST RATIONALE OF APPLICATION REQUEST Is it clear? Director Yes Geology No Legal 2 1 Check geological, commercial rationale, & strategy for the project. Request for application Mineral Rights 4 5 5 Confirm required shareholding of Applicant Company & obtain shelf company from Legal Advisor. Check availability on SAMRAD. 7 Give Team feedback via e-mail & terminate process. 6 Farms available? No Yes 7 Proceed with APPLICATION SUBMISSION PROCESS. © Umbono Group of Companies. Copyright Reserved. Copying, downloading, broadcasting expressly forbidden.
  • 2. 2. APPLICATION SUBMISSION PROCESS 3. FOLLOW UP ON ACCEPTANCE 1 No 1. Resolution 2. BEE credentials 3. BEE undertaking 4. Certificate of incorp. (certified copy) 5. Certificate to commence business (certified copy) 6. Share certificate (certified copy) 7. Shareholders' agreement (certified copy) 8. Letter detailing existing rights 2 Mineral Rights Agree? Yes Legal Nonavailability and timing issues. No Outstanding documents? Call Regulator Yes Regulator delays 3 Agree? Mineral Rights Yes Director Outstanding documents Signed documents No No 1 1. Technical ability letter 2. CVs of team 3. Applicant company profile 4. Service providers' profile(s) 5. Work programme 4 2 Agree? Geology Redo Yes Pipeline No 1 1. Topographical & coordinate map 2. Geological map APPLY ON SAMRAD 5 Sign up & fill in applicant company particluars & director contact details. 6 Fill in commodities applied for, prospecting methods, & name of operation. Select land on map. 7 Upload prepared documents. Pay application fees online via credit card. Confirm director name & sign undertaking by clicking 'Finish'. 8 Confirm applicant company particluars. Confirm land description. Select HDSA participation level. Pipeline Confirm director contact details. System failure at any stage. 1. Resolution 2. BEE credentials 3. BEE undertaking 4. Certificate of incorp. (certified copy) 5. Certificate to commence business (certified copy) 6. Share certificate (certified copy) 7. Shareholders' agreement (certified copy) 8. Letter detailing existing rights 9. Technical ability letter 10. Topographical & coordinate map 11. Geological map 12. CVs of team 13. Applicant company profile 14. Service providers' profile(s) © Umbono Group of Companies. Copyright Reserved. Copying, downloading, broadcasting expressly forbidden. Prepare & send documents to Regulator © Umbono Group of Companies. Copyright Reserved. Copying, downloading, broadcasting expressly forbidden.
  • 3. 4. ACCEPTANCE OF APPLICATION 1 ACCEPTANCE LETTER Regulator Mineral Rights 2 Start Public Consultation 2 2 Contact EMP Consultants to commence with Environmental Impact Assessment Prepare BEE documents Send registered letters & e-mails to notify IAPs of application to invite IAPs to register & attend public meeting EMP Consultants Letters & e-mails to IAPs No 5 Draft EIA & EMP 6 Mineral Rights & Satisfied? 3 IAPs Yes 4 Responses, objections, questions, comments BEE documents: Shareholders' agreements Supplier details Procurement strategy 7 Report on public consultation Final EMP & EIA 3 Submit in 60 days Attend public meeting Submit in 30 days © Umbono Group of Companies. Copyright Reserved. Copying, downloading, broadcasting expressly forbidden. Regulator Submit in 30 days
  • 4. 2 5. GRANTING OF APPLICATION (PART 1) No No Mineral Rights 1 6. GRANTING OF APPLICATION (PART 2) Outstanding documents? Call Regulator Yes Finance Book Notary Public for execution of right. Regulator GRANT LETTER Prepare & send documents to Regulator 2 Geologist Provide any other outtanding documentation required, or request this from the other internal team members or from service providers. Regulator delays Director Outstanding documents Mineral Rights 3 Outstanding documents 2 Send e-mail to Finance Team requesting financial guarantee to provide for environmental rehabilitation (provide farm names, magisterial districts, provinces, address of relevant Regulator's office, amount of provision required). 2 5 Financial Guarantee Finance Send e-mail to Surveyors requesting certified maps of granted licence area (provide grant letter, farm names, magisterial districts, provinces, identify relevant Regulator's region, # copies required). 4 Financial Guarantee 3 Application for financial guarantee 3 Certified maps Surveyor Bank © Umbono Group of Companies. Copyright Reserved. Copying, downloading, broadcasting expressly forbidden. © Umbono Group of Companies. Copyright Reserved. Copying, downloading, broadcasting expressly forbidden. Legal
  • 5. 7. EXECUTION & REGISTRATION OF LICENCE 1 Financial Guarantee Certified maps Mineral Outstanding Rights documents Regulator 2 Confirm execution date 3 Attend execution at appropriate offices of the Regulator together with Notary. 4 Copies of: Licence Approved Work Programme Approved Environmental Management Plan Notary Public 5 Register documents at Mining Titles Office. 6 Notary delivers registered copies of: Licence Approved Work Programme Approved Environmental Management Plan to Umbono. © Umbono Group of Companies. Copyright Reserved. Copying, downloading, broadcasting expressly forbidden.
  • 6. 8. COMPLIANCE INSPECTIONS Receive inspection request from DMR 9. AMMENDMENT OF A RIGHT (SECTION 102 OF MPRDA) Confirm with DMR official the following 1. Documents required on site 2. Date of time of inspection 3. Time & place to meet offical 4. Exchange mobile numbers with official Write letter to DMR detailing ammendment request Does ammendment require change of boundaries & extent? Yes Produce new maps No Is there anything about our site or our documents that is a liability? No Does ammendment require change of work program or EMP? Yes Produce new work program or EMP Yes Immediately put in place measures to either eliminate, avoid or manage this Meet DMR official & conduct inspection Note down & respond to any queries or requests No Ammended work program or EMP Letter of ammendment Report back to the team Application Submit to DMR © Umbono Group of Companies. Copyright Reserved. Copying, downloading, broadcasting expressly forbidden. New map(s)
  • 7. 10. TRANSFER OF A RIGHT (SECTION 11 OF MPRDA) 12. HOW TO ALMOST LOSE A RIGHT (SECTION 47 OF MPRDA) FAILURE TO: 1.Completed Application Template 2. Cession Agreement 3. Resolution 1 FROM FUTURE OWNER OF LICENCE 1. Cession Agreement 2. BEE credentials 3. BEE undertaking 4. Certificate of incorp. (certified copy) 5. Certificate to commence business (certified copy) 6. Share certificate (certified copy) 7. Shareholders' agreement (certified copy) 8. Letter detailing existing rights 9. Resolution 11. ABANDONMENT OF A RIGHT (SECTION 53 OF MPRDA) 1 FROM CURRENT OWNER OF LICENCE (APPLICANT) 1. Submit an annual report OR 2. Pay annual fees in full 1. Complete Application For Closure Certificate Form 2. Closure Plan 3. Final Performance Assessment on EMP 4. Complete Transfer of Environmental Liabilities Form 5. Environmental Risk Report 6. Letter of Abandonment 7. Signed affidavit testifying that no environmental impact was caused, if that is the case Agree? Legal Yes 2 Mineral Rights Agree? Yes Director Signed application documents OR 3. Commence prospecting activities within agreed timeframe Regulator OR 4. Comply with or assess performance of EMP OR Site visit conducted by Applicant, Regulator & other Govt. Departments. No 5. Comply with Work Programme OR 6. Any other breach of MPRDA, Regulations and Licence Terms & Conditions No Yes 1 Redo FROM FUTURE OWNER OF LICENCE Agree? 1. Technical ability letter 2. CVs of team 3. Applicant company profile 4. Service providers' profile(s) 5. Work programme Regulator Geology 1. Closure certificate 2. Financial Guarantee Delivered to Umbono. Regulator No GRANT LETTER GRANT LETTER NOTICE OF IMPENDING SUSPENSION OR CANCELLATION OF LICENCE Mineral Rights Collaborate with Team to formulate an adequate response & remedy for the breach, within 30 days. Regulator approves of response & Yes Proceed with prospecting activiities as required. © Umbono Group of Companies. Copyright Reserved. Copying, downloading, broadcasting expressly forbidden. No Licence is suspended or cancelled.
  • 8. 13. RENEWAL OF A RIGHT 1 1. Completed Renewal Application Form 2. BEE credentials 3. BEE undertaking 4. Certificate of incorp. (certified copy) 5. Certificate to commence business (certified copy) 6. Share certificate (certified copy) 7. Shareholders' agreement (certified copy) 8. Prospecting Activities Report 9. Environmental Performance Assessment 10. Review of Quantum of Financial Provision 11. Resolution Agree? Legal Yes 2 Mineral Rights No Yes 1 Director 1. Technical ability letter 2. CVs of team 3. Applicant company profile 4. Service providers' profile(s) 5. Work programme Agree? Geology No Redo Agree? No Yes Regulator GRANT LETTER © Umbono Group of Companies. Copyright Reserved. Copying, downloading, broadcasting expressly forbidden. Signed application documents