Foundations for a Geological Career Day 3. Foundations for a Geological Career. What do I need to know after graduation? 14 - 16 August 2019 Glenhove Conference Centre. Geological Society of South Africa.
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Foundations for a Geological Career Day 3
1. Foundations for a Geological Career
What do I need to know after graduation
14 - 16 August 2019
Glenhove Conference Centre
2. FOUNDATIONS FOR A GEOLOGICAL CAREER
14-16 August 2019
Day 1 (14 August 2019) Glenhove Conference Centre
7:00 7:45 Registration
7:45 8:00 Welcome & Introduction Sifiso Siwela GSSA President
8:00 8:30
State of Geology in SA and outlook for the
future
Bill McKechnie Snowden Consulting
8:30 9:30 Professionalism in the Geosciences Tania Marshall GSSA
9:30 10:00 Statutory Registration (SACNASP) Sarah van Aardt SACNASP
10:00 10:30 Tea
10:30 11:30 Compiling your CV
Briony Liber
Briony Liber Coaching
and Consulting11:30 12:30 Cracking that interview
12:30 13:15 Lunch
13:15 14:15 SAMCODES Steven Rupprecht SSC Chairperson
14:15 14:45
The role of geoscientists in a large mining
company
Pete Roberts Anglo American Corp
14:45 15:15
The role of geoscientists in a junior
exploration company
James Campbell Botswana Diamonds
15:15 15:30 Tea
15:30 16:00
The role of geoscientists in a consulting
company
Sifiso Siwela Deloitte
16:00 16:30
The role of geoscientists at the Council for
Geosciences
David Khoza CGS
16:30 17:00 Panel Discussion / Q&A Session
Tania Marshall (& panellists: Pete Roberts, James
Campbell, Sifiso Siwela & David Khoza)
17:00 Networking
3. Day 2 (15 August 2019) Glenhove Conference Centre
7:00 8:00 Registration
8:00 9:00 Writing as thinking Pamela Nichols Wits Writing Centre
9:00 10:00 Time management; Mari Laas Career Counsel
10:00 10:30 Tea
10:30 11:30
What geologists need to know; about ….
South African Mining Law, the MPRDA and
the Mining Charter
Lloyd Christie ENSAfrica
11:30 12:30
What geologists need to know; about ….
Mining (Surface & Underground) and MHS
Alex Holder Petra Diamonds
12:30 13:00
What geologists need to know; about ….
Minerals Processing & Metallurgy
Jeremy Clarke PPM
13:00 13:45 Lunch
13:45 14:15
What geologists need to know; about ….
Survey
Leon Koorsse
Institute of Mine
Surveyors of South Africa
(IMSSA)
14:15 14:45
What geologists need to know; about ….
Environmental, Social & Governance (ESG)
Issues
Anneli Botha Independent Consulting
14:45 15:15
What geologists need to know; about ….
Remote Sensing/GIS
Prevlan Chetty
Digby Wells
Environmental
15:15 15:30 Tea
15:30 16:30
What geologists need to know; about ….
Engineering Geology & Hydrogeology
Matthys Dippenaar University of Pretoria
16:30 17:00
The Marketability of the Modern
Mineralogist
Igor Tonžetić MINSA
17:00 Networking
Day 3 (16 August 2019) Glenhove Conference Centre
8:00 10:00
What geologists need to know; about ….
Drilling
Colin Rice
Colin Rice Exploration &
Training
10:00 10:30 Tea
10:30 12:30 Structural Logging
Colin Rice
Kevin Peyper
Masibulele Zintwana
Colin Rice Exploration &
Training
Reflex
Kumba Iron Ore
12:30 13:30 Lunch
13:30 16:30 Borehole logging Rod Tucker Lone Tree Exploration
4. Speaker CV’s
Sifiso Siwela
Sifiso Siwela is a Manager at Deloitte Technical Mining Advisory and specialises in exploration strategy
design, mineral project valuations, Mineral Resource estimation and reviews as well as due diligence
reviews. He has some 15 years’ consulting experience in various commodities including base metals,
precious metals, precious stones and industrial minerals. He has conducted work in various countries
including those in southern, west and east Africa, as well as Saudi Arabia, Turkey and Afghanistan. He is
the current President of the Geological Society of South Africa and is the GSSA representative on the
SAMCODES Standards Committee.
Bill McKechnie
Bill is the Regional Manager and a Director of Snowden Mining industry Consultants based in
Johannesburg and responsible for the Company’s business throughout Europe, the Middle East and
Africa. He is an exploration geologist with 44 years’ experience in the mining business, including 10 years
with Snowden and 32 years with Anglo American and De Beers which includes eight years as head of De
Beers global exploration activities. Bill was directly involved in the discovery and development of four
new diamond mines in southern Africa. He is a registered Professional with SACNASP, a Fellow of the
GSSA and a member of the SAIMM.
Tania Marshall
Tania R Marshall has been involved in the alluvial/marine diamond and precious stone exploration and
mining industry since 1985 and has worked in many countries throughout Africa, both as an operator
and as a consultant. She is a Fellow of the GSSA, a Member of the SAIMM, a life Member of the GSAf
and is registered with SACNASP. In addition, she is an active member of both the SAMREC and SAMVAL
Committees, chairs the SAMREC Diamond Working Group and is the immediate past-Chairperson of the
SAMCODE Standards Committee (SSC) as well as the Vice-President (Professional Affairs) of the GSSA.
Sarah van Aardt
Operations Manager at SACNASP previously Customer Service Director for INTEL UK. She has an
honours degree in Economics, an Editing diploma from University of Pretoria and a Science
Communication qualification from Stellenbosch University.
Briony Liber
Briony has had a few changes in career direction in her life moving from town and regional planning,
into environmental management in the mining industry, to road construction, back to mining and now
into career development and leadership coaching. One of the reasons for her latest career pivot was
her observation of young professionals’ struggle to advocate for themselves. Over the last three years
she has built a business around helping professionals in the mining industry manage themselves and
their careers as a business. Part of that includes helping people tell their career story through their CV
and LinkedIn profiles in a way that not only connects with human beings, but also passes the application
tracking systems (in other words AI). She is here today to take us through some of the basics of writing
a good CV and preparing for interviews.
5. Steven Rupprecht
Steven is a Mining Engineer with +32 years mining experience in various mining companies,
consultancies and, most recently, as a professor at the University of Johannesburg. Steven is a Fellow
of the South African Institute of Mining and Metallurgy (SAIMM), a member of the SAIMM Council,
member of the SAIMM Technical Programme Committee, member of the SAIMM Diversity and Inclusion
Committee, and observer on the SAIMM Young Professional Council. Steven has been Vice Chairperson
of the SAMREC working group since 2012 and is currently the Chair of the SAMCODES Standards
Committee.
Pete Roberts
Wits graduate from the previous century. Over 30 years industry experience: research, exploration
(greenfields to incline shaft development), production and management across various commodities
(base metals, oil and gas, diamonds, gold and coal). Amongst other things, currently responsible for the
Professional-in-Training programme at Anglo American Coal SA.
James Campbell
James Campbell has spent over 30-years in the diamond industry in a variety of leadership roles both in
major and junior companies. He is currently Managing Director of Botswana Diamonds plc and also a
Non-Executive Director of Shefa Gems ATM. Previously he held leadership roles at Rockwell Diamonds,
Stellar Diamonds, Lucara Diamond, African Diamonds, West African Diamonds and De Beers where he
spent over 20-years with notable appointments including General Manager Exploration and Nicky
Oppenheimer's Personal Assistant. James is also Chairman of the leadership development Non-Profit
Organisation Common Purpose SA. James holds a degree in Mining & Exploration Geology from the
Royal School of Mines (Imperial College, London) and an MBA with distinction from Durham University.
James is a Fellow of the IOM3, SAIMM and IODSA. He is also a C.Eng (UK), C.Sci (UK) and Pr.Sci.Nat.
David Khoza
David Khoza is geophysicist who’s worked in minerals exploration, mining and geoscience research.
After completing university, David joined BHP Billiton’s mineral exploration division, conducting
geophysical surveys primarily in Africa. David took a break and then back into academia to complete his
PhD, which focussed on understanding the tectonic evolution of the Southern African lithosphere using
magnetotelluric data. Following that, he joined Anglo American’s Technical Solution department
supporting several business units in mining, green and brownfield exploration and research efforts
within Anglo American. He then joined SPECTREM AIR, primarily focused on airborne data processing,
modelling, interpretation and research. He holds a BSc (Geology and Physics), BSc Honours (Geophysics)
and a PhD (Geophysics) from the University of the Witwatersrand, specialising in EM methods. David
Khoza is currently the Executive Manager: Applied Geoscience, at the Council for Geoscience
Pamela Nichols
Pamela Nichols came to South Africa in 1995, originally to the WITS English Department. Nichols helped
to found and has been since 1998 the Director of Wits Writing Centre. Since its inception the WWC has
produced 17 award winning fiction writers and part-organised 6 literary festivals as well as promoting
successful academic writing and writing intensive teaching. Nichols took her first degree at Sussex
University, taught and studied at the American University of Beirut, completed a teaching degree at the
Institute of Education in London, before attending New York University where she completed a
doctorate in Comparative Literature guided by the work of, and personal engagement with, Edward
Said. Her recent published work focuses on writing centres, writing intensive teaching, writing
programmes, new African writing, and on strategies to enhance democracy through the development
of citizen scholars.
6. Mari Laas
Mari is a devoted trainer - She has been in Training for nearly 30 years. She has two Magister degrees
in Education and Functional Therapy and has a Doctorate in Education – Program Development. She
runs a private practise for 15 years where she does Career counselling. She is married to a pastor and
has two children and stays in Pretoria. Mari enjoys soft skills training and has developed several course
whiles being at the University as well as Training manager at Lanseria International Airport. Skills
upliftment is her passion.
Lloyd Christie
Lloyd Christie is a director at ENSafrica and Head of the Natural Resources and Environment
Department. He specialises in natural resources law. He has been recognised as a leading lawyer by the
following reputable rating agencies: Chambers and Partners Global Guide to the World’s Leading Layers;
The International Who’s Who of Mining Lawyers; and The Legal 500 Guide to Outstanding Lawyers.
Alex Holder
Alex is a mining engineer with a degree from UP. He started working life as a graduate student working
for De Beers. After completing his studies, he received his introduction to mining on the Kimberley,
Finsch and Koffiefontein operations to the level of Section Manager. In 2001 he joined the 1st C-Cut
Study at Cullinan as a Senior Mining Engineer. When the project was halted, he was transferred to
Venetia, where he was involved with systems, planning and production. Alex consulted for Petra in the
Koffiefontein Mine acquisition, before joining them as a Mine Manager where he re-opened the
Koffiefontein mine. He was also involved in technical assessment of new acquisitions including
Kimberley Underground, Cullinan, Williamson and Finsch from De Beers. As Group Technical Services
Manager for Petra, Alex’s role includes Governance on Planning, LOM Planning, Production Information
systems, Technical assessments and Feasibility studies.
Jeremy Clarke
Jeremy Clarke started his career in the mining industry with the Anglo-American Corporation group of
companies as a trainee metallurgist. He spent twenty years with the company gaining experience in
gold, uranium, copper, and diamonds and rose to the position of Consulting Metallurgist for De Beers.
He left De Beers to start his own mining companies and successfully started four new ventures in the
gold, diamonds, copper and emerald industries which were all subsequently listed on the TSE and AIM
exchanges. In 1999 Jeremy founded Metcon, a metallurgical consulting business that concentrated
mainly in the diamond mining arena and eventually merged with Paradigm Project Management (Pty)
Ltd (PPM) in 2008, where he is now a Director and owner.
Leon Koorsse
Leon Koorsse is currently Group Surveyor for Sibanye-Stillwater Marikana Operations where he is
Responsible for all Survey and Draughting functions as well as for Mine Technical Services Systems. He
has been involved in the Survey and Mining Technical Services and Mining Projects Environment for
more than 30 years. He has a National Higher Diploma Mine Surveying, Graduate Diploma Engineering
– Mining and Mine Surveyors Certificate of Competency and is registered with the Institute of Mine
Surveyors of South African.
Anneli Botha
Anneli holds a BSc in Geology and Geography and a Hons in Environmental Management. She has 19
years’ experience mainly in the mining industry assisting clients around the world to develop, implement
and improve their occupational health, safety, environmental management, community and corporate
governance management systems and practices. She has worked in 25 countries across the globe and
her passion is to make a difference to people and the environment wherever she goes.
7. Prevlan Chetty
Prevlan is a GIS and Remote Sensing Specialist with 9 years of experience across a variety of geospatial
platforms that includes cartographic, remote sensing and various geospatial reporting applications.
Prevlan graduated from UJ with a BSc in Geology and Geography. Prevlan is currently enrolled for his
MSc in Geography with a Remote Sensing application theme. Prevlan currently works for Digby Wells
Environmental, as a GIS & Remote Sensing Specialist. Prevlan is also currently registered with SACNASP.
In addition to this, Prevlan is an ambassador for GIS through the Geographical Information Society of
South Africa (GISSA) where he heads up the education portfolio which aims to expose students and
industry role-players to GIS & Remote Sensing.
Matthys Dippenaar
Matthys Dippenaar holds an MSc in Engineering Geology and PhD in Hydrogeology from the University
of Pretoria. He is presently a senior lecturer there, teaching in these fields while working on his research
focus of variable water saturation and its impacts on engineering infrastructure. He is the present
national chair of the Ground Water Division and a member of the Institute for Engineering Geologists
and the GSSA.
Igor Zeljko Tonžetić
Igor currently works as a senior lecturer in the Metallurgical Department of the University of Pretoria
whilst furthering his postgraduate studies. Previously, he has been the principal consulting mineralogist
for companies in Australia and South Africa. His specialities involve the operation of semi-automated
instrumentation. He has also variously worked as a consulting technical specialist in Brazil, India,
England, South Africa and New Zealand. He is currently a fellow of the GSSA, the Chair of the
Mineralogical Association of South Africa (MINSA), a visiting researcher at the University of the
Witwatersrand and a member of the SAIMM.
Colin Rice
He was a founder partner in SA Mud Services (Pty) Ltd and he was Managing Director of Professional
Diamond Drilling Equipment (Pty) Ltd for eleven years when the company was acquired by Atlas Copco
AB. In 1995, Colin and his business partner launched Borehole Survey (Pty) Ltd and imported the very
first electronic borehole survey tools into the country. Colin Rice established Colin Rice Exploration and
Training in September 2009 with the purpose of offering consulting and training services to the
exploration drilling industry – was responsible for setting up the National Diploma, Drilling Practice
Course at Technikon SA. He has been delivering drilling and exploration related courses at a number of
institutions and in a number of other Southern African countries for the past twenty years. Colin is the
Chairman of the newly launched Drilling Industry Certification Authority of South Africa (DICASA) and
President of the Borehole Water Association of Southern Africa.
Rod Tucker
Rodney Tucker graduated from Wits University in 1970 with a BSc (Eng) degree in Mining Geology. In
1980 he completed an MSc on the Sedimentology and Mineralogy of the Composite Reef on
Randfontein Estate Gold Mine. Rod is a Registered Professional Natural Scientist and a Fellow of the
GSSA. He served as President of the GSSA in 1997. He is also a Fellow of the SAIMM and Society for
Economic Geology. He was the Africa Representative of the IAS (International Association of
Sedimentologists) and a Member of the SEPM. His career has spanned 50 years, working for JCI and the
Anglovaal Group. After an early “retirement” he joined Snowden Mining Consultants as Divisional
Manager Exploration and was General Manager for Africa in his last year there. As Group Sedimentogist
and Exploration Manager in the Anglovaal Group, he was an originator of the SABLE borehole logging
system and has resented several courses on a “Paradigm Shift in Borehole Logging in Exploration”.
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Edit Master text styles
• Since the percussive energy has to travel all the way through the drillsteel to the drill bit, a great deal of
the energy is lost as the energy wave travels along the drillsteel. If the drillsteels are coupled together,
up to 6% of the energy can be lost at each coupling and so this drilling technique is limited to relatively
short, small diameter boreholes.
• Top‐hole hammer drilling techniques are therefore used mainly to drill small diameter blastholes in
mines and quarries – this technique is not used as an exploration method.
The piston of the rockdrill strikes the top of the shank adaptor and transmits an energy wave
through the drillstring to the drill bit and the rock.
As the energy wave travels through the drillstring, energy is lost.
Top‐hole hammer drilling
Edit Master text stylesDownhole hammer – general principles
• Essentially a downhole hammer consists of an outer cylinder inside
of which a piston is made to reciprocate.
• High pressure compressed air is blown down the drillstring and into
the hammer. As the air passes through the hammer the piston is
made to reciprocate repeatedly and on every down stroke it strikes
the top of the drill bit. The energy of the piston is transferred
through the drill bit to the rock and causes rock breakage.
• Since the hammering action is directly onto the drill bit the
efficiency of energy transfer is much greater than in a top‐hole
hammer.
• Downhole hammers are therefore able to drill much larger
diameter and deeper boreholes than are possible with a top‐hole
hammer.
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Edit Master text stylesDownhole hammer – general principles
High pressure compressed air is blown through the
hammer. The air causes the piston to reciprocate
very rapidly and then the air is blown through the
centre of the drill bit and out through flushing holes
in the face of the drill bit.
The air then blows the drilled cuttings to surface.
Edit Master text stylesDownhole hammer drilling ‐ limitations
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Edit Master text stylesCirculation systems
Edit Master text styles
• Air has to be introduced into the annular space
between the inner and the outer tubes of the
drill rods. This is achieved through the use of an
air swivel that is mounted below the rotation
head.
• Cuttings generated travel upwards through the
inner‐tube and they have to travel through the
rotation head into the sample hose (discharge
hose) to the sample collection system.
• Rotation head must therefore have a hollow
spindle and is therefore somewhat more
complex than a standard top drive rotation head
Sample flow path
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Edit Master text styles
• High pressure compressed air travels downwards
in the annular space between the inner and
outer tubes. The air enters the hammer and
causes the piston to reciprocate and so the drill
bit makes hole.
• The air exhausts through a series of ports above
the head of the drill bit, it then flows inwards,
across the face of the bit and into a series of
sample holes in the face of the drill bit.
• The air then travels upwards through the inner‐
tube to surface.
Face sampling hammers
Edit Master text stylesFace sampling hammers
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Edit Master text stylesFace sampling hammers
Edit Master text styles
• All face sampling hammers are fitted with a “shroud” that fits immediately above the drill bit. The
shroud is slightly smaller in diameter than the drill bit and effectively provides an annular seal to force
cutting inwards and upwards into the sample tube of the hammer.
• Reverse circulation systems are designed so that the drill rod is only slightly smaller in diameter than the
hole being drilled. The drill rod therefore acts like a rotating casing to aid hole stability and creates a
backpressure in the annulus between the drill rod and the borehole wall to assist in forcing the sample
to be blown up the inner‐tube rather than up the annulus.
Face sampling hammers
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Edit Master text styles
• The mass of sample generated when drilling a full hole is very great ‐ a 114mm borehole for example
generates approximately 30 kilograms of cutting per meter (depending upon the density of the
formation) and so it is impossible for the geologist to manage the total mass of sample collected.
• A sample splitter must therefore be used to “split” the sample into a smaller mass that is economical to
transport and assay. It is obviously essential however, that the split sample produced is representative of
the total sample.
• Several different types of sample splitter are used and in all cases it is essential that the splitter is exactly
vertical and that it is kept free of any clogging or blocking.
Sampling systems
Edit Master text stylesSampling systems
A Riffle splitter A rotary cone splitter
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Edit Master text styles
• The earliest sample splitting system that was used was the riffle
splitter. that consists of a series of matching chutes (riffles)
arranged opposite to one another.
• In theory, when a batch of sample is dropped onto the chutes
exactly half of the sample will flow through one set of chutes and
the other half will flow through the other chutes. One half can
then be discarded and the retained sample again split by passing
through a second set of chutes.
• In this way, the sample would have been split in half and then in
half again – the retained sample will therefore be 25 % of the
mass of the original sample.
• If the sample is again split through a third tier of chutes, then the
retained sample will be 12 ½ % of the original and if again split the
retained sample will be 6 ¼ % of the original sample.
• This smaller sample can then be sent to the laboratory for assay.
Sampling systems
Edit Master text styles
• The cone splitter works by dropping sample through a 120mm
hole over the point of a cone in an ‘hourglass effect’. This
provides an even flow of sample over the cone.
• Beneath the bottom of the cone are 2 segment shaped chutes
that direct a percentage of the sample to the assay bags.
• These chutes are adjustable to take between 3 and 12 percent
of the total sample. One is used as the assay sample, the other
for a duplicate sample.
• The waste material falls through a central chute to be
discarded.
Sampling systems
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The legal hierarchy
The Constitution
The Bill of Rights
Statutory Law
National Laws (Acts of Parliament)
Provincial
Legally Required Standards (SANS)
Mandatory COP's
Municipal By Laws
Common Law
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• The supreme and most important statute is the
Constitution of South Africa as it provides the legal
foundation upon which the country operates and it
forms the basis of all public life.
• No other law may conflict with the Constitution, nor
may the Government or any Government official do
anything to violate the Constitution.
• Our current constitution is South Africa's fifth and it
was drawn up by the Parliament that was elected in
1994 and was promulgated by President Nelson
Mandela on 10th December 1996.
The Constitution of the Republic of South Africa
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The Constitution of the Republic of South Africa
Chapter 2 of the Constitution of South Africa is
the “Bill of Rights” that details all of the
fundamental human rights to which every
South African must be afforded, for example:
• The right to life
• The right to human dignity
• The right to equality before the law
and,
• The right to be treated without
discrimination
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• Exploration drilling activities are regulated by many different statutory instruments.
• Some of these Acts are:
• The Minerals & Petroleum Resources Development Act (MPRDA)
• The Mine Health & Safety Act 29 of 1996 (MHSA)
• The Employment Equity Act 55 of 1998
• The Basic Conditions of Employment Act 75 of 1997
• The Compensation for Occupational Injuries & Diseases Act 130 of 1993 (COIDA)
• The National Environmental Management Act 107 of 1998 (NEMA)
• The National Environmental Management: Water Act 59 of 2008
The legal hierarchy
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Our legal system is based on two types of law:
Statutory law
Written law, made by the government of the country or some body with the authority to pass laws. These
are Acts of Parliament, provincial by‐laws or municipal by‐laws.
Common law
Based on decisions made by judges or the courts ‐ these decisions create a precedent that can be used to
guide future decisions in similar cases.
Employers therefore have both a common law duty to ensure that their employees are safe but also
responsibilities imposed by statutory law.
Common law and statutory law
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• Employers therefore must be aware not only of their duties and responsibilities under statutory law but
also under common law.
• Every person has the expectation that he or she will be able to carry out his or her work and then
return home safe and healthy every day. It is therefore the fundamental duty of every employer to
ensure that his employees are able to work in a safe environment and in a manner that does not
endanger their health – this is a common law right and obligation.
• Similarly, it is the duty of every employee to take care of himself and his fellow workers when in the
workplace.
The legal hierarchy
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In many industries employers do not provide a safe and healthy workplace and so trade unions and other
non‐governmental organizations (NGO’s) lobby Government to enact new laws or to change existing laws
to better regulate activities in these industries, particularly with regard to health and safety.
The South African mining industry is an excellent example of how external pressure forced changes in
legislation. Faced with incredibly high fatality rates, the National Union of Mineworkers (NUM) began to
pressurise Government in the late 1980’s to improve the health and safety of mineworkers.
This pressure ultimately resulted in the Leon Commission of Enquiry which in turn resulted in the
promulgation of the new Mine Health and Safety Act 29 of 1996 (MHSA).
The legal hierarchy
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All work and work related activities that are carried out in South Africa have to comply with the
Occupational Health and Safety Act 85 of 1993 (OHSA).
OHSA has as its objective the following:
1. To provide for the health and safety of persons at work and for the health and safety of persons in
connection with the use of plant and machinery;
2. The protection of persons other than persons at work against hazards to health and safety arising
out of or in connection with the activities of persons at work;
3. To establish an advisory council for occupational health and safety.
The Occupational Health and Safety Act 85 of 1993 is written to regulate work undertaken in shops, offices,
factories, warehouses and construction sites – it does not directly regulate mining or drilling activities there
are parts of the Act however that have an implication on drilling and mining activities.
Occpational Health and Safety Act
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The MPRDA regulates how exploration, prospecting and mining activities are managed from a permitting
perspective. i.e. how prospecting permits are issued, how mining authorisations are issued etc.
The Minerals & Petroleum Resources Development Act
(MPRDA)
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The MPRDA is of great importance to exploration drilling activities because the Act defines what
“prospecting” is………….
The MPRDA defines “prospecting” as follows:
PROSPECTING is intentionally searching for any mineral by means of any method –
• which disturbs the surface or subsurface of the earth, including any portion of the earth that is
under the sea or under other water; or
• in or on any residue stockpile or residue deposit, in order to establish the existence of any mineral
and to determine the extent and economic value thereof; or
• in the sea or other water on land.
The Minerals & Petroleum Resources Development Act
(MPRDA)
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The MPRDA goes further and defines a “mineral” as follows:
A MINERAL is,
any substance, excluding water, but including sand, stone, rock, gravel and clay, as well as soil, other than
top soil –
whether that substance is in solid, liquid or gaseous form;
that occurs naturally in or on the earth, in or under water or in tailings; and,
that has been formed by or subjected to a geological process.
The Minerals & Petroleum Resources Development Act
(MPRDA)
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From these 2 definitions it is very clear that any activity aimed at finding a mineral that disturbs the surface
of the earth is “prospecting” and so requires a permit to be issued by the Department of Mineral Resources
(DMR).
The Minerals & Petroleum Resources Development Act
(MPRDA)
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• In order to get a full appreciation of the origins of the Mine Health and Safety Act, we must go back a
little bit in our history to 1911 when the Mines and Works Act No 12 was promulgated.
• This Act was promulgated to regulate mining activities and it formalised the racial segregation of
responsibility in mines. The Act distinguished between white and black workers ‐ black workers had no
representation in matters of safety and they had no right to leave a dangerous place unless given
permission by a miner.
• This legislation remained in force in South Africa until 1956 when it was repealed and replaced by the
Mines and Works Act 27 of 1956. This new legislation did little to reduce the fatality rate in the mines
and so a number of organisations but primarily the National Union of Mineworkers (NUM) began
campaigning in the 1980’s for increased health and safety awareness in mines.
• As a result of this pressure on Government, the Mines and Works Act of 1956 was repealed and
replaced by the Minerals act of 1991.
Origins of the Mine Health and Safety Act
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• There was still no meaningful reduction in the number of fatalities and in an effort to address the
problem, the Leon Commission of Inquiry was set up in 1994 to investigate health and safety on mines
and to make recommendations to improve health and safety.
• The Commission estimated that more than 1 million mine workers were killed or seriously injured in
South African mines between 1900 and 1993 and the work of the commission resulted in the
promulgation of the Mine Health and Safety Act that was enacted in 1996.
• The Act has received worldwide praise and support.
Origins of the Mine Health and Safety Act
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Structure of the Mine Health and Safety Act
Mine Health and Safety Act 29 of 1996
Chapter 1
Section
1
Chapter 2
Section
2‐24
Chapter 3
Section
25‐40
Chapter 4
Section
41‐46
Chapter 5
Section
47‐74
Chapter 6
Section
75‐81
Chapter 7
Section
82‐95
Chapter 8
Section
96‐106
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The Act is composed of 8 chapters and a total of 106 sections, each chapter is devoted to a particular
aspect of health and safety on mines:
Structure of the Mine Health and Safety Act
Chapter Title Sections
1 Objects of the Act 1
2 Health and safety at mines 2 - 24
3 Health and safety representatives and committee 25 – 40
4 Tripartite institutions 41 – 46
5 Inspectorate of mine health and safety 47 – 74
6 Minister’s powers 75 – 81
7 Legal proceedings and offences 82 – 95
8 General provisions 96 - 106
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Edit Master text stylesSection 102: Definitions – “mine”
From this definition it is very
clear that any exploration
borehole is deemed to be “a
mine” and so this means that
all exploration drilling
activities fall within the Mine
Health and Safety Act and so
have to fully comply with the
Act.
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• It is very clear also that since water is not defined as a mineral that waterwell drilling operations are not
regulated by the MHSA but rather by OHSA.
• A person drilling a waterwell on private property therefore has only to comply with OHSA.
• If however, the waterwell is drilled on land that is covered by a prospecting permit or a mining
authorisation then, that waterwell is considered to be “a mine” and so the drilling and waterwell
construction operations must comply fully with the requirements of the MHSA.
The Mine Health and Safety Act 29 of 1996
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Edit Master text stylesSection 102: Definitions – “owner”
The Act recognises three
distinct conditions, the first
condition is pretty logical, the
“owner” is the holder of the
prospecting permit or mining
authorisation.
Typically, but not always, this is
a mining company such as;
Anglo American, Rio Tinto or
South 32 for example.
Edit Master text stylesSection 102: Definitions – “owner”
The second condition takes
account of situations where the
prospecting or mining is being
done “illegally” i.e. no
prospecting permit or mining
authorisation has been issued
but prospecting or mining
activities are being carried out.
In this case the owner is
deemed to be the person for
whom the drilling or mining is
being done.
It is important to note that a
contractor working on the
project escapes responsibility.
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Edit Master text stylesSection 102: Definitions – “owner”
The third condition takes
account of situations where the
mine is no longer being worked
or where the “owner” has died.
This provision ensures that no
one escapes their
responsibilities – even if the
mine is no longer being
operated, the last person who
operated the mine is deemed
the owner and so is responsible
for ensuring that all the
requirements of the Act are
met.
Even if the “last person who
operated the mine” has passed
on, then the person who
inherits the mine (the successor
in title), becomes the “owner”
and so assumes full
responsibility in terms of the
Edit Master text stylesSection 102: Definitions – “owner”
Even if the “last person who
operated the mine” has passed
on, then the person who
inherits the mine (the successor
in title), becomes the “owner”
and so assumes full
responsibility for the “owner” in
terms of the Act.
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Edit Master text stylesSection 102: Definitions – “owner”
This provision ensures that no one escapes their responsibilities – even if the mine is no longer being
operated, the last person who operated the mine is deemed the owner and so is responsible for ensuring
that all the requirements of the Act are met.
Even if the “last person who operated the mine” has passed on, then the person who inherits the mine
(the successor in title), becomes the “owner” and so assumes full responsibility in terms of the Act.
Abandoned and unrehabilitated
mines are an extremely serious
environmental and safety
problem in South Africa (and
other parts of the world also) ‐
many mines were worked for
many years, huge value was
derived from them but when
they became uneconomical to
mine, the “owners” merely
walked away and left an
environmental disaster for the
current generation to manage.
Edit Master text stylesSection 102: Definitions – “employer”
Essentially this definition tells
us that the “owner” and the
“employer” are one and the
same.
As we progress through our examination of the Ac ,you will see why this definition is so important – for
now, all I want you to do is to remember that whenever you see the words “owner” or “employer”, that
they mean the same thing.
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Edit Master text stylesSection 102: Definitions – “employee”
This definition recognises two conditions; the first is people who are directly employed by the mining
company and so receive salaries or wages from the mining company.
The second condition covers indirect employees; contractors, consultants or other people who “work” at
the mine but who are not directly employed by the mine.
In an exploration drilling operation, a survey technician who conducts a directional survey of a borehole is
deemed to be an “employee” of the mine.
Why is this so important?
We will see shortly that the Act requires that the “employer” must ensure the health and safety of all
employees – this means direct and indirect employees.
Edit Master text stylesSection 86: Negligent act or omission
This section states that a
person who, through
negligence, endangers the
health of safety or causes
serious injury or serious
illness to a person at a mine is
guilty of an offence.
It is important that we have a
good understanding of what
“negligence” is.
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• The Mine Health and Safety Act places very great responsibility for health and safety on certain people;
the CEO, Managers, and persons to assist all have very onerous responsibilities to ensure that people
on mines work in conditions that promote health and safety.
• These three positions are what are termed “legal appointments” and there are many other positions to
which people are legally appointed.
Legal appointments
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Legal Appointments required by the MHSA
Appointment Reference
Person to assist the CEO MHSA Section 2A (1)
Manager MHSA Section 3 .1.a
Assistant person MHSA Section 4.1
Subordinate Manager Minerals Act Reg 2.6.1
Safety Officer Minerals Act Reg 2.17.1
Person to assist Minerals Act Reg 2.9.2
Safety Officer - acting Minerals Act Reg 2.17.6
Chief Safety Officer Minerals Act Reg 2.17.4
Health and Safety Representative
Minerals Act Reg 2.18.1
MHSA Reg 6.9
SHE Committee Members
MHSA Reg 6.10
MHSA Section 34
Legal appointments
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The MHSA provides for three levels of responsibility:
1. The employer: he is ultimately responsible for the health and safety of employees and for ensuring that
the MHSA is complied with.
2. Legal appointees: the employer cannot perform all of the duties imposed on it by the Act and so the
Act allows the employer to legally appoint certain persons to be responsible for certain duties, eg.
• CEO Section 2A(1)
• Manager 3. 1 (a)
3. Employees: every employee is responsible for his own health and safety and for the health and safety
of persons who may be affected by his activities.
Responsibility for health and safety
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The Mine Health and Safety Act requires that all employees are competent, especially people who carry a
legal appointment.
Competency as defined in Chapter 1, Section(4B) of the Minerals Act Regulations (Page 256)
“competent person” means a person who—
(i) is qualified by virtue of his knowledge, training, skills and experience to organise work and its
performance;
(ii) is familiar with the provisions of the Act and the regulations which apply to the work to be
performed; and
(iii) has been trained to recognise any potential or actual danger to health or safety in the
performance of the work; or
(b) is in possession of the appropriate certificate of competency where such certificate is required by these
regulations;
Competency
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Criminal liability
A person who fails to comply with provisions of either a statute or common law duty.
Important elements of criminal liability are:
• It is always the State versus a person (or company).
• The trial is about whether the accused is guilty of the charges against him.
• The purpose of the trial is to punish the guilty person. Criminal liability comes from 2 sources:
• Legislation (statutes) e.g. Mine Health and Safety Act
• Common law eg. murder, culpable homicide
Liability
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Schedule 8 details the Maximum fines or period of imprisonment that can be imposed for offences.
Penalties
Section under which convicted Maximum fine and term of
imprisonment
2, 2A, 3, 5, 6, 7(1), 10, 11 R 1 Million or 5 years
15, 16, 21 (1), (3) or (4), 24 R 500 000 or 5 years
22, 52, 53, 62, 66(3), 70, 71, 84, 85 R 200 000 or 2 years
87, 88, 89, 90 R 50 000 or 6 months
55B R 1 Million
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Civil liability
If the person's negligence causes loss or injury to another person that other person could sue for
compensation in a civil court.
Important elements of civil liability are:
• It is always one private person versus another.
• The trial is about whether the defendant is liable (for negligence).
• The purpose of the trial is compensation to the plaintiff.
• Civil liability essentially has one source i.e. common law. There are endless different types of civil
common law liability.
Liability
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Vicarious liability
Important legal concept for the supervisor! This principle is sometimes known as the Master ‐ Servant
principle.
In summary, this principle involves the following:
• The supervisor would have people under his control.
• The supervisor must use that power of control to ensure that his sub‐ordinates act as reasonable
people.
• If a sub‐ordinate commits a wrongdoing, it is because the supervisor failed to exercise his control as a
reasonable supervisor would.
• This failure of exercising control is as serious a wrongdoing as that committed by the sub‐ordinate,
and on this basis the supervisor would be punished by being held responsible for the sub‐ordinate's
wrongdoing.
Liability
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Vicarious liability continued
Vicarious Liability applies to both the civil and criminal law spheres.
Thus:
• if an employee violates any provision of a statute, or commits a criminal common law offence, the
supervisor could be held criminally liable; and/or
• if a third party suffered loss or damage due to the employee's negligence, he could lodge a civil claim
against the supervisor.
Liability
Edit Master text styles
What geologists need to know about drilling?
Economic aspects of drilling
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