Consultation with landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities shall be consistent with the Consultation Guideline developed in terms of sections 10(1)(b), 16(4)(b), 22(4)(b), 27(5)(b) of the Mineral and Petroleum Resources Development Act (Act 28 of 2002).
An applicant or a holder of a prospecting right, mining right or a mining permit shall:
| 1.1.1 |
Provide for the opportunity for landowners, lawful occupiers, interested and affected parties, holders of informal and communal land rights, mine communities and host communities to comment, be heard and to obtain clear, accurate and understandable information about all the impact of the proposed mining activity or implications of a decision on resettlement. |
| 1.1.2 |
Determine whether some accommodation or coexistence is possible between the applicant or holder for a prospecting right, mining right or mining permit and the landowner insofar as the interference with the landowner's rights to use the property is concerned. |
| 1.1.3 |
Provide opportunities for clearing up misunderstandings about technical issues, resolving disputes and reconciling conflicting interests. |
| 1.1.4 |
Encourage transparency and accountability in decision-making; and |
| 1.1.5 |
Give effect to the requirement for procedural fairness of administrative action as contained in the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000). |
| 7.2 |
Stakeholders to be consulted |
The affected stakeholders to be consulted will be informed by the nature and extent of the proposed operation and area specific considerations. An applicant or a holder of a prospecting right, mining right or mining permit must conduct stakeholder mapping to identify and profile stakeholders that must form part of the meaningful consultation process. The meaningful consultation process may comprise a broad range of stakeholders including but not limited to:
| 7.2.3 |
Landowners {Traditional and Title Deed owners). |
| 7.2.5 |
Holders of informal land rights. |
| 7.2.6 |
Holders of communal land rights. |
| 7.2.7 |
Traditional Authority. |
| 7.2.9 |
Non-Governmental Organisation. |
| 7.2.10 |
Community Based Organisations. |
| 7.2.11 |
The Department of Agriculture Land Reform and Rural Development. |
| 7.2.12 |
Any other person ( including on adjacent and non-adjacent properties) whose socio-economic conditions may be directly affected by the proposed mining operation. |
| 7.2.13 |
The Local Municipality; and |
| 7.2.14 |
The relevant Government Departments, agencies, and institutions responsible for the various aspects of the environment and infrastructure which may be affected by the proposed project. |
| 7.3 |
Methods of consultation with stakeholders |
An applicant or a holder of a prospecting right, mining right or a mining permit may use appropriate tools and platforms to engage landowners, lawful occupiers, interested and affected parties, holders of informal and communal land rights, mine communities and host communities about the proposed mining development as outlined in the Consultation Guideline which may include:
| 7.3.1 |
Regular meetings or workshops. |
| 7.3.2 |
Surveys or roadshows. |
| 7.3.3 |
Announcements of the consultation process may be made in local radio stations, television, newspapers, and relevant media; and |
| 7.3.4 |
Considerations for literacy levels and language requirements must be considered. |
Special Investigating Units and Special Tribunals Act, 1996
