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The Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”) requires consultation with interested and affected parties, landowners or lawful occupiers before the Minister of Mineral Resources (“the Minister”) grants a mining or prospecting right. Where the applicant is not the landowner the applicant will consult with the landowner. In the case of where the landowner is a community the consultation process may be slightly challenging in that the land in question is collectively owned by a group of people, that being the community and it is not uncommon to find “splinter” groups within communities each purporting to be the legitimate owners of the land.
Written by Claire Tucker