Question NW3652 to the Minister of Mineral Resources and Energy
14 December 2023 - NW3652
Phillips, Ms C to ask the Minister of Mineral Resources and Energy
(1) With reference to the remining of rock dumps and tailings storage facilities (TSFs) on abandoned and/or derelict mines, who becomes the owner of a rock dump or TSF on an abandoned and/or derelict mine; (2) whether the specified rock dump and/or TSF falls under the administration of his department; if not, which department does it fall under; if so, what are the relevant details; (3) whether the registered owner has a specified time frame to utilise the waste rock dumps and the TSFs; if not, why not; if so, what are the relevant details; (4) whether the process to be followed for the remining of a rock dump or TSF is the same as the process for a prospecting licence, which would include an environmental impact assessment and a water use licence?
Reply:
1. With reference to the remining of rock dumps and tailings storage facilities (TSFs) on abandoned and/or derelict mines, the person who was legally authorised to mine on the land in question, becomes owner of the movable dumps or (TSFs). Refer to the judgment of De Beers Consolidated Mines versus Ataqua Mining (Pty) Ltd and Others (3215/06) [2007] ZAFSHC 74 (13 December 2007).
2. Whether the specified rock dump and/or TSF falls under the administration of my department or otherwise, depends on when the dump was created. Dumps created before the commencement of the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”) are regarded as historic dumps. As confirmed in the De Beers judgment mentioned above, these dumps fall outside the jurisdiction of application of the MPRDA and are therefore not subject to its licencing regime. Dumps created post the commencement of the MPRDA is regarded as residue stockpiles and/or residue deposits which walls within the administration of my Department.
3. Whether the registered owner has a specified time frame to utilise the waste rock dumps and the TSFs will depend on the facts of each individual case and the nature of the right(s) and obligations of the owner in each case.
4. Whether the process to be followed for the remining of a rock dump or TSF is the same as the process for a prospecting licence, will firstly depend on whether the dump is historic, or whether the material therein constitutes residue stockpiles or deposits. Secondly, the nature of the activity will determine the extent and nature of the statutory authorisation to be obtained to carry out the activity. In most cases, environmental authorisations and water ule licences are required to carry out activities of this nature.