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In April 2016, the Minister of Mineral Resources (the Minister) published the draft Reviewed Broad Based Black Economic Empowerment Charter (the 2016 Mining Charter) for public comment. The 2016 Mining Charter led to an industry wide outcry as it was produced without consultation. The Minister then undertook to consult with role players in the formulation […]
The state has indicated it now intends to use statutory mechanisms to achieve land reform. Currently before Parliament are the Expropriation Bill and the Promotion and Protection of Investment Bill. The state has also published a draft bill on the Preservation and Development of Agricultural Land. These bills are likely to be used by the […]
INTRODUCTION The Subdivision of Agricultural Land Act was passed in 1970 to prevent the subdivision of agricultural land into uneconomic land units. The Act provided that land, which historically fell outside the area of a municipality or town, could not be subdivided without the consent of the Minister of Agriculture. In 1998, Parliament passed a […]
This document summarises the changes to mineral legislation which have occurred since the beginning of 2013, which will have an impact on mining related operations. In this report, the Mineral & Petroleum Resources Development Act is referred to as MPRDA, the National Environmental Management Act is referred to as NEMA and the National Environmental Management […]
The amended BEE Codes were published in the Government Gazette of 11 October 2013. They will come into operation within 12 months from the date of publication. The amended Codes will replace the Codes which were published in February 2007. Many companies have been restructured so as to comply with the ownership requirements of the […]
The Government is embarking on significant new initiatives to advance land reform. This includes the new Expropriation Bill which was released for public comment at the end of March, the Restitution of Land Rights Amendment Bill which was released for comment on 23 May 2013 and a new Land Tenure Bill which is currently being […]
The new Expropriation Bill was released for public comment at the end of March. It comes after a number of earlier bills that have been prepared by the Department of Public Works, the last of which was introduced in the National Assembly in mid-2008 and subsequently withdrawn. The old bill was unconstitutional because it attempted […]
Governments and businesses around the world are placing increasing value on the generation and use of renewable energy. As the South African regulatory environment changes to incentivise investment in technologies and initiatives which increase the use of renewable energy, new opportunities for business emerge. This circular explores some of the regulatory schemes which may influence […]
On 31 August 2011, the Department of Rural Development and Land Reform tabled the Green Paper on Land Reform. The Green Paper’s stated aim is to address the injustice of past discriminatory laws and the inadequacy of existing land reform legislation and policy. The Department of Rural Development and Land Reform proposes various measures to […]