Mining & Minerals Sector Services
Our team is multi-disciplinary and includes a number of leading legal experts across a broad range of areas of specialty. Our immersive and longstanding association with the resources sector means we have sound, practical knowledge and are capable of offering a full range of services in a comprehensive and commercial way.
Our lawyers are highly skilled and have extensive experience. We are a solution driven and dynamic team and are well placed to offer relevant advice at a strategic level as well as on day-to-day legal issues.
Our Services include:
- Transactional.
- Commercial.
- Black Economic Empowerment.
- Regulatory.
- Commercial Disputes.
- Health and Safety.
- Employment.
- Environmental.
- Business Rescue, Restructuring and Insolvency.
- Property.
- Tax.
- Financing.
- Projects and Infrastructure.
- Competition.
- Insurance.
Transactional
- Mergers, acquisitions and disposals, including cross-border transactions
- Joint ventures and partnerships
- Private equity
- Foreign direct investment
- Listings, IPOs, capital raises
- Corporate structuring and restructuring
- Due diligence investigations and risk identification
- Share incentive schemes
Black Economic Empowerment
- Mining Charter
- BEE structuring and transactions
- Broad-based schemes and employee share ownership schemes
- BEE strategies
- Registration of empowerment trusts
- Community projects
Health & Safety
- Legal compliance reviews
- Reporting safety incidents
- Statutory appointments
- Mine health and safety investigations, inquiries, compliance audits and legal proceedings
- Reviews and appeals in respect of closures
- Staff training and employee education
Commercial
- Exploration and prospecting agreements
- Development agreements
- Royalty agreements
- Contractor agreements
- Off-take and supply agreements
- Services and management agreements
Regulatory
- Mining title opinions
- Regulatory applications
- Advice on all aspects of the Mineral and Petroleum Resources Development Act and compliance therewith
- Section 11 applications for the transfer of mineral rights and/or shareholdings
- Section 102 applications for the amendment of mineral rights
- Notarial executions and registration of rights
Employment Law
- All employment aspects of restructurings, mergers and acquisitions, redundancies and business transfers
- Litigation and dispute resolution, including private conciliation and arbitration
- Employee relations and strategic planning
- Training and development
- Restraint of trade
Environmental Law
- All aspects of environmental compliance
- Planning issues and environmental impact assessments
- Programme development
- Environmental litigation, appeals and objections
- Land use and heritage law
- Advising on financial provisions for rehabilitation
Financing
- Acquisition finance
- Preference share funding
- Commodity and leveraged finance
- Listings, IPOs and capital raises
Business Rescue, Restructuring & Insolvency
- Care and maintenance
- Financial corporate overexposure and managing restructuring debt
- Business rescue
- Liquidation proceedings and sequestration
Projects & Energy
- Public Private Partnerships
- Joint ventures, pool and share agreements and PPPs
- Section 53 applications for approval to use the surface of land for projects
Property
- Lease and land use agreements
- Liaising with communities and Department of Rural Development and Land Reform regarding community land
Competition Law
- Preparing merger notification documents
- Merger investigation proceedings and representation at merger hearings
- Advice on all aspects of competition law
Insurance
- Policy
- Risk management issues
Tax & Exchange Control
- Corporate and mining taxation
- Structuring
- Exchange control
- Customs and excise
Mining & Minerals Sector Brochures
Services
Mining & Minerals Sector Services
Our team is multi-disciplinary and includes a number of leading legal experts across a broad range of areas of specialty. Our immersive and longstanding association with the resources sector means we have sound, practical knowledge and are capable of offering a full range of services in a comprehensive and commercial way.
Our lawyers are highly skilled and have extensive experience. We are a solution driven and dynamic team and are well placed to offer relevant advice at a strategic level as well as on day-to-day legal issues.
Our Services include:
- Transactional.
- Commercial.
- Black Economic Empowerment.
- Regulatory.
- Commercial Disputes.
- Health and Safety.
- Employment.
- Environmental.
- Business Rescue, Restructuring and Insolvency.
- Property.
- Tax.
- Financing.
- Projects and Infrastructure.
- Competition.
- Insurance.
Transactional
- Mergers, acquisitions and disposals, including cross-border transactions
- Joint ventures and partnerships
- Private equity
- Foreign direct investment
- Listings, IPOs, capital raises
- Corporate structuring and restructuring
- Due diligence investigations and risk identification
- Share incentive schemes
Black Economic Empowerment
- Mining Charter
- BEE structuring and transactions
- Broad-based schemes and employee share ownership schemes
- BEE strategies
- Registration of empowerment trusts
- Community projects
Health & Safety
- Legal compliance reviews
- Reporting safety incidents
- Statutory appointments
- Mine health and safety investigations, inquiries, compliance audits and legal proceedings
- Reviews and appeals in respect of closures
- Staff training and employee education
Commercial
- Exploration and prospecting agreements
- Development agreements
- Royalty agreements
- Contractor agreements
- Off-take and supply agreements
- Services and management agreements
Regulatory
- Mining title opinions
- Regulatory applications
- Advice on all aspects of the Mineral and Petroleum Resources Development Act and compliance therewith
- Section 11 applications for the transfer of mineral rights and/or shareholdings
- Section 102 applications for the amendment of mineral rights
- Notarial executions and registration of rights
Employment Law
- All employment aspects of restructurings, mergers and acquisitions, redundancies and business transfers
- Litigation and dispute resolution, including private conciliation and arbitration
- Employee relations and strategic planning
- Training and development
- Restraint of trade
Environmental Law
- All aspects of environmental compliance
- Planning issues and environmental impact assessments
- Programme development
- Environmental litigation, appeals and objections
- Land use and heritage law
- Advising on financial provisions for rehabilitation
Financing
- Acquisition finance
- Preference share funding
- Commodity and leveraged finance
- Listings, IPOs and capital raises
Business Rescue, Restructuring & Insolvency
- Care and maintenance
- Financial corporate overexposure and managing restructuring debt
- Business rescue
- Liquidation proceedings and sequestration
Projects & Energy
- Public Private Partnerships
- Joint ventures, pool and share agreements and PPPs
- Section 53 applications for approval to use the surface of land for projects
Property
- Lease and land use agreements
- Liaising with communities and Department of Rural Development and Land Reform regarding community land
Competition Law
- Preparing merger notification documents
- Merger investigation proceedings and representation at merger hearings
- Advice on all aspects of competition law
Insurance
- Policy
- Risk management issues
Tax & Exchange Control
- Corporate and mining taxation
- Structuring
- Exchange control
- Customs and excise
Brochures
Mining & Minerals Sector Brochures
Mining & Minerals Lawyers
Our Mining & Minerals team has been involved in many of the largest and most prominent and complex resource industry transactions and matters in South, East, and sub-Saharan Africa, including recent headline landmark black economic empowerment (BEE) transactions.
Our Mining & Minerals LawyersSECTOR HEAD
Mining & Minerals News
More newsDoes an indirect change of control by means of a rights issue or otherwise require section 11 consent in terms of the MPRDA?
The Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) provides for the Minister of the Department of Mineral Resources and Energy (DMRE) (Minister) to consent to the transfer of prospecting and mining rights, including the transfer of a “ controlling interest ” in companies or close corporations that hold such rights.
The Joburg Indaba
The beginning of October 2023 saw the eleventh year of the Joburg Indaba, an innovative and interactive conference for the mining industry.
Residue stockpiles and residue deposits: Making sense of the amendments maze
A notice for proposed amendments to the 2014 Environmental Impact Assessment (EIA) Regulations (EIA Regulations) and associated 2014 EIA Listing Notices 1, 2 and 3 (Listing Notices) pertaining to, inter alia , residue stockpiles and residue deposits, was published for comment by the Minister of Forestry, Fisheries and the Environment on 4 August 2023 (2023 Notice).
Recognition
2017–2023
Chambers Global
Chambers Global 2017–2023 ranked our Mining & Minerals sector in Band 2 for energy & natural resources: mining.
2012–2023
Legal 500 EMEA
The Legal 500 EMEA 2012–2023 recommended us in Tier 2 for mining.
2016–2022
IFLR1000
IFLR1000 2016–2022 ranked us in Tier 2 for Project development: Energy, Infrastructure and Minin
Ranked Practitioners
Chambers Global
Chambers Global 2017–2023 ranked our Mining & Minerals sector in Band 2 for energy & natural resources: mining.
Legal 500 EMEA
The Legal 500 EMEA 2012–2023 recommended us in Tier 2 for mining.
IFLR1000
IFLR1000 2016–2022 ranked us in Tier 2 for Project development: Energy, Infrastructure and Minin