What is the difference between a prospecting right and a mining permit?

A prospecting right allows exploration only. A mining permit covers small-scale mining on a limited area for a limited period, while a mining right covers larger, longer-term mining.

Can a landowner refuse prospecting?

A landowner must be consulted and can object, and their concerns must be considered, but consent alone does not decide the outcome — the department does.

Do I need environmental authorisation for drilling?

Yes. Prospecting with bulk sampling or drilling triggers environmental authorisation and an approved environmental management programme.

Can a prospecting right be transferred?

Only with ministerial consent under section 11 of the MPRDA.

Mining & Agriculture

Prospecting Permit

In plain English

A prospecting right allows you to search for minerals on a defined piece of land. It is granted by the Department of Mineral Resources and Energy under the Mineral and Petroleum Resources Development Act 28 of 2002, and applications are lodged through the SAMRAD online system.

View requirements Visit official website

Who needs this permit

Companies and individuals who want to explore for minerals — drilling, sampling, geophysical surveys — before deciding whether to mine.

When is it required

Before any prospecting activity. Prospecting without a right is an offence under the MPRDA.

Eligibility

You have access to the financial resources and technical ability to prospect optimally
The prospecting will not result in unacceptable environmental damage
You are not in contravention of the MPRDA
The land is not already covered by another right for the same mineral

Documents you need before applying

SAMRAD online application with the prescribed forms
Prospecting work programme
Environmental authorisation and an environmental management programme
Proof of technical ability and financial capacity
Company registration documents and B-BBEE information
Proof of consultation with the landowner, lawful occupier and interested and affected parties

Download a printable checklist

A one-page PDF of everything you need to bring with you. Tick items off before you go.

How to apply — step by step

1
Check the SAMRAD map for the property
The department's online cadastre shows which farms and portions already carry rights or pending applications for a mineral.
2
Lodge the application on SAMRAD
Applications must be lodged electronically with the regional office of the Department of Mineral Resources and Energy.
3
Consult the landowner and affected parties
Written consultation with the surface owner and lawful occupiers is compulsory, and objections are considered before a decision.
4
Submit the environmental authorisation application
Since the 'one environmental system', environmental authorisation for prospecting is issued by the department under NEMA and must accompany the right.
5
Notarially execute and register the right
Once granted, the right must be executed and registered at the Mineral and Petroleum Titles Registration Office within the prescribed period.

Where, how much, how long

Where to apply

The Department of Mineral Resources and Energy regional office via the SAMRAD online portal.

Fees

An application fee plus prospecting fees and the cost of specialists and environmental studies, which typically dwarf the state fees.

Processing time

Several months. Statutory timeframes apply but consultation, environmental authorisation and objections extend the process in practice.

Validity

Up to five years.

Renewal

Renewable once for up to three years, on application before expiry.

Common mistakes to avoid

Starting fieldwork before the right is granted and executed
Inadequate landowner consultation, which is a common ground for appeal
Missing the deadline to execute and register the granted right
Confusing a prospecting right with a mining permit — they are different instruments