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

A Section 27 mining permit covers areas up to 5 hectares for up to 8 years. A Section 22 mining right covers larger areas and periods up to 30 years — with far more onerous consultation, EIA and SLP requirements.

Can I mine sand or gravel from my own farm without a permit?

Only for personal, non-commercial use in very small quantities. Any commercial removal of sand, gravel or clay requires a mining permit and environmental authorisation.

How long does the whole process take?

Six to twelve months is realistic — 60 statutory days for the DMRE decision plus 107 days for the EA and time for financial provision and MPTRO registration.

Do I need a water use licence too?

Yes if you divert, abstract or discharge water, or if your operation is within 500 m of a wetland or watercourse. Apply under Section 21 of the NWA in parallel with the mining permit.

Is a mining permit transferable?

Only with the Minister's written consent under Section 11 of the MPRDA. Unauthorised transfers make the permit invalid.

Mining & Agriculture

Small-Scale Mining Permit (MPRDA Section 27) in South Africa

In plain English

A mining permit under Section 27 of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) is issued by the Department of Mineral Resources and Energy for small-scale mining of an area of 5 hectares or less. It is valid for up to 2 years and can be renewed three times. Applications are lodged via the online SAMRAD portal and require an Environmental Authorisation, a Mine Works Programme and community consultation.

View requirements Visit official website

Who needs this permit

Small-scale miners, sand and clay operations, dimension stone quarries, alluvial gold and diamond diggers, and community mining cooperatives working on areas of 5 hectares or less.

When is it required

Before any mining or removal of minerals from the earth. Removing sand, gravel or stone without a mining permit or authorisation is an offence under Section 5 of the MPRDA.

Eligibility

Applicant is a South African citizen or an entity registered in South Africa
Mining area does not exceed 5 hectares
Estimated operational life is 2 years or less (renewable to a maximum of 8 years)
Applicant has the technical and financial capacity to mine and rehabilitate
Landowner consent has been obtained or land access has been formally negotiated

Documents you need before applying

Company registration documents (CIPC), BEE certificate and directors' IDs
SARS tax clearance certificate
Proof of technical and financial capacity
Mine Works Programme (MWP) prepared by a competent person
Environmental Authorisation under NEMA with an approved Environmental Management Programme (EMPr)
Landowner consent (or Section 54 notice served on the landowner)
Proof of consultation with interested and affected parties, communities and traditional authorities
Water Use Licence or General Authorisation under the NWA (if water is used)
Financial provision for rehabilitation (bank guarantee or trust)
Application fee proof of payment (R100 under Regulation 74)

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
Register on SAMRAD
Create an account on the SAMRAD online portal — the DMRE's electronic system for all mineral rights applications.
2
Lodge the mining permit application
Complete Form E on SAMRAD, upload the Mine Works Programme and pay the R100 application fee. The regional manager will accept or reject within 14 days.
3
Submit the environmental application
Within 60 days of acceptance, submit the Environmental Authorisation application with a Basic Assessment Report and draft EMPr through an EAPASA-registered EAP.
4
Complete consultation and public participation
Consult the landowner, occupiers, communities, ward councillor and traditional authority. Advertise, hold at least one open day, and register all comments.
5
Provide financial provision
Lodge a bank guarantee, trust or deposit equal to the assessed rehabilitation cost. No permit is issued without it.
6
Receive the mining permit
Once granted, the permit must be signed and registered at the Mineral and Petroleum Titles Registration Office within 30 days. Mining may commence only after registration.

Where, how much, how long

Where to apply

Regional office of the Department of Mineral Resources and Energy for the province where the mining area lies, via the SAMRAD online portal.

Fees

R100 application fee under MPRDA Regulation 74. Add EAP costs (typically R80 000–R400 000), specialist studies, and rehabilitation guarantee amounts.

Processing time

Statutory 60 days for the mining permit decision plus 107 days for the Environmental Authorisation. Real timelines are typically 6–12 months.

Validity

Up to 2 years.

Renewal

May be renewed a maximum of three times for 1 year each, up to a total of 8 years including the initial permit.

Common mistakes to avoid

Starting operations before Environmental Authorisation is issued — triggers Section 24G fines and criminal charges
Skipping landowner consultation — every refused permit has a consultation weakness
Under-scoping the rehabilitation financial provision
Confusing a mining permit (Section 27) with a mining right (Section 22) — anything above 5 hectares needs the mining right
Not registering the granted permit at MPTRO within 30 days — the permit lapses

Tips to speed up your application

Use SAMRAD from the start — paper applications are no longer processed
Appoint an EAP experienced in mining Basic Assessments — DMRE turnarounds are faster
Bundle the water use licence application to run in parallel with the EA