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Illegal Mining
INTRODUCTION
ASPASA has experienced that there is a misunderstanding of illegal mining in SA. The public,
but also officials are not sure what “illegal” mining means.
The Law
The Mineral and Petroleum Resources Development Act 28 of 2002, under chapter 1 gives
certain definitions and we first need to look at these.
The definition of mine means any operations or activity for the purpose of winning any
material.
Mineral means any substance occurring naturally in or on the earth and it includes sand,
stone, ground and soil.
A mining permit and mining right is also defined.
What does it mean?
Whatever is taken out of the ground or on top of the ground is seen as mining and a mining
permit or mining right must be obtained before mining starts.
The Royalty Act
If mining is or has been taking place, then the operation needs to be registered with SARS for
the Royalty Act.
Aspasa has the forms to register. If SARS catches mining operations taking place and no
registration has taken place the prosecution will follow under SARS efforts.
Please therefore report all illegal mining in your area.
Complete the attached document and return it to:
Fax: 0866477967 or email: office@asapsa.co.za
NICO PIENAAR
DIRECTOR - ASPASA
www.aspasa.co.za
P O Box 1983
Ruimsig
1732
email: office@aspasa.co.za
Tel: 011 791 3327
February 2011
Illegal Mining
Please complete this form and return to:
Fax: 0866477967
Email: office@sarma.co.za
Region in which operating:
Near which town:
Directions to get there:
Who is mining there?
Names
Contact Details
What is being mined?
Selling to Whom
Note: Information will be treated confidentially and will be submitted to the DMR, Green
Scorpions and SARS for follow up.