HIGHLIGHTS: MINING CHARTER, 2018
ELEMENT
SALIENT POINTS
Ring-fenced elements: Ownership and Mine Community Development; 100% compliance required at all times.
OWNERSHIP
Existing mining rights:
New mining rights – Minimum 30% distributed as follows:
5% non-transferable carried interest to host communities, comprising 5% equivalent of the issued share capital of the mining right holder, at no cost to a trust or similar vehicle set up for the benefit of all host communities
It sets targets for licences granted under the Precious Metal Act, 2005 and the Diamonds Act, 1986; and threshold for precious metals jewellers and beneficiators.
MINE COMMUNITY DEVELOPMENT
Mine community: communities where mining takes place, major labour sending areas, adjacent communities within a local municipality, metropolitan municipality or district municipality.
A mining right holder must meaningfully contribute towards Mine Community Development, in keeping with the principles of the social license to operate.
The Trust or similar vehicle to oversee implementation of the 5% equity equivalent should have - at minimum - representation from host communities (including Community Based Organisations and Traditional Authorities where applicable) and mining companies.
The Trust to identify community development needs and develop a host community development programme (to be published in at least 2 local languages), fund distribution, governance and organisation.
Administration costs, project management and consultation fees of the Trust may not exceed 8% of the total budget.
Community development programme approved under this element shall not substitute Social and Labour Plan (SLP) commitments
Mining right holders operating in the same area may collaborate on identified projects to maximise the socio-economic developmental impact, in line with their approved SLPs. Approved SLPs must be published in English and a dominant language(s) commonly used within the mine community.
EMPLOYMENT EQUITY
INCLUSIVE PROCUREMENT, SUPPLIER AND ENTERPRISE DEVELOPMENT
BENEFICIATION
HOUSING AND LIVING CONDITIONS
HUMAN RESOURCE DEVELOPMENT