Mine Health and Safety Legal Updates

2024

2023

2022

HEALTH & SAFETY LEGISLATION

NOTICES:

Mineral and Petroleum Resources Development Act 28 of 2002

AMENDMENTS TO REGULATION 2(1) OF THE REGULATIONS UNDER THE ACT

The Minister of Mineral Resources and Energy published the proposed amendments to regulations 2(1) of the Act for public comment. Interested parties are invited to submit written representation on the draft Regulation on or before 12 April 2022, for attention Ms Stella Mamogale, at representations@dmre.gov.za. Published under Government Notice R1803, Government Gazette 45982 of 28 February 2022.

PUBLICATION OF THE ARTISANAL AND SMALL-SCALE MINING POLICY 2022 FOR IMPLEMENTATION

The Minister of Mineral Resources and Energy published the Artisanal and Small-Scale Mining Policy, 2022 for implementation in terms of the Mineral and Petroleum Resources Development Act 28 of 2022, w.e.f date of publication of the notice in the Government Gazette. Published under Government Notice R1938, Government Gazette 46124 of 30 March 2022.

MINE COMMUNITY RESETTLEMENT GUIDELINES, 2022

The Minister of Resources and Energy published the Mine Community Resettlement Guidelines, 2022 for implementation, w.e.f publication of the notice in the Government Gazette. Published under Government Notice 1939, Government Gazette 46125 of 30 March 2022.

Occupational Diseases in Mines and Works Act 79 of 1973

AMOUNTS TO INCREASE BENEFITS

The Minister of Health amended the amounts appearing in sections 80(2) and 80(3) of the Act so as to increase benefits, w.e.f. 1 April 2022. Published under Government Notice 1972, Government Gazette 46164 of 1 April 2022.

Labour Relations Act 66 of 1995

CODE OF PRACTICE: MANAGING EXPOSURE TO SARS-COV-2 IN THE WORKPLACE, 2022

The Minister of Employment and Labour issued the abovementioned Code of Good Practice in terms of section 203(2A) of the Labour Relations Act 66 of 1995 w.e.f the date of lapsing of the Declaration of a National State of Disaster declared under GN313 of 15 March 2020. The following sections of this Code of Practice apply to mines:
18. Limited application to mines, mining areas and works
If an employer of a mine, mining area or works requires its employees to be vaccinated as part of its mandatory code of practice prepared and implemented in terms of the Guideline for the Compilation of a Mandatory Code of Practice for the Prevention, Mitigation and Management of COVID19 Outbreak, section 12(4), (5) and (6) applies to any employee who refuses or fails to be vaccinated.
Published under Government Notice R.1876, Government Gazette 46043 of 15 February 2022.

 
 

Sources

Our sincere gratitude to the following valuable sources:

  • SA Government Online Information Services
  • IOL
  • DOL
  • DMR
  • Sabinet

HEALTH & SAFETY LEGISLATION

NOTICES:

Mineral and Petroleum Resources Development Act 28 of 2002

NOTICE ON THE IMPLEMENTATION OF THE REGULATION 2(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004, FOR IMPLEMENTATION

The Minister of Mineral Resources and Energy published a notice on the implementation of the Regulation 2(1) of the Mineral and Petroleum Resources Development Regulations, 2004, as published in the GG 45982 of 28 February 2022. Regulation 2(1) is now substituted with the following regulation:
“(1) An application for any permission, right or permit made in terms of the Act must be lodged by submitting an appropriate compatible electronic completed form contained in Annexure I, together with the prescribed annexures in compatible electronic format with the Regional Manager in whose region the land, area, block or blocks is situated or the designated agency as the case may be –
a) by hand
b) registered post, or
c) electronically on the Department’s official website address, Petroleum Agency of South Africa’s official website or the relevant address specified in the appropriate form.”
Published under Government Notice 2179, Government Gazette 46587 of 22 June 2022.

Draft Mine, Health & Safety Amendment Bill, 2022

PUBLICATION OF THE DRAFT MINE, HEALTH & SAFETY AMENDMENT BILL, 2022 FOR PUBLIC COMMENT

The Minister of Mineral Resources and Energy published the Draft Mine, Health & Safety Amendment Bill, 2022, for public comment. Interested and affected parties were invited to submit written representations on the Bill for attention Ms Stella Mamogale at Representations@dmre.gov.za, on or before 29 July 2022. Published under Government Notice 1089, Government Gazette 46546 of 15 June 2022.

 
 

Sources

Our sincere gratitude to the following valuable sources:

  • SA Government Online Information Services
  • IOL
  • DOL
  • DMR
  • Sabinet

HEALTH & SAFETY LEGISLATION

NOTICES

Mineral and Petroleum Resources Development Act 28 of 2002

AMENDMENT OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004

The Minister of Mineral Resources and Energy amended Regulation 2(1) of the Mineral and Petroleum Resources Development Regulations of 2004 w.e.f. the date of publication of the Notice in the Government Gazette. Regulation 2(1) is substituted with the following sub-regulation:
“(1) An application for any permission, right or permit made in terms of the Act must be lodged by submitting an appropriate compatible electronic completed form contained in Annexure I, together with the prescribed annexures in compatible electronic format with the Regional Manager in whose region the land, area, blocks or block is situated or to the designated agency, as the case may be –
(a) by hand;
(b) registered post; or
(c) electronically on the Department’s official website address, Petroleum Agency of South Africa’s official website, or the relevant address specified in the appropriate form.”
Government Notice 2179, published in Government Gazette 465878 of 22 June was repealed.
This notice was published under Government Notice R2243, Government Gazette 46673 of 6 July 2022.

Occupational Diseases in Mines and Works Act 78 of 1973

INCREASE OF PENSION BENEFITS

The Minister of Health increased benefits which are payable from the State Account of the Compensation Fund as follows:
1. Increase pension benefits by CPI of 4.8 % per pensioner beneficiary per month with effect from 1 April 2022;
2. Increase the one-sum benefit payable to the widow of the deceased pensioner from R47 495 to R49 775 with effect from 1 April 2022.
Published under Government Notice 2344, Government Gazette 47197 of 5 August 2022.

 
 

Sources

Our sincere gratitude to the following valuable sources:

  • SA Government Online Information Services
  • IOL
  • DOL
  • DMR
  • Sabinet

HEALTH & SAFETY LEGISLATION

NOTICES:

MINE HEALTH AND SAFETY ACT 29 OF 1996

AMENDMENT OF THE REGULATIONS RELATING TO CERTIFICATES OF COMPETENCY

The Minister of Mineral Resources and Energy intends to amend regulation 28.10 and 28.12 to the Minerals Act, 1991, which regulations are still applicable in terms of Schedule 4 of the Mine Health and safety Act 29 of 1996. Interested persons were invited to send their comments on the proposed regulations within thirty days of publication of the notice to the Chief Inspector of Mines, Department of Mineral Resources and Energy, at mhsi.gazette@dmre.gov.za. Published under Government Notice 2509, Government Gazette 46918 of 19 September 2022.

 
 

Sources

Our sincere gratitude to the following valuable sources:

  • SA Government Online Information Services
  • IOL
  • DOL
  • DMR
  • Sabinet
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