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n Without Prejudice - Will amendments to the MPRDA make foreign investment any easier? : mining law
The environment for international investors considering investment into the South African mining sector is unfortunately complicated and requires the investor to be aware of various critical issues, including in relation to:
- the mining specific statutory and regulatory framework (constituted in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA), the Mining Charter and the Codes of Good Practice),
- obtaining and maintaining ownership in relation to mining and prospecting rights,
- broad based economic empowerment (including community participation),
- environmental obligations,
- health and safety obligations,
- water use issues,
- exchange control regulations,
- regulations pertaining to the transfer of mineral rights,
- beneficiation requirements,
- labour related issues,
- competition law related issues,
- an understanding of corporate and tax laws, and
- an understanding and appropriate application of local and foreign antibribery and corruption laws.
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