Mineral regulatory compliance

WHY COMPLIANCE
Compliance as a concept has far more intrinsic value and benefit than mere avoidance of regulatory disciplinary action and penalties. By embracing a holistic compliance culture companies enhance the quality of business operations, thereby not only ensuring organisational success but also cultivating a meaningful relationship with their industry regulators. Compliance should no longer be viewed as a necessary evil, but rather as a very important tool in the pursuit of good governance.

ABOUT THE COURSE
During this course participants will be introduced to the central concepts of South African mineral regulatory compliance. They will be furnished with an in-depth knowledge of relevant legislation, policy and regulations. Participants will also be provided with a comprehensive understanding of the specific compliance obligations intrinsic to these legal documents. The course will culminate in a written assessment on the last day, with the presentation of a certificate of completion to successful candidates.

WHO WILL BENEFIT FROM THIS COURSE?
The course will be beneficial to anyone with an interest in the field, but will be of particular advantage to individuals who are active in the mining industry, and who are responsible for their respective organisations' regulatory compliance.

COURSE OUTLINE
Mineral regulatory compliance has its origins in the various pieces of industry-specific legislation, and as such, we will be examining these both holistically as well as individually.

History
"Past to Present:" A historic South African perspective

Legislative Framework
MPRDA - Mineral and Petroleum Resources Development Act 28 of 2002
Regulations - Mineral and Petroleum Resources Development Regulations
Charter - Broad-Based Black Economic Development Charter for the Mining and Minerals Industry 2002 and Revision of 2010
Codes of Good Practise for the Minerals Industry 2009
MHSA - Mine Health and Safety Act 29 of 1996
NEMA - National Environmental Act 107 of 1998
Housing and Living Conditions Standard for the Minerals Industry of 2009

MPRDA
Preamble
Fundamental principles
Compliance elements

Regulations
Interrelation with MPRDA
Compliance elements
Forms

Charter
Compliance elements
Objectives
Reporting formats

Codes of Good Practise
Touch points with Charter
Expansion of obligations

MHSA
Basics
Compliance elements
SAMRASS reporting

NEMA
Objective
Compliance element

EXAMINATION DETAILS
- One one-hour assessment will be given on the first day to establish the level of knowledge among participants. This assessment will have no bearing on the final examination to be completed on the last day.
- One two-hour exam on the last day of the course. A passing percentage for this exam is 75%.

COURSE PRESENTER
Armand van As is a compliance specialist with The Mining Solution, having been involved with and garnering experience from both the mining industry and regulators.

COURSE CONVENOR
Prof Hanri Mostert's original interests in property law matured into specialisations in land law and mineral law. In these fields, she has contributed to the most authoritative sources on South African law, addressing issues of constitutional property protection, landlessness, tenure security, restitution, nationalisation, land governance and mineral resource regulation. Her work has had impact both locally and internationally, through her involvement in the International Alliance for Land Tenure and Administration, and the support she provided to the South African Law Commission, World Bank and various legal teams in international and national litigation on matters relating to mineral law and land law. Her work emphasises the state's duties to achieve better living standards and ensure responsible individual autonomy. She defends the notion of engaged citizenship in the enhancement of freedom and quality of life for individuals and the community and comments on the role of the judiciary in building a society subscribing to principles of accountability and trust in property law. Her latest monograph, Mineral Law - Principles and Policies in Perspective (Juta, 2012), was cited with approval by the Supreme Court of Appeal and relied on extensively by the Constitutional Court in South Africa in a recent matter pertaining to the constitutionality of the transitional provisions to the Mineral and Resources Development Act 28 of 2002.

An editor and major contributor to two of the most authoritative commentaries on South African mineral law (Mineral and Petroleum Law of South Africa, Juta, 2004, with PJ Badenhorst; and LAWSA's encyclopaedic volume (vol 18) on Minerals and Petroleum, 2007, with PJ Badenhorst and M Dendy), Prof Mostert has now embarked on a project to create a book series dealing with the mineral laws of Africa, and build a network of African mineral law specialists. These ventures will expand the South African Mining Law Library hosted by Juta Law Publishers significantly. With the same publisher she is working on a series of opinion pieces on law, the first of its kind in South African legal publishing. She was also invited to contribute to the next edited volume of the International Bar Association's Academic Advisory Group Section on Energy and Natural Resources, an Oxford University Press publication due to appear soon.

Prof Mostert is rated by the National Research Foundation (NRF) as an internationally renowned researcher. She held fellowships of the Commonwealth Programme, the Max Planck Foundation, the German Academic Exchange Service and the Alexander Von Humboldt Foundation. The South African Department of Science and Technology named her the runner-up for the Young Women in Science Award 2012.

REGISTRATION DETAILS
Programme and venue information:
Signing in will commence at 9:00 unless otherwise advised and each day will end at approximately 17:00.

Award of certificate:
Everyone who obtains 75% and above for the two-hour exam on the last day of the course will be awarded a UCT certificate of completion. All other participants will receive a certificate of attendance, if they attend a minimum of 80% of the lectures.

Closing date for registration:
One week prior to the course.

Registration and enquiries:
Please contact the Professional Development Project:
Paula Allen on 021 650 5558
Andrea Blaauw on 021 650 5413
Fax:021 650 5513
Email:az.ca.tcu@nella.aluap/az.ca.tcu@wuaalb.aerdna/az.ca.tcu@llafressaw.aneri
OR visit our website:www.lawatwork.uct.ac.za to download the registration form.

Date: 16 March 2015 to 20 March 2015
Time: 09:00 - 17:00
Venue: Cape Town
Cost: R15000/delegate. Includes course material, parking, teas, lunches for the week

More info:

Instructions regarding the programme and directions to the venue will be sent to you electronically a week prior to the event.

Date: 20 July 2015 to 24 July 2015
Time: 09:00 - 17:00
Venue: Cape Town
Cost: R15000/delegate. Includes course material, parking, teas, lunches for the week

More info:

Instructions regarding the programme and directions to the venue will be sent to you electronically a week prior to the event.