• INSIGHT
It requires a full impact assessment within a fixed timeline, and that built-in delay often becomes the stage at which disputes emerge and negotiations begin. Internal administrative appeals become applicable once a decision on an application for environmental authorisation is made, and any appeal suspends the decision. Such challenges are time-consuming, and many companies or communities only intervene once matters are already advanced.
Communities also add another layer of complexity that companies cannot ignore. In the example, the local community had deep historical ties to the land as part of a traditional community that suffered under historically discriminatory laws. They were recognised by the iron ore miner but not by the manganese miner, and actively opposed the manganese miner ' s prospecting rights application and pushed back when the applicant tried to work through local government structures to have the community evicted. Communities increasingly act as decisive stakeholders, shaping whether operations can proceed smoothly, influencing regulatory attitudes and affecting the long-term viability of a project. This demonstrates the importance of recognising and respecting traditional and local communities as material stakeholders who must be involved from the beginning.
Environmental impacts and compliance compound the challenge. In another dispute, a silica sand miner damaged a wetland that should have been protected. Regulators sought to hold both the silica sand operator and the coal miner responsible for rehabilitation, given that the coal miner would have also, eventually, mined part of the area to get to the coal. Neither operator caused the damage alone, but both were exposed to the cost. This is the reality of shared landscapes. When activities overlap geographically or hydrologically, liability is often shared rather than allocated strictly. Traditional due diligence does not capture this risk properly, and many companies remain exposed.
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A stronger form of due diligence is now essential. It must include a full assessment of existing rights, pending applications and how those activities interact operationally. It must involve early engagement with incumbents, communities and environmental authorities before the regulatory timelines lapse. And it must account for the sequencing risks created or the risk of an operator being liquidated.
The deeper problem is not that overlapping rights exist, but that the framework assumes co-operation among operators without offering any mechanism to ensure it. Companies that treat overlap as a predictable operational condition, rather than a surprise event, place themselves in a far stronger commercial position. They reduce cost, avoid protracted disputes, and maintain more stable relationships with regulators, other rights holders and the communities whose support defines their ability to operate. •
Communities also add another layer of complexity that companies cannot ignore.
• BUYER ' S GUIDE
AUTOMATION AND SENSORS
CONDITION MONITORING
DISTRIBUTOR OF DIESEL ENGINES
CLEANING PRODUCTS
DISTRIBUTOR OF PUMPS
DISTRIBUTOR OF PUMPS
ACOUSTIC & THERMAL INSULATION
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38 • African Mining • June 2026 www. africanmining. co. za