Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)

Mineral and Petroleum Resources Development Regulations

Chapter 2 : Mineral and Petroleum, Social and Environmental Regulations

Part 2 : Social and Labour Plan

46.Contents of social and labour plan

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1)The contents of a social and labour plan must include the following:

a)A preamble which provides background information of the mine in question;

b)a human resources development programme which must include-

i)a skills development plan which identifies and reports on -

aa)the number and education levels of the employees which must be completed in the form of Form Q contained in Annexure II; and

bb)the number of vacancies that the mining operation has been unable to fill for a period longer than 12 months despite concerted effort to recruit suitable candidates which must be completed in the form of Form R contained in Annexure II;

ii)a career progression plan and its implementation in line with the skills development plan;

iii)a mentorship plan and its implementation in line with the skills development plan and the needs for the empowerment groups;

iv)an internship and bursary plan and its implementation in line with the skills development plan; and

v)the employment equity statistics which must be completed in the form of Form S contained in Annexure II and the mine's plan to achieve the 10% women participation in mining and 40% historically disadvantaged South Africans (HDSA) participation in management within 5 years from the granting of the right or the conversion of the old order right.

c)A local economic development programme which must include-

i)the social and economic background of the area in which the mine operates;

ii)the key economic activities of the area in which the mine operates;

iii)the impact that the mine would have in the local and sending communities;

iv)the infrastructure and poverty eradication projects that the mine would support in line with the Integrated Development Plan of the areas in which the mine operates and the major sending areas;

v)the measures to address the housing and living conditions of the mine employees;

vi)the measures to address the nutrition of the mine employees; and

vii)the procurement progression plan and its implementation for HDSA companies in terms of capital goods, services and consumables and the breakdown of the procurement which must be completed in the form of Form T contained in Annexure II.

d)processes pertaining to management of down scaling and retrenchment which must include-

i)the establishment of the future forum;

ii)mechanisms to save jobs and avoid job losses and a decline in employment;

iii)mechanisms to provide alternative solutions and procedures for creating job security where job losses cannot be avoided; and

iv)mechanisms to ameliorate the social and economic impact on individuals, regions and economies where retrenchment or closure of the mine is certain.

e)to provide financially for the implementation of the social and labour plan in terms of the implementation of -

i)the human resource development programme;

ii)the local economic development programmes; and

iii)the processes to manage downscaling and retrenchment.

f)an undertaking by the holder of the mining right to ensure compliance with the social and labour plan and to make it known to the employees.