Berts Bricks Implications

The recent unreported decision of the North Gauteng High Court in Bert's Bricks (Pty) Ltd and Another v the Inspector of Mines, North West Region and Others has important implications for mining companies and companies which process minerals. The case examined whether production facilities situated close to and on the same farm as a mining operation are governed by the Mine Health and Safety Act, 1996 ("MHSA").

Although the case focused on mine health and safety issues, and even though the State respondents did not place any evidence before the court, the court's reasoning has important consequences for what constitutes a "mining area" for purposes of the MHSA and the MPRDA, and specifically part (ii) of the definition of "mining area" which relates to "any environmental, health or social and labour matter".