Mineral and Petroleum Resources Development Act, 2002

Act 28 of 2002, assented to on 3 October 2002.
Also known as MPRDA

Download this Act in PDF here.

This MPRDA was amended by the Minerals and Petroleum Resources Development Amendment Act 49 of 2008.

In 2008 a principle agreement was concluded between the Minister of Environmental Affairs and Tourism and the Minister of Minerals and Energy (as they then were) regarding the transfer of the environmental authorisations (EIA) function in respect of mining activities from the Department of Mining under the Minerals and Petroleum Resource Development Act, 2002 (MPRDA) to the Department of Environmental Affairs and provincial environment departments under the National Environmental Management Act, 1998 (NEMA). According to this agreement, both Departments would effect the necessary legislative changes to the MPRDA and NEMA respectively, and that the transfer of function would then be effective 18 months from the date on which the last amendment act came into effect. This is reflected in S.14(2) of National Environmental Management Amendment Act 62 of 2008. The National Environmental Management Amendment Act 62 of 2008 was promulgated on 5 January 2009, and came into effect on 1 May 2009, making all the necessary changes to NEMA. The Minerals and Petroleum Resource Development Amendment Act 49 of 2008 was promulgated on 19 April 2009, but has not yet been brought into effect by the Minister of Mineral Resources.

Regulations issued under this Act (not complete list):

• Mineral and Petroleum Resources Development Regulations (R.527 in Government Gazette 26275, 23 April 2004). The electronic version of these regulations is too big to upload. Please contact the Centre who will assist you.

Notices issued under this Act (not complete list):

• Moratorium under section 49 of the MPRDA on receiving of new applications for prospecting rights in terms of section 16 of the Act for a period of 6 months, from 1 September 2010 until 28 February 2011, R.768, Government Gazette 33511, 31 August 2010
• South African Agency for Promotion of Petroleum Exploration and Exploitation (Pty) Ltd (Petroleum Agency SA): Moratorium under section 49 (1), R.54, Government Gazette No. 33988, 1 February 2011
• There are also a number of exemptions for organs of state from certain provisions of the MPRDA published in government notices. These include the Airports Company of South Africa Limited, the African Exploration Mining Finance Corporation and various municipalities.

• The so-called “Fanie Botha Accord”, 1975