Centre for Environmental Rights – Advancing Environmental Rights in South Africa

The MPRDA was amended by the Minerals and Petroleum Resources Development Amendment Act 49 of 2008, but be sure to read the two proclamations (Proclamation No. 14 of 2013 and Proclamation No. 17 of 2013) that brought the 2008 Amendment Act into effect, and suspended some of its provisions.Therefore, notwithstanding the coming into force of the 2008 Amendment Act, the commencement of certain provisions is suspended for 18 months by section 94(2) of that Act, commencement of other provisions is suspended indefinitely by the 6 June 2013 Proclamation, while the commencement of still further provisions is suspended as a matter of law in terms of section 11 of the Interpretation Act, 1957 which provides:

“11. Repeal and substitution

When a law repeals wholly or partially any former law and substitutes provisions for the law so repealed, the repealed law shall remain in force until the substituted provisions come into operation.”

On 2 September 2014, the National Environmental Management Laws Amendment Act, No. 25 of 2014 came into force. This Act repealed section 14(2) of the National Environmental Management Amendment Act, 2008, which brought the sections specified in section 94(2) of the MPRD Amendment Act, 2008 into force 18 months after the promulgation of this Act.

On 3 September 2014, the Department of Environmental Affairs released a media statement, which suggests that it is of the opinion that the sections specified in section 94(2) of the MPRD Amendment Act, 2008 will still commence 18 months after the coming into force of this Act.

The Minister of Mineral Resources introduced the Mineral and Petroleum Resources Development Bill [Bill 15-2013] in the National Assembly in June 2013. It is a proposed section 75 bill, and the explanatory summary of the Bill was published in Government Gazette No. 36523 of 31 May 2013. The Bill was re-tagged by the Joint tagging mechanism of Parliament as a section 76 Bill. Both National Assembly and the National Council of Provinces have approved the Bill and is currently before the President for his assent. Download the Bill as approved by Parliament. See also the changes made by Parliament to this Bill during the Parliamentary process.See the MPRDA with the amendments proposed by the Bill incorporated.

On 16 January 2015, President Zuma addressed a letter to Parliament advising it that the Bill does not “pass Constitutional muster.” The Bill was accordingly referred back to Parliament in terms of section 79(1) of the Constitution.

In 2008 an 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.

• Mineral and Petroleum Resources Development Regulations (23 April 2004)
  • Amendment to the Mineral and Petroleum Resources Development Regulations (Government Gazette Number 43172, Regulation Notice 420). Amendment in force from date of publication – 27 March 2020.
  • Amendment to Regulation 2(1) of the MPRDA Regulations (28 February 2022) which commenced from 22 June 2022.
• Regulations for Petroleum Exploration and Production (3 June 2015) [Please note that these regulations were declared unlawful by the High Court on 17 October 2107 in the matter of Stern N.O. and others v Minister of Mineral Resources and by the Supreme Court of Appeal in Minister of Mineral Resources v Stern & others (1369/2017) and Treasure the Karoo Action Group & another v Department of Mineral Resources & others (790/2018) [2019] ZASCA 99 (4 July 2019)

• Division of the Republic into regions (30 April 2004)
• Designation of the Petroleum Association of South Africa (Proprietary) Limited (18 June 2004)
• Exemption of organs of state (25 June 2004)
• Codes of Good Practice for the Minerals Industry (29 April 2009)
• Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry (27 September 2018); see also the amendment of the Mining Charter (20 December 2018)
• Exemption of the National research Foundation from sections 16, 20, 22 and 27 of the Act in respect of any activity to remove any mineral within its area of jurisdiction for the construction of roads and infrastructure incidental to the Square Kilometer Array project (15 November 2019)
• Notice in terms of Section 49(3) (a) to lift a Restriction or Prohibition on the Granting of Applications for Reconnaissance Permits, Technical Co-operation Permits, Exploration Rights and Production Rights (20 December 2019)

Invitations for comments

• Chrissiesmeer Biodiversity Site (4 March 2011)
• Land in respect of which rights or permits had lapsed (9 May 2011)
• Land in respect of which rights or permits had lapsed (6 February 2012)
• Land in the Free State (19 October 2012)
• Hydraulic fracturing in the Karoo (16 November 2012)
• Hydraulic fracturing in the Karoo (3 February 2014)
• Mapungubwe buffer zone (12 September 2014)
• Xolobeni (15 September 2016)
• Restriction on the granting, renewal and transfer of all new prospecting and mining rights in South Africa (19 July 2017)
• Xolobeni (3 August 2018)

Declarations

• Prospecting in Mpumalanga (31 August 2010)
• Hydraulic fracturing in the Karoo (1 February 2011)
• Prospecting in Mpumalanga (28 February 2011)
• Prospecting in Mpumalanga (31 March 2011)
• Certain land (24 May 2013)
• Hydraulic fracturing (3 February 2014)
• Land in the Free State (31 October 2014)
• Xolobeni (9 June 2017)
• Restriction on the Granting of new Applications for Technical Co-operation Permits, Exploration Rights and Production Rights under the MPRDA (28 June 2018)

Lifting of Restrictions under Section 49 of the MPRDA

• Notice in terms of Section 49(3) (a) to lift a Restriction or Prohibition on the Granting of Applications for Reconnaissance Permits, Technical Co-operation Permits, Exploration Rights and Production Rights (20 December 2019) which lifted the Restrictions imposed on South Africa’s exclusive economic zone (28 June 2018)

• Guideline for Consultation with Communities and Interested and Affected Parties
• Revised Social and Labour Plan Guidelines October 2010
• Guideline for the Compilation of an Environmental Impact Assessment and an Environmental Management Plan
• Guideline for the Compilation of an Environmental Management Plan
• Guideline for the Compilation of a Scoping Report
• Guideline for the Renewal of a Mining Right
• Guideline for a Prospecting Work Programme
• Guideline for a Mining Work Programme
• Implementation Guidelines for the Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry (20 December 2018)

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

• Draft Reviewed Broad-based Black Economic Empowerment Charter for the South African Mining and Minerals Industry (15 April 2016)
• Draft reviewed housing and living conditions standard for the minerals industry (20 March 2019)
• Invitation for written comments on a proposed investigation in terms of section 50 (12 July 2019)
• Draft amendments to the Mineral and Petroleum Resources Development Regulations (28 November 2019)
• Invitation to comment on draft Mine Community Resettlement Guidelines (4 December 2019).