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Mineral and Petroleum Resources Development Act No. 28 of 2002

May 1, 2004 at 12:00 am

The Mineral and Petroleum Resources Development Act (MPRDA)

Amendments to and interpretation of this Act

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When a law repeals wholly or partially any former law and substitutes provisions for the law so repealed, the repealed law shall remain in force until the substituted provisions come into operation.”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 This Act repealed section 14(2) of the National Environmental Management Amendment Act, 2008, which brought the sections specified in section 94(2) of the MPRD Amendment Act,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.

Draft Amendments to 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.

See more detailed coverage of the MPRDA Amendment Bill here.

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.

Regulations

Notices

Declarations in terms of Section 49 of the MPRDA (moratoriums)

Invitations for comments

Declarations

Guidelines

Also see

Draft Notices and Regulations

Section 24 of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

Report a Violation

National Environmental Crimes & Incidents Hotline (24 hours): 0800 205 005

In addition, there are a number of national and provincial hotlines that may be useful.

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