In south africa, only one person can hold a valid prospecting or mining right for a particular mineral on land in terms of the governing mineral and petroleum resources development act, no 28 of 2002 mprda. Mineral petroleum development resources regulations the mprda regulations provide guidance on the processes and procedures of obtaining. The following are the references where the mprda been applied. The current mprda regulations do not prescribe the form or content in which a section 53 application is to be made to the minister. Mprda is defined as mineral and petroleum resources development act south africa frequently. The emerging legal framework for environmental auditing in. Amendment of the regulations by government notice r1288 in government gazette. Some 57 proposed amendments to the mprda are currently being considered by the national council of provinces ncop, the upper house of the south african parliament. Gareth driver, director slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Mprda amendment calls for blackcontrol of smallscale mining. In this alert, we highlight the amendments in the mineral and petroleum resources development bill mprda bill that have been approved. Department are the mineral and petroleum development act 28 of 2002 and.
Energy 1,614 view usgs mineral resources program nb ta kr5s14d4 1,802 view brooks range petroleum eni. In mining alert 220 and 320 we discussed the cabinet approval of the mineral and petroleum resources development bill 2012, at the end of may 20, for tabling in parliament, and some of the more important proposed amendments. Printed by uppc, entebbe, by order of the government. If the pdf file was created from a document created electronically e. Oct 19, 2012 title slide of section 11 of the mprda. Mineral and petroleum resources development amendment bill. A new system aimed at improving the competitiveness of south africas mining sector came into effect on monday, 8 december, the departments of mineral resources and environmental affairs said in a joint statement on tuesday. Advocate geoff budlender, acting on behalf of the offshore petroleum association of south africa opasa, presented an opposing view, however. The quantum of the financial provision was determined under regulations 53.
Mineral and petroleum resources development amendment act 49 of 2008 gazette no. How is mineral and petroleum resources development act south africa abbreviated. A 30day period, ending on 9 october 2016, has been granted to comment on the proposed changes. Mineral and petroleum resources development act 28 of 2002 as. Krause, centre for applied legal studies, university of. A consideration of the amendments to nema, the mineral and petroleum. Section 24p financial provision for remediation of environmental damage. Custodianship of nations mineral and petroleum resources. Cliffe dekker hofmeyr minister publishes draft amendments. The purpose of the mineral and petroleum resources development act, 2002, act no 28 of 2002 mprda is amongst others to transform the mining and production industries in south africa.
Revision 201400 3 onp introduction 2 in south africa, the department of environmental affairs dea has been promoting the concept of integrated environmental management iem since the 1980s. Amendment of the regulations by government notice r1288 in. Petroleum resources amendment bill b1520, national environmental management laws second amendment bill b2012, marine mandates, emissions matters. Short title and commencement schedule i repeal or amendment of laws schedule ii transitionalarrangements 1. Regulation 554 adds that the holder of the mining right may appoint an independent competent persons to conduct a performance assessment and compile a. The mineral and petroleum resources development act of. In order to ensure effective transformation in this regard, the act requires the submission of the social and labour plan as a prerequisite for the granting. Mprda section 1 section 3 section 6 a final vision. While the objective of improving cooperative governance and streamlining or coordinating the environmental regulation of mining activities is clear, the implementation of these provisions has been pending over four years now. The holder of a right as described in the relevant sections of the mprda and its regulations must provide the department of minerals and energy dme with. The mining right should be set aside in its entirety and, given the extreme environmental sensitivity of the area, the mining right must be suspended pending the outcome of. Although the bill is still in draft form, the department of mineral resources dmr has invited interested parties to make written submissions on.
Regulations regarding the planning and management of. New laws will streamline sa mining brand south africa. Regulations regarding the planning and management of residue. This the minister did by promulgating the mineral and petroleum resources royalty act, 2008 as well as the mineral and petroleum resources royalty administration act, 2008, both of which are administered.
The centre recommended that the mprda bill be scrapped in its entirety and that the drafting process be started afresh to allow for the dmrs proposed amendments to be included. To ensure that no conflicting rights are granted, an application system akin to queuing is used. Mineral and petroleum resources development amendment bill pmg. Section 41 of the mprda and regulations 53 and 54 promulgated in terms of the mprda deal with financial provision for mine rehabilitation and closure. Resources development act mprda and regulations issued under nema since june 2010 makes for interesting reading. Text in both pdf a1 and pdf a2 files can be searched. Studies, the social and labour plan series phase 1. The mineral and petroleum resources development act of 2002. The minister of minerals and energy has, under section 1071 of the mineral and petroleum and resources development act, 2002 act no. Application for use of surface of land contrary to the objects of the act. Minister publishes draft amendments to mprda regulations. Resources development act mprda and regulations issued under nema.
Regulation 554 adds that the holder of the mining right may appoint an independent competent persons to conduct a performance assessment and compile a par. Mprda is listed in the worlds largest and most authoritative dictionary database of abbreviations and acronyms. Local content south africa mining and petroleum ccsi. Mine closure, rehabilitation and retention of financial. Mineral and petroleum resources development act department of.
The mprda regulations require the submission of closure objectives as part of the draft environmental management programme emp environmental management programme report empr and which must contain zthe key objectives for mine closure to guide the project design. Related with mineral and petroleum resources development act. The draft amendments also propose repealing all regulations in the mprda regulations relating to environmental matters, save for regulations 56 principles of mine closure, 57 application for mine closure, 61. Continuation of regulations regulating authorisations for activities in certain. Notice of disability act in compliance with the americans with disabilities act of 1990, apta will. An ascii american standard code for information interchange file is any form of text file that can be interchanged between different users and interpreted through any software. Mineral and petroleum resources development act 28 of 2002 gazette no.
Minerals and energy laws amendment act 11 of 2005 gazette no. Mprda heading for same legal wrangling as mining charter. The minister of finance must, in terms of section 34 of the mprda determine and levy the state royalty by means of an act of parliament. Application for a prospecting right to carry out prospecting activities including bulk sampling as per section 20 of the mprda as amended. Share many similarities with reg 73 of mprda regulations what gives them effect national environmental management. Publication of amendments to the mineral and petroleum resources development regulations for implementationmprda. Minister must develop regulations relating to procedures applicable to invitation of rights in terms of section 9.
If the pdf was created from a scanned version of a paper document, optical character recognition ocr will need to be applied to make the text searchable. Minister must take into consideration the ouncils advice when. The old commonlaw principles are therefore no longer applicable. The nature and articulation of ethical codes on tailings management in south africa article pdf available in geosciences switzerland 74. Financial provisioning regulation, 2015 gnr 1147 nema requires the following. The social and labour plan series home wits university. Mineral and petroleum resources development act mprda is an act of the parliament of south africa. Mineral and petroleum resources development regulations the minister of minerals and energy has, under section 1 071 of the mineral and petroleum resources development act, 2002 act no. On 28 november 2019, the minister of mineral resources and energy minister published draft amendments to the mineral and petroleum. The mprda regulations have not been repealed and are. Mprda stands for mineral and petroleum resources development act south africa. New fracking regulations for south africa lexology. Minister must consult with relevant stakeholders when developing terms and conditions applicable to both state participation and beneficiation.
Assuring your compliance to the new mine closure provisioning. Mineral and petroleum resources development act, 2008. Mineral and petroleum resources development act, 2002 act no. Aug 22, 2017 the centre recommended that the mprda bill be scrapped in its entirety and that the drafting process be started afresh to allow for the dmrs proposed amendments to be included. It came into effect on may 1, 2004, and now governs the acquisition, use and disposal of mineral rights. We recognisethe role of mining in the sas sustainable economy and support. The main agenda for this meeting was the discussion of the draft mineral and petroleum resources development amendment mprda report, to be sent to provinces to provide input into their own discussions on their provincial mprda mandates. Amendment act as set out in the mineral and petroleum resources development amendment bill, 20 the bill.
An analysis of the legislative framework concerning. Mineral and petroleum resources development act, 2002. Legal nature of prospecting right, mining right, exploration right or. An overview of the new mineral and petroleum resources development act. Repeal and amendment of laws, and transitional provisions 111. Please contact the fda office of compliance regarding your responsibilities under the federal food, drug, and cosmetic act at 3015944692. A profile was created for each country, summarizing the provisions in the legal instruments dealing with local content and. Indiana commission on public records guidelines on the use. Draft amendments to the mineral and petroleum resources. Pdf the nature and articulation of ethical codes on. Applicable to all appeals in terms of the national environmental management act, waste act and biodiversity act. Mineral and petroleum resources development regulations. Mprda mineral and petroleum resources development act. The purpose of these regulations is to regulate the planning and management of residue stockpiles and residue deposits from a prospecting, mining, exploration or production operation.