A recent amendment to the mineral and petroleum resources development act, act 28 of 2002 the mprda is likely to significantly affect mining operations intending to undergo a large scale retrenchment exercise. Department of transportation federal aviation administration 800 independence avenue, sw washington, dc 20591 866 tellfaa 866 8355322. An effective mechanism allowing parties to intervene in prolonged strike action would certainly go a long way in aiding all stakeholders within the mining industry to promote and ultimately meet the objectives in. Gave effect to the internationally accepted right of the state to exercise sovereignty over all its mineral and petroleum resources. Section 52 of the mprda provides that the holder of a mining right must notify the minister of minerals and energy the minister. 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.
Transition from mprda 2002 to nema continues mining law. Resources development act mprda and regulations issued under nema since june 2010 makes for interesting reading. Mineral and petroleum resources development act 28 of 2002 gazette no. Page 1 of 104 7 june 20 to date this is the current version and applies as from 7 june 20, i. Financial provision regulations 20nov2015 warburton. Cliffe dekker hofmeyr section 52 of the mprda and retrenchments.
On 3 june 2015 in government gazette 38855 notice number 466 the minister of mineral resources published, under section 107 of the mineral and petroleum resources development act 28 of 2002 mprda, read with the provisions of section 14 of the interpretation act 33 of 1957, regulations for petroleum exploration and production shale gas fracking regulations. Government gazette republic of south africa regulation gazette no. The mineral and petroleum resources development act of 2002. Minister of mineral resources v mawetse sa mining corporation pty ltd. Mineral and petroleum resources development amendment bill. Draft regulations under the mineral and petroleum resources development act no. Applying the law as a minimum requirement is one of the six principles outlined in the mining and biodiversity guideline that should be applied towards good decision making when addressing biodiversity issues and impacts in a mining context. Draft amendments to the mineral and petroleum resources. This gazette is also available free online at za 4 no. Mineral and petroleum act extends state rights new mprda starts with 20% free carry, maybe more.
The common law will apply to the extent that the mprda does not regulate a specific issue but. Mprda mineral and petroleum resources development act. Vested custodianship of mineral and petroleum resources with the state. Mining laws and regulations covering issues in south africa of relevant authorities and. Mineral regulation overview department of mineral resource. Mining laws and regulations south africa covers common issues in mining laws and regulations including the mechanics of acquisition of rights, foreign ownership and indigenous ownership requirements and restrictions, processing, beneficiation. Government gazette number 42870 the draft amendment regulations introduction 1. Mprda heading for same legal wrangling as mining charter. This gaette is also available free online at za 4 no. Transition from mprda 2002 to nema continues mining law in. Although the bill is still in draft form, the department of mineral resources dmr has invited interested parties to make written submissions on. The state does not have free carry rights in relation to prospecting or mining.
Gareth driver, director slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. And when you want to do more, subscribe to acrobat pro. New amendments to regulations to the mineral and petroleum resources development act mprda take the requirement for mines to consult on their environmental impacts and social and labour plans one step further, to meaningful consultation. Amendment of the regulations by government notice r1288 in government gazette. To ensure that no conflicting rights are granted, an application system akin to queuing is used. School of mining engineering, university of the witwatersrand, johannesburg. Mineral and petroleum resources development amendment act. Furthermore, any person who wishes to export minerals must comply with the benefi ciation regulations set out in the mprda as well as receive written approval from the minister. Some clarity on this is provided in regulation 54 of the environmental impact assessment regulations, 2014. Resources development regulations, so as to prescribe standards and practices that must ensure the safe exploration and production of petroleum. 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.
Continuation of regulations regulating authorisations for activities in certain coastal areas 56. Financial provisioning for mine closure was previously done under the mprda section 41. Financial provisioning regulation, 2015 gnr 1147 nema requires the following. Mprda regulations mineral petroleum resources development regulations as gazetted by the president on 23 april 2004. Nema gnr 1147 financial provisions comparison against the. The amendments also introduce regulations dealing with the lodgment of applications under section 52 and 53 of the mineral and petroleum resources development act, 2002 the mprda and. Mineral and petroleum resources development act south africa. There are no free carry rights or options to acquire shareholdings in. The m ineral and petroleum resources development act, 2002 mprda read with regulations and guidelines on consultation provides for an extensive consultation process with landowners, lawful occupiers and interested and affected parties, before a. Mprda draft amendments to the mineral and petroleum resources development regulations, 2019 for public comment.
Mprda stands for mineral and petroleum resources development act south africa. The chairperson welcomed presenters and said that the mineral and petroleum resources development amendment mprda bill was a crucial piece of legislation that had to be finalised urgently. The mprda includes the obligation for all prospecting and mining operations to. Law firms set out notable aspects of draft amendments to mprda. In these regulations the regulations means the regulations regarding the planning and management of residue stockpiles and residue deposits, 2015, published under government notice no. On 20 november 2015 in government gazette 39425 notice number gn r1147 the minister of environmental affairs published the regulations pertaining to financial provision for prospecting, mining, exploration and production operations the financial provisioning regulations, 2015 which came into effect on the date of publication in the gazette. Regulations 53 and 54 regulated the making of financial provisioning and the prescribed payment method. The mineral and petroleum resources development act of. The impact of the mprda amendment bill by chris stevens, director on 27 december 2012 the south african cabinet approved the draft mineral and petroleum resources development amendment mprda bill, 2012.
At present the primary legislation relevant to the south african minerals industry is the mineral and petroleum resources development act 2002 mprda, alongside the mineral and petroleum resources development regulations 2004 mprda reg. Environmental 1 environmental alert 4 february 2015 progress in the transition of the regulation of mining operations environmental management the end of 2014 was. Mprda is defined as mineral and petroleum resources development act south africa frequently. A consideration of the amendments to nema, the mineral and petroleum resources development act mprda and regulations issued under nema since june 2010 makes for interesting reading. The mprda regulations set out that this section must include. Amendments to the mineral and petroleum resources development. Mineral and petroleum resources development amendment act, 2008. Environmental impact assessment regulations, 2014 i, bomo edith edna molewa, minister of environmental affairs, hereby make the regulations pertaining to environmental impact assessments, under sections 245 and 44 of the national environmental management act, 1998 act no. The transition from the mineral and petroleum resources development act 2002 mprda to the national environmental management act, 1998 nema continues. Jul, 2017 for example, there is some debate as to whether a pending application to amend a mining emp in terms of section 102 of the mprda is a pending application for the purposes of the national environmental management act 62 of 2008. Law firm webber wentzel this week set out some of the most notable aspects of the draft amendments to the mineral and petroleum resources development act mprda regulations, following its.
South african mining law is regulated by the mineral and petroleum resources development act. Share page a recent amendment to the mineral and petroleum resources development act, act 28 of 2002 the mprda is likely to significantly affect mining operations intending to undergo a large scale retrenchment exercise. It is independent, and it has no political or business alignment. Statutes and regulations ca department of conservation ca. A further aspect to take note of is that as the draft amendments are amendments to subordinate legislation i. Corruption watch cw is a nonprofit civil society organisation. Contested mining legislation approved by parliament to give state free 20% stake. Back to the drawing board was the call from the majority. Section 24p financial provision for remediation of environmental damage. The 1955 african national congress anc freedom charter. The state has a right to a 20 % free carried interest in all new.
Mineral and petroleum resources development amendment mprda. Cement and foamed cement slurry must be prepared to minimise its free. In this alert, we highlight the amendments in the mineral and petroleum resources development bill mprda bill that have been approved. Badenhorst and others published prospecting rights under the mprda. Mineral and petroleum resources development act, 2002 act no.
The amendments also introduce the longawaited alignment with the one environmental system and new details on the appeals process. A 30day period, ending on 9 october 2016, has been granted to comment on the proposed changes. However, it was important to hear from all stakeholders so. Aug 08, 2017 our teams have been working hard with our local communities to understand how we can help them respond to covid19. However, it was important to hear from all stakeholders so that the final product took all views into account.
Mineral and petroleum resources development regulations. Regulations for petroleum exploration and production, 2015 government. The act separated surface rights land ownership from mineral rights. Whether this amendment will be able to be enforced remains to be seen as it could be unconstitutional due to its potential contravention of the world trade organizations. While the objective of improving cooperative governance and streamlining or coordinating the. Future amendments of the mprda and the regulations should rectify this. How is mineral and petroleum resources development act south africa abbreviated. Samrad online is the south african mineral resources administration system where the general public can view the locality of applications, rights and permits made or held in terms of the mineral and petroleum resources development act act 28 of 2002, the mprda, and where applications in terms thereof can be submitted electronically.
This gazette is also available free online at za staatskoerant, 7 april 2017 no. Home mining yearbook mining yearbook 2017 mprda heading for same legal wrangling as mining charter. Mineral regulation branch is led by deputy director general, refer to as mineral regulation management the branchs function is to regulate the minerals and mining sector to promote economic growth, employment, transformation and sustainable development. To make provision for equitable access to and sustainable development of the nations. The radio regulations, edition of 2016, contains the complete texts of the radio regulations as adopted by the world radiocommunication conference geneva, 1995 wrc95, subsequently revised and approved by the world radiocommunication conference geneva, 1997 wrc97, the world. These have now been superseded by gnr 1147 this presentation will give an overview on the main differences from a financial point.
Mprda is listed in the worlds largest and most authoritative dictionary database of abbreviations and acronyms. Mining laws and regulations south africa covers common issues in mining laws and regulations including the mechanics of acquisition of rights, foreign ownership and indigenous ownership requirements and restrictions, processing, beneficiation in 28 jurisdictions. Oct 19, 2012 title slide of section 11 of the mprda. The site is approximately 15km south of klerksdorp in the north west province. The mineral and petroleum resources development amendment bill, the legislation that will give the state a right to a 20% free carried interest in all new exploration and production rights in the energy field, has been passed by parliament before it closed and sent to president zuma for assent. It is worth noting that the mprda bill, discussed above, proposes some major amendments to the mprda. The current mprda regulations do not prescribe the form or content in which a section 53 application is to be made to the minister. Particularly noteworthy is the introduction of a free carry interest in favour of the government in all new prospecting and mining rights, as well as the option to acquire a further interest. 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.
Petroleum resources development act, 28 of 2002 mprda which is the. Mineral and petroleum resources development amendment. The old commonlaw principles are therefore no longer applicable. Reviewed broad based blackeconomic empowerment charter for the south african mining and minerals industry, 2016 40923. Mining 2020 laws and regulations south africa iclg. The most notable aspects of the draft amendments to the. Another problem is the absence in the the act and regulations that specify recourse.
It came into effect on may 1, 2004, and now governs the acquisition, use and disposal of mineral rights. Mineral and petroleum resources development act 28 of 2002. The mineral and petroleum resources development act, 2002. Only with adobe acrobat reader you can view, sign, collect and track feedback, and share pdfs for free. Mineral and petroleum resources development act, 2002.
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