Mineral and petroleum resources development act mprda is an act of the parliament of south africa. The octobernovember 2012 examination paper african silver pty ltd is an established mining company that has successfully operated its business in the south african mining industry over the last five decades under the previous mining regime. The mineral and petroleum resources development act mprda amendments to and interpretation of this act the mprda was amended by. Impact of the south african minerals and petroleum resources. Web to pdf convert any web pages to highquality pdf files while retaining page layout, images, text and. The old commonlaw principles are therefore no longer applicable. Gave effect to the internationally accepted right of the state to exercise sovereignty over all its mineral and petroleum resources. Act to make provision for equitable access to and sustainable development of the. Pdf revisiting the transitional arrangements of the. Possibly, this consideration payable to the holders of mineral rights, as. Attached and below is the full text of the proposed broadbased socioeconomic empowerment charter for the south african mining industry, which was released by government on october 9 2002. Acts online provides legislation, including amendments and regulations, in an intuitive, online format.
The dispute in this matter seems to have commenced during 2014 when ibmr and ppm began preparations for fullscale mining operations on the farm. No 28 of 2002 mprda, which consent is yet to be granted. Mineral and petroleum resources development amendment bill pmg. The objective of the mprda is to facilitate m eaningful participation of. Pdf revisiting the transitional arrangements of the mineral. 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. Nov 23, 2018 hogan lovells publications 23 november 2018. Mineral and petroleum resources development amendment mprda. 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.
Mineral and petroleum resources development act, 2002. Mineral and petroleum resources development act, no 28 of 2002 mprda. Mineral and petroleum resources development act 28 of 2002 as. Mineraland petroleum resources development act repabliki yaafrika boraw molao aw tlhabollo ya mehlodi ya diminerale le petroleamo no, 2002. The mineral and petroleum resources development act of 2002. Mineral and petroleum resources development act 28 of 2002. Although the bill is still in draft form, the department of mineral resources dmr has invited interested parties to make written submissions on. The main theme of the briefings on the mineral and petroleum resources development amendment mprda bill dealt with the impact which mining activities had on communities living near mining areas, and the fact that these mining communities lacked support to engage and consult effectively with mining rights holders. 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. It came into effect on may 1, 2004, and now governs the acquisition, use and disposal of mineral rights. Use pdf download to do whatever you like with pdf files on the web and regain control.
To ensure that no conflicting rights are granted, an application system akin to queuing is used. J petroleum resources development act 28 of 2002 mprda. This is the current version and applies as from 7 december 2014, i. Mprda 28 of 2002 and its impact in the mining operations in the limpopo province ramatji kanuku nicholas. Application form for a mining permit in terms of section 272 of the act, 2002. Government gazette number 42870 the draft amendment regulations introduction 1. With acts you are guaranteed the latest and most up to date resource for your legislative needs.
Page 1 of 104 7 june 20 to date this is the current version and applies as from 7 june 20, i. Submission on the minerals and petroleum resource development act, 2002 mprda draft amendments to the mineral and petroleum resources development regulations, 2019 for public comment. Act to make provision for equitable access to and sustainable development of the nations mineral and petroleum resources. How is mineral and petroleum resources development act south africa abbreviated. Petroleum resources development act 28 of 2002 see the llmthesis of raakesh narshai, university of western. 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 the mprda in the interest of our country and all its people. Mprda is defined as mineral and petroleum resources development act south africa frequently. The act separated surface rights land ownership from mineral rights.
It is clear therefore that the minerals minister held the key to bringing these prospecting and mining specific activities into force under nema. According to this agreement, both departments would effect the necessary legislative changes to the mprda and nema respectively, and that. This article argues that the use it or lose it clause in the 2002 minerals and petroleum resources development act mprda of south africa has led to an increased mining footprint. In mining law there has always been conflict between the holder of a title deed who, in most cases, is the surface landowner and the mineral right holder who, in most cases, has the rights to access and sever the minerals beneath the surface by virtue of various licenses granted under the mineral and petroleum resources development act 28 of.
However, it was important to hear from all stakeholders so that the final product took all views into account. I, mosebenzi joseph zwane, mp, minister of mineral resources, hereby in terms of section 100 2 of the mineral and petroleum resources development act, 2002 act no. 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. Since the mineral and petroleum resources development act 28 of 2002 mprda came into effect on 1 may 2004, the promulgation of the mprda was generally welcomed and embraced by the mining industry. Badenhorst and others published revisiting the transitional arrangements of the mineral and petroleum resources development act 28 of 2002 and the constitutional. Related with mineral and petroleum resources development act.
This target was due by 1 may 2009, and has therefore created many. 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. Section 2 of the principalact is hereby amended by the substitution for paragraphs d and e the following paragraphs respectively, d substantially and meaningfully expand opportunities for historically disadvantaged persons, including women and communities, to enter into and. In south africa, land ownership is separate from the right to mine minerals found in the land. Pdf south africa is host to a wealth of biodiversity. Mineral and petroleum resources development amendment bill. The mining charter, 2018 must read be together with the implementation guidelines be to gazetted within two months from the date this of publication. The mineral and petroleum resources development act of 2002 holder of mineral rights, as the possessor of the title, was and for the interim still is, entitled to some form of compensation when minerals covered by these rights are removed or depleted by another party. The act requires, among other issues, that the mining industry workforce includes 10 per cent women. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Mineral and petroleum resources development regulations.
This is the current version and applies as from 7 june 20, i. A legal analysis of the mineral and petroleum resources. Section 2 of the principal act is hereby amended by the substitution for paragraphs. The draft amendments envisage various amendments to the mineral and petroleum resources development regulations mprda regulations published in terms of the mineral and petroleum resources development act, no 28 of 2002 mprda the most notable of which are discussed below. The amendments also introduce the longawaited alignment with the one environmental system and new details on the appeals process. Energy 1,612 view usgs mineral resources program nb ta kr5s14d4 1,800 view brooks range petroleum eni. Invitation for representations from relevant stakeholders on proposed prohibition under section 491 of the mineral and petroleum resources development act act no. Development act 28 of 2002 mprda that that the grant of a mining right applied for in terms of section 22 of the mprda will further the objects referred to in section 2d and f of the mprda in accordance with the charter referred to in section 100, and has granted the mining right applied for, the holder thereof is not. Mineral and petroleum resources development amendment act 49. 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. Mprda mineral and petroleum resources development act. Bischoff synopsis the south african democraticallyelected government instituted policies and legislation that are intended to bring about change and transformation in the country and have drastically affected different. Mineral and petroleum resources development amendment.
Mineral and petroleum resources development act, 2002 wikipedia. Gareth driver, director slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. The mprda became effective on 1 may 2004 and substitutes the erstwhile hybrid system of a common law system with statutory interference. Mineral and petroleum resources development amendment bill b1520.
Development act 28 of 2002 mprda, promulgated on 1 may 2004, has as a broad objective the rectification of previous inequalities and disadvantages in the mining sector2. Oct 30, 2018 no 28 of 2002 mprda, which consent is yet to be granted. A south african constitutional jurisprudential duty to. Mineral and petroleum resources development act 28 of 2002 gazette no. Mprda stands for mineral and petroleum resources development act south africa. However, it was important to hear from all stakeholders so. 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. Therefore, notwithstanding the coming into force of the 2008 amendment act, the commencement of certain. Mineral and petroleum resources development act no.
Related practices environment and natural resources. With a rapidly expanding population and the ever increasing demand for accommodation in close proximity to the cbds, developers and town planners who seek greener and vacant pastures, subsequently end up striking gold, or so they think. Oct 19, 2012 title slide of section 11 of the mprda. Furthermore, ibmr appointed ppm as its contractor to mine on the farm in terms of s101 of the mprda. This research evaluates the practical implementation of the. Mineral and petroleum resources royalty act 28 of 2008. Dec 04, 2019 the draft amendments envisage various amendments to the mineral and petroleum resources development regulations mprda regulations published in terms of the mineral and petroleum resources development act, no 28 of 2002 mprda the most notable of which are discussed below. Mprda act 2002 and the previous mineral act 50 of 1991. Impact of the south african minerals and petroleum.
Environmental management and rehabilitation under the mprda 189. Cliffe dekker hofmeyr minister publishes draft amendments. 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. Since the mineral and petroleum resources development act 28 of 2002 mprda came into effect on 1 may 2004, the promulgation of the mprda was generally welcomed and. Petroleum resources development act, 28 of 2002 mprda which is the predominant piece of legislation dealing with acquisitions or rights to conduct reconnaissance, prospecting and mining. Pdf environmental management and rehabilitation under the. Petroleum resources development act 28 of 2002 mprda and the broadbased socioeconomic empowerment charter mining charter were introduced in order to redress previous inequalities and to promote womens employment in the mining industry. Pdf host communities and competing applications for. In october 2002, the minerals and petroleum resources development act 28 of 2002. This work analyzes and compares the legal framework for foreign investments in the mining sector in australia, south africa and colombia. Bengwenyama minerals pty ltd and others v genorah resources pty ltd and others 2011 4 sa 1 cc. Vested custodianship of mineral and petroleum resources with the state.
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