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Welcome to the Endangered Wildlife Trust's Guide to the various public participation processes which are required before certain mining and other development activities may begin.
We have focused on the processes required by the Mineral and Petroleum Resources Development Act, 28 of 2002 for mining and prospecting activities but have also included brief summaries of other laws which may come into play.
As we understand that law and its defined processes can be intimidating and complicated for a lay person, we have developed this Guide. |
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South Africa is a mineral rich country and consequently applications for prospecting and mining rights are submitted to the Department of Mineral Resources ("DMR") on a daily basis.
As the potential implications for mining and prospecting rights holders as well as landowners and land occupiers are significant, certain procedures must be followed.
The MPRD Act regulates the system in terms of which mining and prospecting rights are granted and regulated. |
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In South Africa, the environmental impact assessment ("EIA") Regulations which were published in terms of the National Environmental Management Act ("NEMA") currently regulate General Development.
The NEMA EIA Regulations and Listing Notices publishedin 2010 repeal and replace the listed activities identified in terms of GNR 386 and 387 of 21 April 2006 and set out the new list of activities and competent authorities identified in terms of sections 24(2) and 24D of NEMA. The 2010 EIA Regulations came into effect on 2 August 2010. |
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