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  • Credit: © Greenpeace Africa / Mujahid Safodien

  • Credit: © Greenpeace Africa / Mujahid Safodien

  • Credit: © Greenpeace Africa / Mujahid Safodien

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Mineral and Petroleum Resources Development Act, 2002

01 May 2004

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Amendments to and interpretation of this Act

The MPRDA was amended by the Minerals and Petroleum Resources Development Amendment Act 49 of 2008 (MPRD Amendment Act), 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When a law repeals wholly or partially any former law and substitutes provisions for the law so repealed, the repealed law shall remain in force until the substituted provisions come into operation.”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 This Act repealed section 14(2) of the National Environmental Management Amendment Act, 2008, which brought the sections specified in section 94(2) of the MPRD Amendment Act,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.

Proposed amendments to this Act

Regulations

Notices

Declarations in terms of section 49 of the Act (moratoriums)

Notices of intention to declare 

Declarations

Guidelines

Also see