Mineral and Petroleum Resources Development Act, 2002
01 May 2004
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When a law repeals wholly or partially any former law and substitutes provisions for the law so repealed, the repealed law shall remain in force until the substituted provisions come into operation.”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 This Act repealed section 14(2) of the National Environmental Management Amendment Act, 2008, which brought the sections specified in section 94(2) of the MPRD Amendment Act,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
- Mineral and Petroleum Resources Development Regulations, 2004 (1 May 2004)
- Regulations for Petroleum Exploration and Production, 2015 (3 June 2015)
Notices
- Division of the Republic into regions (30 April 2004)
- Designation of the Petroleum Association of South Africa (Proprietary) Limited (18 June 2004)
- Exemptions of organs of state (25 June 2004)
- Codes of Good Practice for the Minerals Industry (29 April 2009)
Declarations in terms of section 49 of the Act (moratoriums)
Notices of intention to declare
- Chrissiesmeer Biodiversity Site (4 March 2011)
- Land in respect of which rights or permits had lapsed (9 May 2011)
- Land in respect of which rights or permits had lapsed (6 February 2012)
- Land in the Free State (19 October 2012)
- Hydraulic fracturing in the Karoo (16 November 2012)
- Hydraulic fracturing in the Karoo (3 February 2014)
- Mapungubwe buffer zone (12 September 2014)
- Xolobeni (15 September 2016)
Declarations
- Prospecting in Mpumalanga (31 August 2010)
- Hydraulic fracturing in the Karoo (1 February 2011)
- Prospecting in Mpumalanga (28 February 2011)
- Prospecting in Mpumalanga (31 March 2011)
- Certain land (24 May 2013)
- Hydraulic fracturing (3 February 2014)
- Land in the Free State (31 October 2014)
Guidelines
- Guideline for Consultation with Communities and Interested and Affected Parties
- Revised Social and Labour Plan Guidelines
- Guideline for the Compilation of an Environmental Impact Assessment and an Environmental Management Plan
- Guideline for the Compilation of an Environmental Management Plan
- Guideline for the Compilation of a Scoping Report
- Guideline for the Renewal of a Mining Right
- Guideline for a Prospecting Work Programme
- Guideline for a Mining Work Programme
- Guideline document for the evaluation for the quantum of closure-related financial provision provided by a mine
