In order to fully understand the evolution of mineral law in. Sasol mining will lodge an application in terms of section 102 of the mprda to add the farm rianel 98 is to its blesbokspruitrolspruit prospecting right. D indigenous law northwest university, potchefstroom campus, 2007. The mineral and petroleum resources development act of.
In this act, unless the context indicates otherwise. Mineral and petroleum resources development amendment. The stated purpose of the mprda bill is to amend the mineral and petroleum resources development act 28 of 2002 mprda as amended by the 2008 mprda amendment act. Information and data in respect of mining or processing of minerals. On enactment of the mineral and petroleum resources development act, 28 of 2002 mprda on 1. The mineral and petroleum resources development act of 2002. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The year 2002 presented a major shift for the mining industry, with the promulgation of the mineral and petroleum resources development act, 2002 act 28 of 2002mprda. Common law mineral rights were abolished and replaced by statutorily. 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 thrust of the analysis is premised on institutionalist legislative theory which focuses on social development. Mineral and petroleum resources development act 28 of 2002. Mprda means the mineral and petroleum resourcesdevelopment act 28 of 2002. This article is an analysis of the mineral and petroleum resources development act 28 of 2002 mprda with special reference to the nationalisation debate that was controversially tabled by the recently suspended african national congress youth league president julius malema.
The act requires, among other issues, that the mining industry workforce includes 10 per cent women. The mprda gave effect to the transformation principle embedded in the white paper. Mineral and petroleum resources development act updated to 7 december 2014 act 28 of 2002 gon 1273, g. The mineral and petroleum resources development act 28 of 2002 mprda is premised on the principle that minerals are part of the natural heritage of all south africans. 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.
In order to enable prospecting for and mining of minerals by communities and individuals who were in the past excluded from obtaining any such rights the mineral and petroleum resources development act 28 of 2002 mprda provided for the conversion of socalled old order rights into new order mprda rights, as well as the allocation of. Mineral and petroleum resources development act 28 of 2002 gazette no. Information and data in respect of mining or processing of minerals 29. Mineral and petroleum resources development act 282002, as. Section 5 of the principal act is hereby amended a by the substitution for subsection 1 of the following subsection. Development act 28 of 2002 the mprda which, inter alia, include to. Section 3 of the mprda articulates the core of the new mineral law dispensation.
Mineral and petroleum resources development act mprda is an act of the parliament of south africa. It came into effect on may 1, 2004, and now governs the acquisition, use and disposal of mineral rights. Cawood inauguration of the new political dispensation in south africa in 1994 initiated a dynamic shift in the ownership, management and development of the countrys affluent mineral heritage. It is important to note that there are many salutary aspects of the mprda amendment bill which are designed to cover drafting errors in the mprda and to amend certain practical issues that have arisen in the mining industry over the. 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. A perspective on the impact of the mineral and petroleum. Resources development act 28 of 2002 mprda or the act and iii the original charter published by the minister in terms of section 1002a of the mprda5 the original charter or the 2004 charter, which has twice been subject to revision since its publication, in 2010 the 2010 charter6 and in the 2017 charter. Mineral and petroleum resources development act department of. However, it was important to hear from all stakeholders so.
Resources development act 28 of 2002 mprda or the act and iii the original charter published by the minister in terms of section 1002a of the mprda5 the original charter or the 2004 charter, which has twice been subject to revision since its publication, in. Mineral and petroleum resources development bill hogan lovells. Amendment of section 1 of act 28 of 2002, as amended by section 1 of act. To ensure that no conflicting rights are granted, an application system akin to queuing is used. The objective of the mprda is to ensure the attainment of governments objectives of redressing historical, socio. 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. On 23 june 2014, the longest mining sector strike in south african history ended when the association of mineworkers and construction union amcu accepted a revised. In other words, a mining right will not be granted to an applicant which has not developed and provided for a. The mprda was established against the backdrop of the new constitutional dispensation and came into force on 1 may 2004. The objective of the mprda is to ensure the attainment of governments objectives of redressing historical, socioeconomic inequalities and ensuring broad based and meaningful participation of black persons in the. Picas synopsis mine dumps created in terms of the pre mprda regime old order mine dumps are currently not regulated by the mprda, and the common law owners of such dumps are free to process them without the need to obtain the relevant rights. Resources development act, 2002 act 28 of 2002 mprda. The notion and features of the security of south african mineral tenure are discussed in this article. The old commonlaw principles are therefore no longer applicable.
With acts you are guaranteed the latest and most up to date resource for your legislative needs. Mine dumps under the amended j mineral and petroleum. 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. Mining law in south africa laws regulating mining law. Statistics south africa, 2002 and south african reserve. Minerals and energy laws amendment act 11 of 2005 gazette no. Mineral and petroleum resources development act, 2002. Page 1 of 104 7 june 20 to date this is the current version and applies as from 7 june 20, i. The objective of the mprda is to facilitate meaningful participation of. Failing the objectives of the mprda saflii home saflii.
Consultation obligations the definition of interested and affected persons has been expanded to refer specifically to host communities, landowners both traditional and title. The process of substituting the old south african regime with a. This target was due by 1 may 2009, and has therefore created many. Mineral and petroleum resources development act 2002. Petroleum resources development act 28 of 2002 mprda.
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. Section 100 of the mprda empowered the minister to develop a mining. The amendments also introduce the longawaited alignment with the one environmental system and new details on the appeals process. Mineral and petroleum resources development act, 2008. Dec 18, 2016 the mineral and petroleum resources development act no. Pdf host communities and competing applications for. Picas synopsis mine dumps created in terms of the premprda regime old order mine dumps are currently not regulated by the mprda, and the common law owners of such dumps are free to process them without the need to obtain the relevant rights. The mineral and petroleum resources development act 28 of 2002 intends.
To give effect to section 100 1 a of the mineral and petroleum resources development act, 2002 and sections 261 and 3 and 271 and 3 of the constitution of the republic of south africa, 1996, and other related legislation by ensuring that adequate. The mprda became effective on 1 may 2004 and substitutes the erstwhile hybrid system of a common law system with statutory interference. Application for the consent of the minister to amend. An analysis of the mineral and petroleum resources. Mineral and petroleum resources development amendment act. The minister had contended that, although there was deprivation of property because all mineral rights under the 1991 act were extinguished by the mprda, the mprda did not effect a general deprivation of existing mineral rights because the state did not acquire any rights in. Development amendment act, 2008 is in force, although the amendment act has never been brought into effect. 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. A legal analysis of the mineral and petroleum resources. In south africa, the mineral and petroleum resources development act 28 of 2002 mprda, is the primary regulatory framework for the exploitation of mineral resources in south africa. The liability of historical mine authorization holders for. Section 1 of the mineral and petroleum resources development act, 2002 act. This document is an official guideline in terms of regulation 541 promulgated in terms of the mprda, 2002 act 28 of 2002 and serves the specific objectives stated above.
A paradigm shift in mineral policy in south africa by f. The minister had contended that, although there was deprivation of property because all mineral rights under the 1991 act were extinguished by the mprda, the mprda did not effect a general deprivation of existing mineral rights because the state did not acquire any rights in consequence of the mprda coming into operation. J petroleum resources development act 28 of 2002 mprda. The mineral and petroleum resources development act no.
Apr 20, 2018 in south africa, the mineral and petroleum resources development act 28 of 2002 mprda, is the primary regulatory framework for the exploitation of mineral resources in south africa. However, it was important to hear from all stakeholders so that the final product took all views into account. Apr 29, 2009 to give effect to section 100 1 a of the mineral and petroleum resources development act, 2002 and sections 261 and 3 and 271 and 3 of the constitution of the republic of south africa, 1996, and other related legislation by ensuring that adequate housing, health care services, sufficient food, water are. A new mineral law regime was introduced when the mineral and petroleum resources development act 28 of 2002 mprda commenced. The constitutionality of the mineral and petroleum. Act 28 of 2002 mprda as amended by the 2008 mprda amendment act. Resources development act 28 of 2002 mprda states that the state is responsible for the rehabilitation of an abandoned mine if the owner is deceased, can not be traced, ceased to exist or has been liquidated. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Constitution of the republic of south africa act 108 of 1996. The mprda bill inserts section 1024 of the mprda, which provides that the. Act to make provision for equitable access to and sustainable development of the. The amendment bill is intended to amend the provisions of the mineral and petroleum.
210 1367 574 233 315 896 1572 41 1464 888 656 1508 98 884 74 629 111 327 112 915 218 1139 332 1399 505 1367 1356 1417 1114 1288 1493 809 1207 139 528 1416 383 256 781 539 156 257 1285 1487