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Amendments to Mineral and Petroleum Resources Development Regulations Drawn Up

November 29, 2019

Department of Mineral Resources and Energy

29 November 2019

Mining rights applicants will have six months after receiving notification of acceptance of the application to consult with communities on the Social and Labour Plan (SLP).

This proposal is contained in draft amendments to the Mineral and Petroleum Resources Development Regulations published in Government Gazette 42870 for comment.

A new definition on “meaningful consultation” is proposed.

It means that the “applicant, has in good faith engaged the landowner, lawful occupier or interested and affected party in respect of the land subject to the application about the impact the prospecting or mining activities would have to his right of use of the land by availing all the information pertaining to the proposed activities enabling these parties to make an informed decision regarding the impact of the proposed activities”.

As regards the consultation process on the SLP, the draft amendments stipulate that it “shall be conducted in terms of the public participation process prescribed in Chapter 6 of the Environmental Impact Assessment Regulations, 2014, Regulations 39, 40, 41, 42, 43 and 44 respectively”.

Proposed additions to Part II on SLP includes 46A on publication of the approved SLP, 46B on review of the SLP and 46C on collaboration on SLPs.

SLPs must be published in English and one other dominant official language commonly used within the mine community within 30 days of approval.

SLPs must also be reviewed within five years of approval and collaboration on approved SLP projects must be “transparent, inclusive and based on consultation with all stakeholders”.

Amendments of an approved SLP pursuant to the collaboration shall be done in terms of Regulation 44 of the act.

The draft amendments also focus on regulation on notice of profitability and curtailment of mining operations affecting employment, regulation on application for use of surface of land contrary to the objects of the act, regulation on compensation payable under certain circumstances in terms of section 54 of the act and appeals.

Comment is invited within 30 days of the date of publication.