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Mineral and Petroleum Resources Development Amendment Bill

Publish date: 12 June 2007
Issue Number: 14
Diary: Legalbrief Environmental
Category: Labour

On 9 May 2007 the Department of Minerals and Energy (DME) introduced in Parliament the Mineral and Petroleum Development Amendment Bill, which aims to rectify errors and clarify ambiguities in the Minerals and Petroleum Resources Development Act [B10–2007] (MPRDA) and to align it with environmental impact assessment (EIA) procedures under the National Environmental Management Act (NEMA).

The Bill inserts into the MPRDA a new section 39 entitled ‘Environmental Authorisations’ as well as several new definitions of terms used in NEMA EIA procedures (e.g. ‘basic assessment report’). Applicants for various mining authorisations will in future need to apply for an environmental authorisation. However, these environmental authorisations will not be issued by the provincial or national organs of state responsible for the environment in accordance with the NEMA EIA regulations, but by the DME, in accordance with regulations made under the MPRDA and after considering comments from State departments responsible for administering environmental laws. The Bill also empowers the Regional Mining Development and Environmental Committee to make recommendations to the DME Minister regarding objections from other government departments, and designates the Council for Geosciences as the custodian of prospecting information. The procedures to review and appeal against administrative decisions have been streamlined. Download a copy of the Bill Visit the EnAct International Web site

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