COMMENTS ON THE DRAFT MINERAL RESOURCES DEVELOPMENT BILL, 2025

The Centre for Environmental Rights (CER) submitted comments on the Draft Mineral Resources Development Bill, 2025, arguing that the Bill fails to adequately protect communities and the environment. The CER criticizes the 'One Environmental System' for creating a conflict of mandate within the Department of Mineral and Petroleum Resources, advocates for the adoption of 'free, prior and informed consent' for communities, and warns that shortened timelines for environmental authorizations and consultations risk reducing public participation to a 'tick-box exercise'.

• The CER argues that the 'One Environmental System' (OES), which makes the Department of Mineral and Petroleum Resources the responsible authority for environmental matters in mining, creates an inherent conflict of interest between the department's duty to promote mining and its obligations under the National Environmental Management Act (NEMA).
• The CER contends that the Bill's proposed definition of 'interested and affected persons' is too restrictive because it includes the term 'direct interest,' which could exclude groups experiencing indirect effects or civil society organizations providing support to communities.
• The CER warns that the Bill significantly reduces the timeframes for environmental authorizations and public consultations, reducing the window for applying for Environmental Authorisation (EA) from 60 days to 14 days and the period for submitting consultation outcomes to 30 days.
• The CER opposes the proposal to allow artisanal mining permits on abandoned mines, stating that this represents an 'abdication of duty' regarding the rehabilitation of over 6,100 abandoned mines and may place unfair financial burdens on small-scale miners.
• The CER argues that the Bill fails to address gender inequalities in the mining sector and proposes that transformation amendments include mandatory thresholds for women's participation and penalties for companies that fail to meet gender targets.
• The CER criticizes the Bill's proposed definition of 'community' as a regression that limits communities to municipal demarcations and communal land ownership, thereby excluding many affected persons.
• The CER supports the increase in penalties for offences under the Act—up to 10% of annual turnover or 10 years' imprisonment—but suggests that an independent tribunal be established to ensure administrative fairness.
• The CER advocates for the legal requirement of 'free, prior and informed consent' (FPIC) for mining on land owned or occupied by customary communities, citing the Maledu and Baleni judgments.
• The CER expresses concern over the lack of clear obligations for the rehabilitation of artisanal mining areas and the potential for a regulatory gap regarding 'historic residue stockpiles' during a proposed two-year transitional period.
• The CER supports granting the South African Police Service (SAPS) powers to monitor compliance but emphasizes that this must be accompanied by specialized training and the creation of a dedicated department for environmental crimes.

APA

Centre for Environmental Rights (2025). COMMENTS ON THE DRAFT MINERAL RESOURCES DEVELOPMENT BILL, 2025. https://cer.org.za/wp-content/uploads/2025/08/13-August-2025-CER-comments-to-the-draft-Mineral-Resources-Bill-2025.pdf?x21779

Chicago

Centre for Environmental Rights. COMMENTS ON THE DRAFT MINERAL RESOURCES DEVELOPMENT BILL, 2025. 2025. https://cer.org.za/wp-content/uploads/2025/08/13-August-2025-CER-comments-to-the-draft-Mineral-Resources-Bill-2025.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=COMMENTS ON THE DRAFT MINERAL RESOURCES DEVELOPMENT BILL, 2025 |date=13 August 2025 |url=https://cer.org.za/wp-content/uploads/2025/08/13-August-2025-CER-comments-to-the-draft-Mineral-Resources-Bill-2025.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2025comments, author = {{Centre for Environmental Rights}}, title = {{COMMENTS ON THE DRAFT MINERAL RESOURCES DEVELOPMENT BILL, 2025}}, publisher = {Centre for Environmental Rights}, year = {2025}, month = aug, url = {https://cer.org.za/wp-content/uploads/2025/08/13-August-2025-CER-comments-to-the-draft-Mineral-Resources-Bill-2025.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }