MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 28 OF 2002

The Mineral and Petroleum Resources Development Act 28 of 2002 establishes the State as the custodian of South Africa's mineral and petroleum resources. It aims to ensure equitable access, promote sustainable development, and redress past racial discrimination through broad-based economic empowerment. The Act regulates the application, granting, and renewal of reconnaissance, prospecting, and mining rights, while providing a legal framework for the conversion of 'old order' rights and the management of environmental impacts.

• The Act establishes that the State is the custodian of South Africa's mineral and petroleum resources, which are recognized as non-renewable natural resources belonging to the nation.
• The legislation aims to ensure equitable access to mineral and petroleum resources and to redress the results of past racial discrimination through legislative measures.
• Broad-based economic empowerment is defined as a strategy to redress discrimination based on race, gender, or disability for historically disadvantaged persons in the minerals and petroleum industry and its value chain.
• The Act defines 'beneficiation' of mineral resources across four stages: primary (winning, extracting, refining), secondary (converting to intermediate products), tertiary (converting to refined products for industry), and final (producing manufactured value-added products).
• The Act provides a mechanism for the conversion of 'old order' prospecting and mining rights into new rights. Old order prospecting rights were generally valid for two years from the Act's effective date for conversion, while old order mining rights were valid for a period not exceeding five years or their original grant period, whichever was shorter.
• The State's obligation to protect the environment for present and future generations is affirmed, emphasizing ecologically sustainable development of resources.
• The Act outlines specific requirements for the conversion of old order mining rights, including the submission of a prescribed social and labour plan and an approved environmental management programme.
• Persons whose property has been expropriated under the Act may claim compensation from the State, provided they prove actual loss, damage, and market value, while considering the State's obligation to redress past racial discrimination.
• The Act establishes a Minerals and Petroleum Board to perform specific functions related to the administration of the industry.

APA

Centre for Environmental Rights (2002). MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 28 OF 2002. https://cer.org.za/wp-content/uploads/2004/05/28-of-2002-MINERAL-AND-PETROLEUM-RESOURCES-DEVELOPMENT-ACT_7-Dec-2014-to-date-1.pdf?x21779

Chicago

Centre for Environmental Rights. MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 28 OF 2002. 2002. https://cer.org.za/wp-content/uploads/2004/05/28-of-2002-MINERAL-AND-PETROLEUM-RESOURCES-DEVELOPMENT-ACT_7-Dec-2014-to-date-1.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 28 OF 2002 |date=10 October 2002 |url=https://cer.org.za/wp-content/uploads/2004/05/28-of-2002-MINERAL-AND-PETROLEUM-RESOURCES-DEVELOPMENT-ACT_7-Dec-2014-to-date-1.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2002mineral, author = {{Centre for Environmental Rights}}, title = {{MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 28 OF 2002}}, institution = {Centre for Environmental Rights}, year = {2002}, month = oct, url = {https://cer.org.za/wp-content/uploads/2004/05/28-of-2002-MINERAL-AND-PETROLEUM-RESOURCES-DEVELOPMENT-ACT_7-Dec-2014-to-date-1.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }