WRITTEN REPRESENTATIONS ON THE DRAFT MINE HEALTH AND SAFETY AMENDMENT BILL, 2022

The Centre for Environmental Rights (CER) submitted written representations on 29 July 2022 regarding the Draft Mine Health and Safety Amendment Bill, 2022. The CER argues that the current Mine Health and Safety Act 29 of 1996 and the proposed amendments fail to adequately protect the constitutional rights of communities living near mines, specifically regarding the impacts of mine blasting.

• The CER asserts that mine blasting negatively impacts the health, safety, and wellbeing of surrounding communities, causing physical damage to houses, schools, and clinics, as well as psychological distress from air and ground shockwaves.
• The current regulatory regime for mine blasting is deemed insufficient because mines often fail to comply with the duty to protect non-employees, and the 500m radius for blasting regulations does not protect those living outside that distance who still experience significant impacts.
• A lack of enforceable statutory standards for ground and air shockwave levels makes it difficult for communities to hold mines accountable and allows mines to determine their own 'safe' blasting levels without community participation.
• The CER highlights a 2016 South African Human Rights Commission (SAHRC) report which found that blasting operations often disregard human dignity and safety, and that the Department of Mineral Resources (DMR) needs to urgently address the lack of regulation around blasting.
• The CER recommends expanding the powers of inspectors to include hazards in communities related to mining and suggests that the Mine Health and Safety Act should explicitly include the safety and health of surrounding communities in its purpose or objects.
• Regarding Section 27 of the Draft Bill, the CER argues that public consultation with landowners, lawful occupiers, and affected parties must be mandatory rather than optional to ensure fairness and informed decision-making.
• The CER urges the Department of Mineral Resources and Energy (DMRE) to finalize and publish a guidance note on minimum standards for ground vibration, noise, airblast, and flyrock, building on a draft from February 2020 and CSIR studies from 2016.

APA

Centre for Environmental Rights (2022). WRITTEN REPRESENTATIONS ON THE DRAFT MINE HEALTH AND SAFETY AMENDMENT BILL, 2022. https://cer.org.za/wp-content/uploads/2022/07/CER-Comments-on-Mine-Health-and-Safety-Amendment-Bill-29.06.2022.pdf?x21779

Chicago

Centre for Environmental Rights. WRITTEN REPRESENTATIONS ON THE DRAFT MINE HEALTH AND SAFETY AMENDMENT BILL, 2022. 2022. https://cer.org.za/wp-content/uploads/2022/07/CER-Comments-on-Mine-Health-and-Safety-Amendment-Bill-29.06.2022.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=WRITTEN REPRESENTATIONS ON THE DRAFT MINE HEALTH AND SAFETY AMENDMENT BILL, 2022 |date=29 July 2022 |url=https://cer.org.za/wp-content/uploads/2022/07/CER-Comments-on-Mine-Health-and-Safety-Amendment-Bill-29.06.2022.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2022written, author = {{Centre for Environmental Rights}}, title = {{WRITTEN REPRESENTATIONS ON THE DRAFT MINE HEALTH AND SAFETY AMENDMENT BILL, 2022}}, publisher = {Centre for Environmental Rights}, year = {2022}, month = jul, url = {https://cer.org.za/wp-content/uploads/2022/07/CER-Comments-on-Mine-Health-and-Safety-Amendment-Bill-29.06.2022.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }