COMMENTS ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL, 2012

The Centre for Environmental Rights (CER) submitted comments on the Mineral and Petroleum Resources Development Amendment Bill, 2012, arguing that while the application of the National Environmental Management Act (NEMA) to mining is welcome, the Bill fails to adequately protect community rights, ensure transparency, or establish a fair penalty system.

• The CER supports the application of the National Environmental Management Act, 1998 (NEMA) to mining activities to standardise environmental authorisations, but argues the Department of Mineral Resources (DMR) is unsuitable as the competent authority due to inherent conflicts of interest and a lack of human resource capacity.
• The Bill is criticised for failing to ensure meaningful consultation with communities and interested parties. The CER asserts that current processes are often 'box-ticking activities' and advocates for a standard of 'free, prior and informed consent,' especially for mining on land occupied by customary communities.
• The CER identifies significant barriers to accessing information about mining activities, noting that mining companies often refuse to provide key documents and DMR Information Officers frequently fail to comply with the Promotion of Access to Information Act, 2000.
• The proposed penalty regime is described as 'ill-conceived,' with the CER warning that giving a single official (the Regional Manager) the power to impose significant administrative penalties invites corruption and violates administrative justice principles. The CER recommends the establishment of an independent tribunal.
• The CER opposes the removal of the phrase 'including women and communities' from the definition of historically disadvantaged persons in section 2, arguing that the exclusion is unjustifiable given the continued lack of opportunities for these groups in the minerals sector.
• The CER argues against the mandatory granting of rights by the Minister if certain conditions are met, proposing that the word 'must' be replaced with 'may' to allow the Minister discretionary power to refuse rights based on broader objectives.
• The CER expresses concern over the Regional Mining Development and Environmental Committee (RMDEC) structure, specifically that the Regional Manager acting as ex officio chairperson creates a conflict of interest, as they would preside over recommendations made to themselves.
• The CER advocates for the reinstatement of joint and several liability for directors of mining companies for environmental damage, a provision lost during the transfer of environmental management from the MPRDA to NEMA.
• The CER suggests that the State should no longer be excluded from criminal liability for violations of the MPRDA, particularly given the launch of the first state-owned mine in Ogies in 2011.

APA

Centre for Environmental Rights (2013). COMMENTS ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL, 2012. https://cer.org.za/wp-content/uploads/2016/08/CER-Comments-to-DMR-on-Draft-MPRDA-Amendment-Bill-8-Feb-2013.pdf?x21779

Chicago

Centre for Environmental Rights. COMMENTS ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL, 2012. 2013. https://cer.org.za/wp-content/uploads/2016/08/CER-Comments-to-DMR-on-Draft-MPRDA-Amendment-Bill-8-Feb-2013.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=COMMENTS ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL, 2012 |date=8 February 2013 |url=https://cer.org.za/wp-content/uploads/2016/08/CER-Comments-to-DMR-on-Draft-MPRDA-Amendment-Bill-8-Feb-2013.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2013comments, author = {{Centre for Environmental Rights}}, title = {{COMMENTS ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL, 2012}}, publisher = {Centre for Environmental Rights}, year = {2013}, month = feb, url = {https://cer.org.za/wp-content/uploads/2016/08/CER-Comments-to-DMR-on-Draft-MPRDA-Amendment-Bill-8-Feb-2013.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }