REQUEST TO THE MINISTER OF MINERAL RESOURCES TO EXERCISE HER DISCRETION UNDER S.49 OF THE MINERALS AND PETROLEUM RESOURCES DEVELOPMENT ACT TO PROHIBIT AND RESTRICT PROSPECTING AND MINING IN AREAS OF CRITICAL BIODIVERSITY AND HYDROLOGICAL VALUE AND SENSITIVITY

The Centre for Environmental Rights (CER) and 12 other organisations are urging the South African Minister of Mineral Resources to exercise discretion under section 49 of the Minerals and Petroleum Resources Development Act (MPRDA) to create 'no-go areas' for mining based on environmental sensitivity. The CER rejects claims by the Chamber of Mines that existing laws—such as the Protected Areas Act, the Biodiversity Act, and Environmental Impact Assessments (EIAs)—provide sufficient protection, noting that rights have been granted illegally in protected areas and that the Biodiversity Act often only triggers an EIA without providing further legal protection. The CER asserts that a section 49 declaration is the only way to prevent wasted costs for the state and industry by refusing applications in sensitive areas from the outset, citing the Minister's intention to declare the Chrissiesmeer Biodiversity Site as a precedent.

• The Centre for Environmental Rights argues that existing statutory tools are insufficient to protect sensitive areas, noting that mining rights have been granted illegally within declared protected areas.
• The Biodiversity Act and Biodiversity Management Plans are described as providing inadequate protection because they typically only trigger the need for an Environmental Impact Assessment (EIA) rather than prohibiting mining.
• The CER contends that a section 49 declaration under the MPRDA is necessary to avoid the financial waste of conducting consultations and EIAs for applications in areas where mining should never be permitted due to environmental value.
• The Minister of Mineral Resources has indicated support for the use of section 49 by announcing plans to prohibit mining at the Chrissiesmeer Biodiversity Site.

APA

Centre for Environmental Rights (2011). REQUEST TO THE MINISTER OF MINERAL RESOURCES TO EXERCISE HER DISCRETION UNDER S.49 OF THE MINERALS AND PETROLEUM RESOURCES DEVELOPMENT ACT TO PROHIBIT AND RESTRICT PROSPECTING AND MINING IN AREAS OF CRITICAL BIODIVERSITY AND HYDROLOGICAL VALUE AND SENSITIVITY. https://cer.org.za/wp-content/uploads/2011/03/CER-Letter-to-Chamber-of-Mines-28-March-2011.pdf?x21779

Chicago

Centre for Environmental Rights. REQUEST TO THE MINISTER OF MINERAL RESOURCES TO EXERCISE HER DISCRETION UNDER S.49 OF THE MINERALS AND PETROLEUM RESOURCES DEVELOPMENT ACT TO PROHIBIT AND RESTRICT PROSPECTING AND MINING IN AREAS OF CRITICAL BIODIVERSITY AND HYDROLOGICAL VALUE AND SENSITIVITY. 2011. https://cer.org.za/wp-content/uploads/2011/03/CER-Letter-to-Chamber-of-Mines-28-March-2011.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=REQUEST TO THE MINISTER OF MINERAL RESOURCES TO EXERCISE HER DISCRETION UNDER S.49 OF THE MINERALS AND PETROLEUM RESOURCES DEVELOPMENT ACT TO PROHIBIT AND RESTRICT PROSPECTING AND MINING IN AREAS OF CRITICAL BIODIVERSITY AND HYDROLOGICAL VALUE AND SENSITIVITY |date=28 March 2011 |url=https://cer.org.za/wp-content/uploads/2011/03/CER-Letter-to-Chamber-of-Mines-28-March-2011.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2011request, author = {{Centre for Environmental Rights}}, title = {{REQUEST TO THE MINISTER OF MINERAL RESOURCES TO EXERCISE HER DISCRETION UNDER S.49 OF THE MINERALS AND PETROLEUM RESOURCES DEVELOPMENT ACT TO PROHIBIT AND RESTRICT PROSPECTING AND MINING IN AREAS OF CRITICAL BIODIVERSITY AND HYDROLOGICAL VALUE AND SENSITIVITY}}, publisher = {Centre for Environmental Rights}, year = {2011}, month = mar, url = {https://cer.org.za/wp-content/uploads/2011/03/CER-Letter-to-Chamber-of-Mines-28-March-2011.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }