REQUEST TO TAKE URGENT STEPS TO REMEDY CONSEQUENCES OF COMMENCEMENT OF MPRDA AMENDMENT ACT AS READ WITH THE 31 MAY AND 6 JUNE 2013 PROCLAMATIONS

A letter from the Centre for Environmental Rights to the Minister of Mineral Resources requesting urgent action to remedy a legal gap created by the commencement of the Mineral and Petroleum Resources Development Amendment Act, 2008 (MPRDAA), which effectively allows prospecting and mining to occur without approved environmental management plans.

• The commencement of the Mineral and Petroleum Resources Development Amendment Act, 2008 (MPRDAA) on 7 June 2013 resulted in the deletion of sections 5(4) and 39 of the principal Act, while the commencement of new sections 5A and 38A was suspended for 18 months.
• Due to these legislative changes, an approved Environmental Management Plan (EMP) or Environmental Management Programme (EMPR) is no longer a prerequisite for starting prospecting or mining operations, and the Minister of Mineral Resources currently lacks the power to approve such plans.
• The deletion of section 5(4) means that prospecting or mining without an approved EMP or EMPR is no longer a criminal offence, despite section 98(a)(i) remaining unamended.
• The Centre for Environmental Rights asserts that allowing mining and prospecting to proceed without approved environmental plans violates section 24 of the Constitution and creates imminent environmental risks.
• The Centre for Environmental Rights urges the Minister to amend the Presidential Proclamation of 31 May 2013 to exclude the deletion of sections 5(4) and 39 and the amendment of sections 17(5) and 23(5) from the commencement of the MPRDAA.

APA

Centre for Environmental Rights (2013). REQUEST TO TAKE URGENT STEPS TO REMEDY CONSEQUENCES OF COMMENCEMENT OF MPRDA AMENDMENT ACT AS READ WITH THE 31 MAY AND 6 JUNE 2013 PROCLAMATIONS. https://cer.org.za/wp-content/uploads/2013/06/CER-Letter-to-Min-Shabangu-re-Consequences-of-commencement-of-MPRDAA-2008-18-June-2013.pdf?x21779

Chicago

Centre for Environmental Rights. REQUEST TO TAKE URGENT STEPS TO REMEDY CONSEQUENCES OF COMMENCEMENT OF MPRDA AMENDMENT ACT AS READ WITH THE 31 MAY AND 6 JUNE 2013 PROCLAMATIONS. 2013. https://cer.org.za/wp-content/uploads/2013/06/CER-Letter-to-Min-Shabangu-re-Consequences-of-commencement-of-MPRDAA-2008-18-June-2013.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=REQUEST TO TAKE URGENT STEPS TO REMEDY CONSEQUENCES OF COMMENCEMENT OF MPRDA AMENDMENT ACT AS READ WITH THE 31 MAY AND 6 JUNE 2013 PROCLAMATIONS |date=18 June 2013 |url=https://cer.org.za/wp-content/uploads/2013/06/CER-Letter-to-Min-Shabangu-re-Consequences-of-commencement-of-MPRDAA-2008-18-June-2013.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2013request, author = {{Centre for Environmental Rights}}, title = {{REQUEST TO TAKE URGENT STEPS TO REMEDY CONSEQUENCES OF COMMENCEMENT OF MPRDA AMENDMENT ACT AS READ WITH THE 31 MAY AND 6 JUNE 2013 PROCLAMATIONS}}, publisher = {Centre for Environmental Rights}, year = {2013}, month = jun, url = {https://cer.org.za/wp-content/uploads/2013/06/CER-Letter-to-Min-Shabangu-re-Consequences-of-commencement-of-MPRDAA-2008-18-June-2013.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }