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

The Centre for Environmental Rights (CER) warns the Minister of Mineral Resources that the commencement of the Mineral and Petroleum Resources Development Amendment Act, 2008 (MPRDAA) on 7 June 2013 has created a regulatory void. Because certain sections were deleted while the introduction of new environmental authorisation requirements (sections 5A and 38A) was suspended for 18 months, it is currently no longer a legal requirement or a criminal offence to prospect or mine without an approved Environmental Management Plan (EMP) or Environmental Management Programme (EMPR). The CER argues this violates section 24 of the Constitution and poses imminent risks to the environment, urging the Minister to amend the Presidential Proclamation of 31 May 2013 to restore these protections.

• The commencement of the MPRDAA on 7 June 2013 deleted sections 5(4) and 39 of the principal Act, which previously mandated that no person may prospect or mine without an approved Environmental Management Plan (EMP) or Environmental Management Programme (EMPR).
• A regulatory gap has emerged because the commencement of new sections 5A and 38A—which would require environmental authorisations (EA) under the National Environmental Management Act, 1998 (NEMA)—has been suspended for 18 months.
• Due to the deletion of section 5(4), it is no longer a criminal offence to prospect or mine without an approved EMP or EMPR, despite section 98(a)(i) remaining in effect.
• The CER asserts that allowing mining and prospecting to proceed without approved environmental plans is a violation of section 24 of the Constitution and creates imminent environmental risks.

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} }