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

A formal request from the Centre for Environmental Rights and a coalition of twelve other NGOs to the South African Minister of Mineral Resources. The document urges the Minister to use her discretion under Section 49 of the Minerals and Petroleum Resources Development Act (MPRDA) to prohibit or restrict prospecting and mining in areas of critical biodiversity and hydrological value to protect the environment and mitigate climate change impacts.

• Thirteen non-government and civil society organisations are requesting the Minister of Mineral Resources to use Section 49 of the MPRDA to prohibit the granting of reconnaissance permissions, prospecting rights, mining rights, or mining permits in areas of critical biodiversity, conservation, and hydrological importance.
• The proposal identifies specific categories of land where prospecting and mining should be completely prohibited, including mountain catchment areas declared under the Mountain Catchment Areas Act of 1970, Ramsar Sites (such as Kosi Bay and the Nylsvlei Ramsar Reserve), and recognised endangered or critically endangered ecosystems (such as the Ngoye Scarp Forest and Kogelberg).
• For areas of biodiversity and hydrological importance not subject to total prohibition, the coalition proposes procedural restrictions to improve decision-making. These include making all application documents public, requiring notice in national and local newspapers, and mandating that public meetings be held in the closest town and a major capital city (Johannesburg, Cape Town, Port Elizabeth, or Durban).
• The proposal suggests rigorous environmental oversight for restricted areas, including independent peer review of all Scoping and Environmental Impact Reports, a minimum 60-day period for public comments, and requiring that financial provisions for environmental remediation be approved by the Department of Environmental Affairs or the Department of Water Affairs.
• The coalition argues that mining has significant direct and indirect impacts on the biophysical environment, including soil, water resources, and biodiversity, and contributes to climate change. They cite acid mine drainage on the Witwatersrand as evidence of these detrimental impacts.
• The request aligns with the government's 'Outcome 10 Delivery Agreement' of September 2010, which committed the state to identify 'national areas… for restricted mineral development' and gazette these areas by April 2014.

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/2011/07/CER-Letter-to-Minister-Shabangu-re-MPRDA-s49-1-Feb-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/2011/07/CER-Letter-to-Minister-Shabangu-re-MPRDA-s49-1-Feb-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=1 February 2011 |url=https://cer.org.za/wp-content/uploads/2011/07/CER-Letter-to-Minister-Shabangu-re-MPRDA-s49-1-Feb-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 = feb, url = {https://cer.org.za/wp-content/uploads/2011/07/CER-Letter-to-Minister-Shabangu-re-MPRDA-s49-1-Feb-2011.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }