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 document argues that protecting critical biodiversity and hydrological areas from mining is in the national interest and essential for climate change mitigation and adaptation. It proposes a list of areas for total prohibition and a set of procedural restrictions for other sensitive zones to improve decision-making and environmental oversight.

• The applicants propose a total prohibition on reconnaissance, prospecting, and mining rights in specific high-value areas, including Mountain catchment areas declared under the Mountain Catchment Areas Act 1970 (such as the Amatholes in the Eastern Cape), 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 not subject to total prohibition, the document proposes strict procedural restrictions to improve the quality of decision-making. These include making all applicant documents public, requiring notice in two national and one local newspaper, and ensuring public meetings are held in the closest town and a major capital city (Johannesburg, Cape Town, Port Elizabeth, or Durban).
• The proposal calls for enhanced environmental oversight in restricted areas, including independent peer reviews of Scoping and Environmental Impact Reports, and requiring that financial provisions for remediation and Environmental Management Plans be approved by the Department of Environmental Affairs or the Department of Water Affairs.
• The document highlights that mining contributes to climate change and that protecting sensitive areas is a key adaptation and mitigation strategy. It references the National Climate Change Response Strategy 2010, noting that large-scale open-cast mines can reduce natural carbon-sequestration capacity and increase water stress.
• The applicants express concern that prospecting and mining rights have been granted in already prohibited areas, such as World Heritage Sites and National Parks, often due to false information provided to the Department of Mineral Resources.

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} }