NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002

The Centre for Environmental Rights (CER) filed a notice of appeal on 21 September 2020 against a decision by the Minister of Mineral Resources and Energy (or delegated official) to grant Mineral Sands Resources (Pty) Ltd (MSR) and Tormin Mineral Sands (Pty) Ltd an amendment to their mining rights under section 102 of the Mineral and Petroleum Resources Development Act (MPRDA). The appeal seeks to set aside the amendment and suspend operations at the Tormin Mine extension, arguing that the process was used to unlawfully expand mining areas without proper public participation or consideration of the site's high biodiversity value.

• The CER appeals the decision to allow MSR and Tormin Mineral Sands to extend mining operations at the Tormin Mine by an additional 188.7 hectares. This extension includes mining a strip of coastline consisting of ten beaches, conducting inland "strand line" mining on Farm Geelwal Karoo 262, and building additional infrastructure such as processing plants and stockpile areas.
• The CER argues that using section 102 of the MPRDA to significantly expand a mining area is unlawful and constitutes a circumvention of the standard application process for new mining rights and environmental impact assessments (EIAs). The CER contends that section 102 should only apply to non-substantive amendments.
• The CER claims a lack of transparency and a failure to conduct a public participation process specifically for the section 102 amendment. While the Department of Mineral Resources (DMR) suggested that the public participation for the Integrated Environmental Authorisation (IEA) under NEMA was sufficient, the CER asserts that the MPRDA amendment is a separate administrative action requiring its own fair procedure.
• The appeal highlights the extreme environmental sensitivity of the Tormin Mine extension area, noting it falls within a Critical Biodiversity Area (CBA) Type 1, where the management objective is to maintain a natural state with no further habitat loss.
• The site is located within the Succulent Karoo, one of three globally recognised terrestrial biodiversity hotspots, and is classified as a Category B area under the Mining and Biodiversity Guideline, meaning it has the "Highest biodiversity importance" and is at the "Highest Risk for mining."
• The CER discovered the approval of the section 102 amendment not through official government notification, but via Australian Stock Exchange (ASX) releases from MSR's parent company, Mineral Resource Commodities (MRC), in September 2020.

APA

Centre for Environmental Rights (2020). NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002. https://cer.org.za/wp-content/uploads/2020/10/CER-section-961-MPRDA-Appeal-21-September-2020.pdf?x21779

Chicago

Centre for Environmental Rights. NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002. 2020. https://cer.org.za/wp-content/uploads/2020/10/CER-section-961-MPRDA-Appeal-21-September-2020.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002 |date=21 September 2020 |url=https://cer.org.za/wp-content/uploads/2020/10/CER-section-961-MPRDA-Appeal-21-September-2020.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2020notice, author = {{Centre for Environmental Rights}}, title = {{NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002}}, publisher = {Centre for Environmental Rights}, year = {2020}, month = sep, url = {https://cer.org.za/wp-content/uploads/2020/10/CER-section-961-MPRDA-Appeal-21-September-2020.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }