SUBMISSIONS ON THE DRAFT UPSTREAM PETROLEUM RESOURCES DEVELOPMENT BILL, 2019

The Centre for Environmental Rights (CER), on behalf of itself and clients groundWork and Earthlife Africa, submitted a statement to the Minister of Mineral Resources and Energy opposing the draft Upstream Petroleum Resources Development Bill, 2019. The CER argues that the Bill is a flawed replication of the Mineral and Petroleum Resources Development Act (MPRDA) that fails to address the climate emergency, violates constitutional rights to administrative justice, and improperly encroaches upon environmental regulatory powers.

• The CER asserts that the draft Bill is a replication of the Mineral and Petroleum Resources Development Act (MPRDA) but removes critical objectives, including the state's obligation to protect the environment, community development imperatives, and the need to address past racial discrimination.
• The document argues that the Bill is irrational and violates the Constitution because it seeks to accelerate fossil fuel development during a climate emergency, ignoring South Africa's extreme vulnerability to climate change and its international commitments under the Paris Agreement.
• The CER claims the Bill fails to ensure fair administrative action and access to information, duplicating deficiencies from the MPRDA regarding the notification and meaningful consultation of interested and affected parties.
• The submission criticizes the Bill for removing the Minister's discretion in granting permits and rights, stating that the Minister is obligated to grant them if certain criteria are met, which is deemed inappropriate given the cumulative impacts on the carbon budget.
• The CER contends that the Minister of Mineral Resources and Energy is improperly encroaching into the sphere of environmental regulation, which should be led by the Minister of Environment, Forestry and Fisheries under the One Environmental System (OES).
• The document identifies several vague or circular definitions within the Bill, specifically regarding 'Exploration operation and reconnaissance', 'Petroleum', 'Production operation', and 'Owner', the latter of which fails to account for customary land law.
• The CER recommends that no authorizations under the Bill should commence until a strategic environmental assessment (SEA) for petroleum resources development in South Africa is conducted to inform the industry's direction.

APA

Centre for Environmental Rights (2020). SUBMISSIONS ON THE DRAFT UPSTREAM PETROLEUM RESOURCES DEVELOPMENT BILL, 2019. https://cer.org.za/wp-content/uploads/2020/02/CER_groundWork_Earthlife-Comments-on-Draft-Upstream-Petroleum-Resources-Development-Bill-2019_21-February-2020.pdf?x21779

Chicago

Centre for Environmental Rights. SUBMISSIONS ON THE DRAFT UPSTREAM PETROLEUM RESOURCES DEVELOPMENT BILL, 2019. 2020. https://cer.org.za/wp-content/uploads/2020/02/CER_groundWork_Earthlife-Comments-on-Draft-Upstream-Petroleum-Resources-Development-Bill-2019_21-February-2020.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=SUBMISSIONS ON THE DRAFT UPSTREAM PETROLEUM RESOURCES DEVELOPMENT BILL, 2019 |date=21 February 2020 |url=https://cer.org.za/wp-content/uploads/2020/02/CER_groundWork_Earthlife-Comments-on-Draft-Upstream-Petroleum-Resources-Development-Bill-2019_21-February-2020.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2020submissions, author = {{Centre for Environmental Rights}}, title = {{SUBMISSIONS ON THE DRAFT UPSTREAM PETROLEUM RESOURCES DEVELOPMENT BILL, 2019}}, publisher = {Centre for Environmental Rights}, year = {2020}, month = feb, url = {https://cer.org.za/wp-content/uploads/2020/02/CER_groundWork_Earthlife-Comments-on-Draft-Upstream-Petroleum-Resources-Development-Bill-2019_21-February-2020.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }