GUIDELINE FOR CONSULTATION WITH COMMUNITIES AND INTERESTED AND AFFECTED PARTIES AS REQUIRED IN TERMS OF SECTIONS 10(1)(b),16(4)(b), 22(4)(b), 27(5)(b) and 39 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT (ACT 28 of 2002)

This document provides a standard directive and guidelines for applicants seeking prospecting rights, mining rights, or mining permits under the Mineral and Petroleum Resources Development Act (Act 28 of 2002). It outlines the mandatory processes for notifying and consulting with communities, landowners, and other interested and affected parties to ensure procedural fairness and informed decision-making before mining activities commence.

• The guideline defines 'consultation' as a bidirectional communication process where the applicant seeks, listens to, and considers the responses of the community or affected parties to ensure openness in decision-making.
• Applicants for prospecting rights, mining rights, or mining permits must submit a consultation report within 30 days after the Regional Manager notifies them that their application has been accepted.
• The Regional Manager is required to notify the public of an accepted application via a notice board at their office and through at least one additional method: the Provincial Gazette, a magistrates court notice in the applicable district, or a local or national newspaper.
• Applicants have specific obligations to identify and notify all interested and affected parties, which include host communities, traditional and title deed landowners, traditional authorities, land claimants, lawful occupiers, the Department of Land Affairs, local municipalities, and relevant government agencies.
• Consultation meetings must provide sufficient detail about the prospecting operation to allow parties to assess impacts and must be documented with minutes, agendas, signed attendance registers, and, where applicable, stamped tribal resolutions or video recordings.
• The required consultation report must include a detailed methodology, a description of the existing cultural, socio-economic, and biophysical environment, an identification of anticipated impacts, and a list of views and concerns raised by the consulted parties.

APA

Centre for Environmental Rights (n.d.). GUIDELINE FOR CONSULTATION WITH COMMUNITIES AND INTERESTED AND AFFECTED PARTIES AS REQUIRED IN TERMS OF SECTIONS 10(1)(b),16(4)(b), 22(4)(b), 27(5)(b) and 39 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT (ACT 28 of 2002). https://cer.org.za/wp-content/uploads/2013/03/DMR-consultation-guidelines.pdf?x21779

Chicago

Centre for Environmental Rights. GUIDELINE FOR CONSULTATION WITH COMMUNITIES AND INTERESTED AND AFFECTED PARTIES AS REQUIRED IN TERMS OF SECTIONS 10(1)(b),16(4)(b), 22(4)(b), 27(5)(b) and 39 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT (ACT 28 of 2002). n.d. https://cer.org.za/wp-content/uploads/2013/03/DMR-consultation-guidelines.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=GUIDELINE FOR CONSULTATION WITH COMMUNITIES AND INTERESTED AND AFFECTED PARTIES AS REQUIRED IN TERMS OF SECTIONS 10(1)(b),16(4)(b), 22(4)(b), 27(5)(b) and 39 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT (ACT 28 of 2002) |url=https://cer.org.za/wp-content/uploads/2013/03/DMR-consultation-guidelines.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndguideline, author = {{Centre for Environmental Rights}}, title = {{GUIDELINE FOR CONSULTATION WITH COMMUNITIES AND INTERESTED AND AFFECTED PARTIES AS REQUIRED IN TERMS OF SECTIONS 10(1)(b),16(4)(b), 22(4)(b), 27(5)(b) and 39 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT (ACT 28 of 2002)}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2013/03/DMR-consultation-guidelines.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }