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)

The guideline establishes a standard directive for applicants of prospecting rights, mining rights, or mining permits to conduct and report on consultations with affected parties. It defines 'consultation' as a two-way communication process and 'community' as historically disadvantaged persons with rights in a specific area. The document outlines the specific legislative timelines for notification and the detailed contents required in consultation reports, including the identification of landowners, traditional authorities, and the assessment of socio-economic and biophysical impacts.

• The guideline defines 'consultation' as a "two way communication process between the applicant and the community or interested and affected party" where the applicant seeks, listens to, and considers responses to ensure openness in decision-making.
• Applicants for prospecting rights, mining rights, or mining permits must submit a consultation report within 30 days of being notified by the Regional Manager that their application has been accepted.
• Interested and affected parties to be consulted include host communities, landowners (both title deed and traditional), traditional authorities, land claimants, lawful land occupiers, the Department of Land Affairs, local municipalities, and relevant government agencies responsible for infrastructure and the environment.
• The Regional Manager is required to make applications known via a notice on their office notice board and through at least one other method: the Provincial Gazette, a magistrates court notice in the applicable district, or an advertisement in a local or national newspaper.
• Consultation reports must include a detailed methodology, a description of the existing cultural, socio-economic, or biophysical environment, an identification of anticipated impacts, and a description of proposed land use or development alternatives.
• Applicants must provide evidence of consultation through minutes of meetings, which must include the agenda, a signed attendance register with telephone numbers, and, where applicable, a stamped tribal resolution. Video recordings on DVD may also be submitted as proof.

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} }