GUIDELINE FOR THE COMPILATION OF AN ENVIRONMENTAL MANAGEMENT PLAN TO BE SUBMITTED WITH APPLICATIONS FOR A PROSPECTING RIGHT IN TERMS OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, (ACT NO. 28 OF 2002)

This document provides a detailed guideline for applicants seeking a prospecting right under the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002). It outlines the mandatory components of an Environmental Management Plan (EMP), which is a prerequisite for the Minister to conclude that prospecting will not cause unacceptable pollution or ecological damage. The guideline specifies requirements for environmental descriptions, impact assessments, financial provisions, monitoring, closure objectives, and public participation.

• Under section 17(1) of the Act, the Minister may only grant a prospecting right if several criteria are met, including the requirement that the operation will not result in "unacceptable pollution, ecological degradation or damage to the environment". The document asserts that this conclusion cannot be reached unless an Environmental Management Plan meeting the requirements of section 39 (4) of the Act has been submitted.
• The EMP must include a comprehensive description of the environment, including a map of environmental, cultural/heritage, and land use features. Applicants must explicitly confirm if the community, landowner, and interested and affected parties participated in this description; if they did not, a detailed explanation is required, particularly if the landowner denied access.
• Applicants must conduct an assessment of potential impacts on the environment, socio-economic conditions, and cultural heritage. This must include a list of main prospecting activities, their spatial location, and their phases (construction, operational, and decommissioning). Specialist reports are required for the evaluation of cultural and heritage resources, in consultation with regional state organs such as SAHRA.
• The guideline requires a summary of the significance of potential impacts and the proposal of mitigation measures. This involves establishing criteria for assigning significance, listing actions that require mitigation, and reviewing the impact rating after mitigation measures are applied.
• The EMP must detail a record of public participation, including the identification of communities, landowners, lawful occupiers, the Local Municipality, and relevant government departments. It must provide evidence that these parties were notified and include a list of their views and concerns regarding the biophysical, socio-economic, or cultural environment.
• An environmental awareness plan is required to describe how employees will be informed of environmental risks, how those risks will be managed to avoid pollution, and the training provided for emergency situations and remediation.
• The applicant must demonstrate the capacity to rehabilitate and manage negative impacts, which is distinct from the financial provision for the State's risk. This requires stating the amount needed for management and rehabilitation and confirming this amount is included in the budget of the Prospecting Work Programme per Regulation 7 (1) (j) (ii).

APA

Centre for Environmental Rights (n.d.). GUIDELINE FOR THE COMPILATION OF AN ENVIRONMENTAL MANAGEMENT PLAN TO BE SUBMITTED WITH APPLICATIONS FOR A PROSPECTING RIGHT IN TERMS OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, (ACT NO. 28 OF 2002). https://cer.org.za/wp-content/uploads/2013/03/EMP-Guideline.pdf?x21779

Chicago

Centre for Environmental Rights. GUIDELINE FOR THE COMPILATION OF AN ENVIRONMENTAL MANAGEMENT PLAN TO BE SUBMITTED WITH APPLICATIONS FOR A PROSPECTING RIGHT IN TERMS OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, (ACT NO. 28 OF 2002). n.d. https://cer.org.za/wp-content/uploads/2013/03/EMP-Guideline.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=GUIDELINE FOR THE COMPILATION OF AN ENVIRONMENTAL MANAGEMENT PLAN TO BE SUBMITTED WITH APPLICATIONS FOR A PROSPECTING RIGHT IN TERMS OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, (ACT NO. 28 OF 2002) |url=https://cer.org.za/wp-content/uploads/2013/03/EMP-Guideline.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndguideline, author = {{Centre for Environmental Rights}}, title = {{GUIDELINE FOR THE COMPILATION OF AN ENVIRONMENTAL MANAGEMENT PLAN TO BE SUBMITTED WITH APPLICATIONS FOR A PROSPECTING RIGHT IN TERMS OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, (ACT NO. 28 OF 2002)}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2013/03/EMP-Guideline.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }