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)
Summary
The guideline outlines the mandatory components of an Environmental Management Plan (EMP) for prospecting right applications in South Africa. It specifies requirements for environmental descriptions, impact assessments, mitigation measures, financial provisions for rehabilitation, monitoring programmes, and detailed records of public participation. It also distinguishes between the financial provision for state risk and the applicant's own capacity to fund environmental management.
Key insights
- An Environmental Management Plan (EMP) is a prerequisite for the Minister to conclude that prospecting will not cause "unacceptable pollution, ecological degradation or damage to the environment".
- Applicants must provide a detailed description of the site's environment, including a map of environmental, cultural/heritage, and land use features, and confirm if the community and landowners participated in the description.
- The impact assessment must identify potential impacts for each activity across construction, operational, and decommissioning phases, including cumulative impacts and a specialist report on cultural and heritage resources in consultation with organs like SAHRA.
- Applicants must calculate the quantum of financial provision required for environmental management and rehabilitation for each phase, ensuring the rehabilitation plan aligns with closure objectives.
- The EMP must include a comprehensive record of public participation, identifying all interested parties—including Traditional Authorities, the Department of Land Affairs, and lawful occupiers—and detailing their views and objections.
- Applicants must submit an environmental awareness plan detailing how employees will be informed of environmental risks and trained in emergency remediation.
- The guideline distinguishes between 'financial provision' (which addresses financial risk to the State) and the applicant's 'capacity to rehabilitate', requiring the latter to be explicitly budgeted within the Prospecting Work Programme.
Cite the original document
- 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} }
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