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

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The guideline details the mandatory components of an EIA and EMP for mining right applications in South Africa. The EIA must establish baseline environmental data, identify potential impacts—including acid mine drainage and socio-economic effects—and evaluate alternative land uses. The EMP must outline environmental objectives for mine closure, implementation programmes for mitigation, emergency procedures, and financial provisions for rehabilitation. Applicants are required to engage interested and affected parties and provide specialist reports as appendices to ensure the mining operation does not result in unacceptable pollution or ecological degradation.

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  • To obtain a mining right under section 23(1) of the Act, an applicant must demonstrate that the mining will not cause "unacceptable pollution, ecological degradation or damage to the environment", a conclusion that cannot be reached without the submission of an Environmental Management Programme meeting section 39 (4) requirements.
  • The Environmental Impact Assessment (EIA) must include a baseline environment description, a detailed account of the proposed mining operation (including methods and magnitude), and an identification of potential impacts, specifically including "acid mine drainage and/ or groundwater contamination where applicable".
  • Applicants must conduct a comparative assessment of alternative land uses, integrating "social, economic and environmental factors into a comparison of the costs and benefits of the alternative land uses with those of the mining operation on an equitable basis".
  • The EIA requires the quantification of socio-economic impacts on directly affected persons, specifically stating the loss in value of "property or infrastructural assets" and the loss in "net present value of commercial, economic or business activity".
  • The Environmental Management Programme (EMP) must define specific goals for mine closure and the management of impacts, including a list of "measures required to contain or remedy any causes of pollution or degradation or the migration of pollutants" for both closure and post-closure phases.
  • Applicants must provide a detailed financial provision plan, including 10 yearly forecasts to determine a "progressive total in year 10 (excluding concurrent rehabilitation)", and confirm the total amount to be provided if the right is granted.
  • The guidelines mandate an Environmental Awareness Plan to inform employees of "any environmental risk which may result from their work" and provide training on emergency situations and remediation.

Cite the original document

APA
Centre for Environmental Rights (n.d.). GUIDELINE FOR THE COMPILATION OF AN ENVIRONMENTAL IMPACT ASSESSMENT AND AN ENVIRONMENTAL MANAGEMENT PROGRAMME TO BE SUBMITTED WITH APPLICATIONS FOR A MINING 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/EMPR-Guideline.pdf?x21779
Chicago
Centre for Environmental Rights. GUIDELINE FOR THE COMPILATION OF AN ENVIRONMENTAL IMPACT ASSESSMENT AND AN ENVIRONMENTAL MANAGEMENT PROGRAMME TO BE SUBMITTED WITH APPLICATIONS FOR A MINING 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/EMPR-Guideline.pdf?x21779.
Wikipedia
{{cite report |author=Centre for Environmental Rights |title=GUIDELINE FOR THE COMPILATION OF AN ENVIRONMENTAL IMPACT ASSESSMENT AND AN ENVIRONMENTAL MANAGEMENT PROGRAMME TO BE SUBMITTED WITH APPLICATIONS FOR A MINING 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/EMPR-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 IMPACT ASSESSMENT AND AN ENVIRONMENTAL MANAGEMENT PROGRAMME TO BE SUBMITTED WITH APPLICATIONS FOR A MINING 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/EMPR-Guideline.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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