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)

This guideline provides detailed instructions for applicants seeking a mining right under the Mineral and Petroleum Resources Development Act, 2002. It outlines the mandatory requirements for compiling an Environmental Impact Assessment (EIA) and an Environmental Management Programme (EMP) to ensure that mining operations do not result in unacceptable pollution, ecological degradation, or environmental damage.

• To obtain a mining right under section 23(1) of the Act, the Minister must be satisfied that the mining will not cause "unacceptable pollution, ecological degradation or damage to the environment". This determination cannot be made unless an Environmental Management Programme meeting the requirements of section 39 (4) of the Act has been submitted.
• The Environmental Impact Assessment (EIA) must establish baseline information and evaluate impacts on the environment, the socio-economic conditions of directly affected persons, and the national estate as defined by the National heritage resources Act, 1999. This includes identifying potential risks of "acid mine drainage and/ or groundwater contamination" and providing a specialist geo-hydrological report if such risks exist.
• Applicants must conduct a comparative assessment of alternative land uses and developments. This requires a specialist study based on "generally accepted principles of sustainable development" to compare the costs and benefits of alternative land uses against the proposed mining operation on an equitable basis.
• The EIA process requires a documented engagement process with interested and affected parties. Applicants must list landowners, local and provincial government departments, the Land Claims Commissioner, Traditional Authorities, and relevant local communities consulted, and demonstrate how the issues raised by these parties were addressed.
• The Environmental Management Programme (EMP) must define environmental objectives and specific goals for mine closure, the management of environmental impacts, and socio-economic conditions. It must include a detailed implementation programme with technical and management options for each phase of the operation: "construction, operational, closure and post closure".
• Applicants must provide a detailed financial provision for the execution of the EMP. This includes a plan showing the aerial extent of mining activities to calculate costs according to Department guidelines, 10 years of forecasts, and a confirmation of the total amount to be provided if the right is granted.
• Under section 39 (4) (a) (iii) of the Act, applicants must demonstrate the capacity to manage and rehabilitate the environment. This is distinct from the financial provision for the State; the applicant must state the amount required for management and rehabilitation and confirm this is included in the budget of the Mining Work Programme.

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} }