GUIDELINE FOR THE COMPILATION OF A SCOPING REPORT WITH DUE REGARD TO CONSULTATION WITH COMMUNITIES AND INTERESTED AND AFFECTED PARTIES AS REQUIRED IN TERMS OF SECTIONS 10(1)(b), 22(4)(b), and 39, READ TOGETHER WITH REGULATION 49 (2) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT (ACT 28 of 2002)

The document establishes a standard directive for applicants for mining rights to submit a scoping report within 30 days of application acceptance. It defines 'consultation' as a two-way communication process and 'community' as historically disadvantaged persons with rights to a particular area. The guideline details the obligations of the applicant, including identifying and notifying affected parties, conducting meetings to assess impacts on cultural, socio-economic, and biophysical environments, and documenting these interactions through minutes and attendance registers. The resulting scoping report must include the methodology used, a description of the existing environment, an identification of anticipated impacts, and a description of the engagement process.

• The scoping report is a critical component of the fairness process, as the decision to grant a mining right depends on whether the consultation process was sufficient to be procedurally fair.
• Consultation is defined as a two-way communication process where the applicant seeks, listens to, and considers responses from the community or affected parties to ensure openness in decision-making.
• Interested and affected parties are broadly defined to include host communities, landowners (both traditional and title deed), traditional authorities, land claimants, lawful occupiers, the Department of Land Affairs, local municipalities, relevant government departments, and any other person whose socio-economic conditions may be directly affected.
• Applicants must conduct meetings with affected parties to inform them of the prospecting operation's details, reach agreements regarding the cultural, socio-economic, or biophysical environment, and record these outcomes via minutes, signed attendance registers, and potentially video recordings.
• The required scoping report must contain a detailed description of the existing status of the cultural, heritage, socio-economic, and biophysical environments (including water, flora, fauna, air, soil, and topography), with confirmation that the consulted parties agree with this description.
• The scoping report must identify anticipated environmental, social, and cultural impacts, including cumulative impacts and specific effects on employment, community health, and community proximity, while linking these to the Social and Labour Plan.

APA

Centre for Environmental Rights (n.d.). GUIDELINE FOR THE COMPILATION OF A SCOPING REPORT WITH DUE REGARD TO CONSULTATION WITH COMMUNITIES AND INTERESTED AND AFFECTED PARTIES AS REQUIRED IN TERMS OF SECTIONS 10(1)(b), 22(4)(b), and 39, READ TOGETHER WITH REGULATION 49 (2) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT (ACT 28 of 2002). https://cer.org.za/wp-content/uploads/2013/03/Scoping-Report-Guideline.pdf?x21779

Chicago

Centre for Environmental Rights. GUIDELINE FOR THE COMPILATION OF A SCOPING REPORT WITH DUE REGARD TO CONSULTATION WITH COMMUNITIES AND INTERESTED AND AFFECTED PARTIES AS REQUIRED IN TERMS OF SECTIONS 10(1)(b), 22(4)(b), and 39, READ TOGETHER WITH REGULATION 49 (2) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT (ACT 28 of 2002). n.d. https://cer.org.za/wp-content/uploads/2013/03/Scoping-Report-Guideline.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=GUIDELINE FOR THE COMPILATION OF A SCOPING REPORT WITH DUE REGARD TO CONSULTATION WITH COMMUNITIES AND INTERESTED AND AFFECTED PARTIES AS REQUIRED IN TERMS OF SECTIONS 10(1)(b), 22(4)(b), and 39, READ TOGETHER WITH REGULATION 49 (2) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT (ACT 28 of 2002) |url=https://cer.org.za/wp-content/uploads/2013/03/Scoping-Report-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 A SCOPING REPORT WITH DUE REGARD TO CONSULTATION WITH COMMUNITIES AND INTERESTED AND AFFECTED PARTIES AS REQUIRED IN TERMS OF SECTIONS 10(1)(b), 22(4)(b), and 39, READ TOGETHER WITH REGULATION 49 (2) 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/Scoping-Report-Guideline.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }