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)

This guideline provides a standard directive for applicants for mining rights under the Mineral and Petroleum Resources Development Act (Act 28 of 2002) on how to compile a scoping report. It emphasizes the necessity of a fair consultation process with communities and interested and affected parties to ensure that the decision to grant mining rights is procedurally fair.

• Applicants for mining rights under Section 29 (a) and Regulation 49 (4) of the Mineral and Petroleum Resources Development Act must submit a scoping report within 30 days of being notified by the Regional Manager that their application has been accepted.
• Consultation is defined as a two-way communication process where the applicant seeks, listens to, and considers the responses of the community or interested and affected parties to ensure openness in decision-making.
• Interested and affected parties include a broad range of entities, such as host communities, landowners (both traditional and title deed), traditional authorities, land claimants, lawful land occupiers, the Department of Land Affairs, local municipalities, and relevant government departments or agencies responsible for infrastructure and the environment.
• The Regional Manager is required to notify the public of an accepted application via a notice board at their office and through at least one other method: publication in a Provincial Gazette, a notice in the applicable magistrates court, or an advertisement in a local or national newspaper.
• Applicants have specific obligations during the consultation process, including identifying all affected parties, notifying them (observing protocol for Traditional Leaders), and holding meetings to inform parties of the operation's details and reach agreements regarding potential impacts on the cultural, socio-economic, or biophysical environment.
• The required scoping report must be comprehensive, including the methodology used for scoping, a description of the existing environment (cultural, heritage, socio-economic, and biophysical), an identification of anticipated impacts (including cumulative impacts), and a description of land use alternatives.
• The scoping report must document the engagement process by providing a list of parties actually consulted, their views on the environment and potential impacts, any objections received, and the minutes and records of the consultations.

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} }