Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)
Notice No. 1273 of 2002
Act
Preamble
Chapter 1 : Definitions
1. Definitions
Chapter 2 : Fundamental Principles
2. Objects of Act
3. Custodianship of nation's mineral and petroleum resources
4. Interpretation of Act
5. Legal nature of prospecting right, mining right, exploration right or production right,
5A. Prohibition relating to illegal Act
6. Principles of administrative justice
Chapter 3 : Administration
7. Division of Republic, territorial waters, continental shelf and exclusive economic zone
8. Designation and functions of officer
Chapter 4 : Mineral and Environmental Regulation
9. Order of processing of applications
10. Consultation with interested and affected parties
11. Transferability and encumbrance of prospecting rights and mining rights
12. Assistance to historically disadvantaged persons
13. Application for reconnaissance permission
14. Issuing and duration of reconnaissance permission
15. Rights and obligations of holder of reconnaissance permission
16. Application for prospecting right
17. Granting and duration of prospecting right
18. Application for renewal of prospecting right
19. Rights and obligations of holder of prospecting right
20. Permission to remove and dispose of minerals
21. Information and data in respect of reconnaissance and prospecting
22. Application for mining right
23. Granting and duration of mining right
24. Application for renewal of mining right
25. Rights and obligations of holder of mining right
26. Mineral beneficiation
27. Application for, issuing and duration of mining permit
28. Information and data in respect of mining or processing of minerals
29. Minister's power to direct submission of specified information or data
30. Disclosure of Information
31. Application for retention permit
32. Issuing and duration of retention permit
33. Refusal of application for retention permit
34. Application for renewal of retention permit
35. Rights and obligations of holder of retention permit
36. Retention permit not transferable
37. Environmental management principles
38. [Repealed] Integrated environmental management and responsibility to remedy
38A. Environmental authorisations
38B. Approved environmental management programmes and environmental management plans
39. [Repealed] Environmental management programme and environmental management
40. [Repealed] Consultation with State departments
41. [Repealed] Financial provision for remediation of environmental damage
42. [Repealed] Management of residue stockpiles and residue deposits
43. Issuing of a closure certificate
44. Removal of buildings, structures and other objects
45. Minister's power to recover costs in event of urgent remedial measures
46. Minister's power to remedy environmental damage in certain instances
47. Minister's power to suspend or cancel rights, permits or permissions
48. Restriction or prohibition of prospecting and mining on certain land
49. Minister's power to prohibit or restrict prospecting or mining
50. Minister may Investigate occurrence, nature and extent of mineral resources
51. Optimal mining of mineral resources
52. Notice of profitability and curtailment of mining operations affecting employment
53. Use of land surface rights contrary to objects of Act
54. Compensation payable under certain circumstances
55. Minister's power to expropriate property for purpose of prospecting or mining
56. Lapsing of right, permit and permission
Chapter 5 : Minerals and Petroleum Board
57. Establishment of Minerals and Petroleum Board
58. Functions of Board
59. Composition of Board
60. Disqualification of members
61. Vacation of office
62. Term of office and filling of vacancies
63. Meetings of Board
64. Committees of Board
65. Funding of Board
66. Remuneration of members of Board, committees and working groups
67. Reports of Board
68. Administrative functions
Chapter 6 : Petroleum Exploration and Production
69. Application of Chapter
70. Designated agency
71. Functions of designated agency
72. Funding of designated agency
73. Invitation for applications
74. Application for reconnaissance permit
75. Issuing and duration of reconnaissance permit
76. Application for technical co-operation permit
77. Issuing and duration of technical co-operation permit
78. Rights and obligations of holder of technical co-operation permit
79. Application for exploration right
80. Granting and duration of exploration right
81. Application for renewal of exploration right
82. Rights and obligations of holder of exploration right
83. Application for production right
84. Granting and duration of production right
85. Application for renewal of production right
86. Rights and obligations of holder of production right
87. Development of petroleum reservoir as unit
88. Information and data
89. Financial guarantee
90. Minister's power to suspend or cancel permits or rights
Chapter 7 : General and Miscellaneous Provisions
91. Power to enter prospecting area, mining area or retention area
92. Routine inspections
93. Orders, suspensions and instructions
94. Prohibition of obstruction, hindering or opposing of authorised person
95. Prohibition of occupational detriment against employee
96. Internal appeal process and access to courts
97. Serving of documents
98. Offences
99. Penalties
100. Transformation of minerals industry
101. Appointment of contractor
102. Amendment of rights, permits, programmes and plans
103. Delegation and assignment
104. Preferent prospecting or mining right in respect of communities
105. Landowner or lawful occupier of land cannot be traced
106. Exemptions from certain provisions of Act
107. Regulations
108. Proof of facts
109. Act binds State
110. Repeal and amendment of laws, and transitional provisions
111. Short title and commencement
Schedules
Schedule I : Repeal or Amendment of Laws (Section 110)
Repeal or Amendment of Laws (Section 110)
Schedule II : Transitional Arrangements
1. Definitions
2. Objects of Schedule
3. Pending prospecting and mining applications
4. Continuation of Exploration Operation
5. Continuation of Production Operations
6. Continuation of old order prospecting right
7. Continuation of old order mining right
8. Processing of unused Old order rights
9. Continuation of reservations, permissions and certain rights
10. Continuation of approved environmental management programme
10A. Section 52
11. Consideration or royalty payable
12. Payment of compensation
13. Certain functions of Director: Mineral Development to be performed by Regional
Tables
Table 1 - Old order prospecting rights
Table 2 - Old order mining rights
Table 3 - Unused old order rights
Regulations
Amendment Regulations to the Mineral and Petroleum Resources Development Regulations, 2020
Notice No. R. 527 of 2004
Chapter 1
1. Definitions
Chapter 2 : Mineral and Petroleum, Social and Environmental Regulations
Part 1 : Mineral and Petroleum Regulation
2. Manner of lodging application and plan
3. Meaningful Consultation with interested and affected persons
3A. Obligation on the part of the applicant to consult meaningfully
3B. Notification by the prospecting right holder, mining right holder and mining permit holder before commencement of operations
4. Application for reconnaissance permission
5. Application for prospecting right
6. Terms and conditions of prospecting right
7. Prospecting work programme
8. Progress report in respect of prospecting
9. Application for renewal of prospecting right
10. Application for mining right
11. Mining work programme
12. Terms and conditions of mining right
13. Application for renewal of mining right
14. Application for mining permit
15. Monthly returns with respect to mining or processing of minerals
16. Application for retention permit
17. Application for renewal of retention permit
18. Application for reconnaissance permit
19. Terms and conditions for reconnaissance permit
20. Reconnaissance work programme
21. Report in respect of reconnaissance activities
22. Supply of data in respect of reconnaissance
23. Application for technical co-operation permit
24. Terms and conditions for technical co-operation permit
25. Technical co-operation work programme
26. Report in respect of technical co-operation activities
27. Supply of data in respect of technical co-operation activities
28. Application for exploration right
29. Terms and conditions for exploration right
30. Exploration work programme
31. Reports in respect of exploration
32. Supply of data in respect of exploration
33. Application for renewal of exploration right
34. Application for production right
35. Terms and conditions for production right
36. Production work programme
37. Supply of data in respect of production
38. Application for renewal of production right
39. Regional Mining Development and Environmental Committees
Part 2 : Social and Labour Plan
40. Application of provisions
41. Objectives of Social and Labour Plan
42. Submission of Social and Labour Plan
43. Applicability of Social and Labour Plan
44. Amendment of Social and Labour Plan
45. Reporting of Social and Labour Plan
46. Contents of Social and Labour Plan
46A. Publication of the approved Social and Labour Plan
46B. Review of the Social and Labour Plan
46C. Collaboration on Social and Labour Plans
Part 3 : Environmental Regulations for Mineral Development, Petroleum Exploration and Production
47. Application of provisions
48. [Repealed] Environmental reports to be compiled for application of mining right
49. [Repealed] Contents of scoping report
50. [Repealed] Contents of environmental impact assessment report
51. [Repealed] Environmental management programme
52. [Repealed] Environmental management plan
53. [Repealed] Methods for financial provision
54. [Repealed] Quantum of financial provision
55. [Repealed] Monitoring and performance assessments of environmental management programme or environmental management plan
56. Principles for mine closure
57. Application for closure certificate
58. Application to transfer environmental liabilities to competent person
59. Qualifications of person regarding transfer of environmental liabilities and responsibilities
60. Environmental risk report
61. Closure objectives
62. Contents of closure plan
[Repealed] Part 4 : Pollution Control and Waste Management Regulation
63. [Repealed] Principles of pollution control and waste management
64. [Repealed] Air quality management and control
65. [Repealed] Fire Prevention
66. [Repealed] Noise management and control
67. [Repealed] Blasting, vibration and shock management and control
68. [Repealed] Water management and pollution control
69. [Repealed] Disposal of waste material
70. [Repealed] Soil pollution and erosion control
71. [Repealed] Sanitation of surface
72. [Repealed] Granite off-cuts and related waste
73. [Repealed] Management of residue stockpiles and deposits
Part 5 : Regulation on Notice of Profitability and Curtailment of Mining Operations Affecting Employment
73A. Notice of profitability and curtailment of mining operations
Part 6 : Regulation on Application for use of Surface of Land Contrary to the Objects of the Act
73B. Application for use of surface of land contrary to the objects of the Act
Chapter 3 : Appeals
74. Appeal against administrative decisions
Chapter 4 : General and Miscellaneous Regulations
75. Application fees for permissions, permits, rights and appeals
76. Prospecting fees
76A. Onshore and Offshore exploration fees
77. Retention fees
Chapter 5 : Transitional ArrangementsNew topic
78. Lodgement of old order prospecting right listed in Table 1 of Schedule /I of the Act fo
79. Lodgement of old order mining right listed in Table 2 of Schedule II of the Act for con
80. Application of transitional arrangements to OP26 right and OP26 mining
81. Affidavit forms
82. Conversion fees
82A. Claim for compensation
83. Forms
Annexures
Annexure I
Form A - DME 275 : Application for Reconnaissance Permission
Form A (1)
Form A (2)
Form A (3)
Form A (4)
Form A Address List 1
Form A Minerals List 2
Form B - DME 274 : Application for Prospecting Right
Form B (1)
Form B (2)
Form B (3)
Form B (4)
Form B Address List 1
Form B Minerals List 2
Form C - DME 301 : Application for Renewal of Prospecting Right
Form C (1)
Form C (2)
Form C (3)
Form C (4)
Form C Address List 1
Form C Minerals List 2
Form D - DME 276 : Application for Mining Right
Form D (1)
Form D (2)
Form D (3)
Form D (4)
Form D Address List 1
Form D Minerals List 2
Form E - DME 303 : Application for Renewal of Mining Right
Form E (1)
Form E (2)
Form E (3)
Form E (4)
Form E Address List 1
Form E Minerals List 2
Form F - DME 282 : Application for Mining Permit
Form F (1)
Form F (2)
Form F (3)
Form F (4)
Form F Address List 1
Form F Minerals List 2
Form G - DME 283 : Application for Retention Permit
Form G (1)
Form G (2)
Form G (3)
Form G (4)
Form G Address List 1
Form G Minerals List 2
Form H - DME 299 : Application for Renewal of Retention Permit
Form H (1)
Form H (2)
Form H (3)
Form H (4)
Form H Address List 1
Form H Minerals List 2
Form I - DME 313 : Lodgement Form for the Conversion of an ...
Form I (1)
Form I (2)
Form I (3)
Form I (4)
Form I Address List 1
Form I Minerals List 2
Form J - DME 314 : Lodgement Form for the Conversion of an ...
Form J (1)
Form J (2)
Form J (3)
Form J (4)
Form J Address List 1
Form J Minerals List 2
Form K - DME 285 : Application for Reconnaissance Permit
Form K (1)
Form K (2)
Form K (3)
Form K (4)
Form K Address List 1
Form K Minerals List 2
Form L - DME 279 : Application for Technical Co-operation ...
Form L (1)
Form L (2)
Form L (3)
Form L (4)
Form L Address List 1
Form L Minerals List 2
Form M - DME 287 : Application for Exploration Right or the ...
Form M (1)
Form M (2)
Form M (3)
Form M (4)
Form M Address List 1
Form M Minerals List 2
Form N - DME 304 : Application for Production Right or the ...
Form N (1)
Form N (2)
Form N (3)
Form N (4)
Form N Address List 1
Form N Minerals List 2
Annexure II
Form O - DME 258 : Application to Transfer Environmental ...
Form O (1)
Form O (2)
Form O (3)
Form O Address List 1
Form P - DME 270 : Application for Closure Certificate
Form P (1)
Form P (2)
Form Q - DME 327 : The Number and Education Levels of Employees
Form Q (1)
Form Q Address List 1
Form R - DME 328 : Hard-To-Fill Vacancies
Form R (1)
Form R Address List 1
Form S - DME 325 : Employment Equity Statistics
Form S (1)
Form S Address List 1
Form T - DME 326 : Procurement
Form T (1)
Form T Address List 1
Form U - DME 356 : Affidavit in respect of the Continuation ...
Form V - DME 357 : Affidavit in respect of the Continuation ...
Form W - DME 358 : Affidavit in respect of the Continuation ...
Form X - DME 359 : Affidavit in respect of the Continuation ...
Form Y - Notice in terms of Section 52(1) of the Mineral and Petroleum Resources Development Act, 2002
Form Z - Details of the Application
Chapter 6 : General Provisions
84. Definitions
85. Purpose and application of Regulations
Chapter 7 : Environmental Impact Assessment
86. Environmental Impact Assessment
87. Assessment of conditions below ground
88. Water resource monitoring
89. Assessment of related seismicity
90. Site preparation
91. Site containment
Protection of astronomy activities
92. Radio astronomy
93. Optical astronomy
Chapter 8 : Well Design and Construction
94. Well risk identification and assessment
95. Well design
96. Well construction standards
97. Conductor casing
98. Surface casing
99. Intermediate casing
100. Production casing
101. Centralisers
102. Cement requirements and compressive tests
103. Casing string tests
104. Formation pressure integrity tests
105. Blowout prevention
106. Pressure testing of the blowout prevention equipment
107. Well examination
Chapter 9 : Operations and Management
108. Management of operations
109. Drilling fluids
Management of operations
110. General
111. Hydraulic fracturing equipment
112. Mechanical integrity tests and monitoring
113. Hydraulic fracturing fluid disclosure
114. Fracture and fracturing fluid containment
115. Fracturing fluids management
116. Management of flowback and produced fluids
117. Transportation of fluids
118. Fluids storage
119. Hydraulic fracturing operations
120. Post hydraulic fracturing report
Management of water
121. Water balance
122. Protection of water resources
123. Water use
Management of waste
124. General
125. Waste management
Management of pollution incidents
126. Management of spillage
Management of air quality
127. Fugitive emissions
128. Fugitive dust
129. Noise control
Chapter 10 : Well Suspension and Decommissioning
130. Well suspension
131. Suspended well integrity management
132. Well decommissioning or closure
133. Short title
Schedules
Schedule I : Hydraulic Fracturing Fluids
Notices
Housing and Living Conditions Standard for the Minerals Industry
[Repealed] Housing and Living Conditions Standard for the Minerals Industry 2009
Notice No. 445 of 2009
Vision
Purpose of the document
1. Introduction and scope
2. Principles for housing conditions
3. Principles for living conditions
4. Monitoring and evaluation measures
5. Implementation measures
6. Non Compliance
7. Amendments of the Housing and Living Conditions Standard for the South African Mining Industry
Housing and Living Conditions Standard for the Minerals Industry 2019
Notice No. R.1590 of 2019
Vision
Mission
Purpose of the document
Applicability of housing and living conditions standard
Definitions and Acronyms
1. Introduction
2. Mine Employees Housing Conditions Principles
3. Housing Options
4. Existing Mining Rights
5. New Mining Rights
6. Minimum basic services applicable to new and existing mining rights
7. Basic features of a single unit and family unit
8. Collaboration with government departments and/or entities of government
9. Principles for living conditions
10. Housing and living conditions plan
11. Contents of a housing and living conditions plan
12. Review of the housing and living conditions standard for the South African mining and minerals industry
Codes of Good Practice for the Minerals Industry
Notice No. 446 of 2009
Definitions
Vision
Purpose of the document
1. Introduction and Scope
2. Elements of the Code of Good Practice for the Minerals Industry
3. Application of the Code of Good Practice for Permits/Licences
4. Implementation Plan
5. Ethics of Conduct
6. Amendments
Artisanal and Small-Scale Mining Policy, 2022
Notice No. 1938 of 2022
Chapter l
1. Introduction
2. Objective of the ASM Policy
3. Definitions
4. Abbreviations
Chapter ll
5. Comparative Study Recommendations
Chapter lll
6. Differentiation of Concepts
Chapter IV
7. Licensing Regime and Administration
Chapter V
8. Institutional and Support Mechanisms
Chapter VI
9. Fiscal Regime
Chapter VII
10. Environmental Management, Health, Safety and Water Use Considerations
Chapter VIII
11. Governments Policy stance on Illegal Mining
Chapter IX
12. Reporting and Accountability
Chapter X
13. Policy Implementation, Enforcement, Monitoring and Evaluation
Chapter XI
14. Policy Review
Mine Community Resettlement Guidelines, 2022
Notice No. 1939 of 2022
1. Introduction
2. Acronyms and Definitions
3. Purpose of the Resettlement Guidelines
4. Policy and Legal Framework
5. Fundamental Principles for Resettlement
6. Scope and Applicability of the Guidelines
7. Meaningful Consultation
8. Obligations of an Applicant or a holder of a Prospecting Right, Mining Right or Mining Permit
9. Resettlement and Compensation
10. Mine Community Resettlement Plan
11. Resettlement Action Plan
12. Resettlement Agreement
13. Dispute Resolution Mechanism
14. Reporting, Monitoring and Evaluation
15. Resettlement Benefits and MPRDA Commitments
16. Review of the Resettlement Guidelines
[Repealed] Notice on the Implementation of the Regulation 2(1) of the Mineral and Petroleum Resources Development Regulations (MPRDA), 2004 for Implementation