Mineral and Petroleum Resources Development Amendment Bill

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• Mineral and Petroleum Resources Development
  Amendment Bill
• Date 09/05/2007

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The Team

• Mr A Mngomezulu, DDG Mineral Policy and
  Promotion
• Ms M Ledingwane, CD Mineral Regulation
• Ms L Mekwe, D Mineral Policy Development
• Mrs E Swart, D Mine Environmental Policy
• Ms S Mudau, DD Environment
• Mr D Mailula, DD Mineral Policy Development

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Why the Amendment

• Technical errors
• Ambiguities in certain definitions
• Certain concepts not defined
• Separation of powers (Ministry of DME and the
  Finance Ministry)

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Why the Amendment (cont.)

• Alignment of the MPRDA with NEMA (National
  Environmental Management Act, 1998 (Act 107 of
  1998)
• Insertion of omissions on the existing old order
  rights
• Refining the appeal and review of administrative
  decisions

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Amendments effected

• Certain concepts not defined
• Beneficiation
• Council for Geoscience
• Environmental issues
• Separation of powers (Ministry of DME and the
  Finance Ministry)
• DME Minister no longer responsible for the
  determination of any fees e.g. Royalties

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Amendments effected

• Alignment of the MPRDA with NEMA (National
  Environmental Management Act, 1998 (Act 107 of
  1998)
• Alignment on EIA inclusive of definitions,
  procedures issuing of environmental
  authorizations
• (sections 5,17-19, 22-25, 27, 32, 35, 38-43,
  46-47, 71, 74, 79-81, 84, 86, 93, 102, and 106
  -107)

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Amendments Effected (cont.)

• Refining the appeal and review of administrative
  decisions
• Made provision for a period by which an appeal is
  lodged
• To rectify certain omissions of existing old
  order rights, such as mynpachten, old order
  mining rights, OP26 mining lease, OP26 sublease,
  OP26 right.

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• Amendments Effected

• Order of processing an application while there is
  an appeal pending in respect of the same mineral
  and land
• Sections 9
• Council for Geoscience empowered to be the
  custodian of prospecting information.
• Section 18,19,21,30 and 43

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Amendments Effected (cont.)

• To enable the Regional Mining Development and
  Environmental Committee to make recommendations
  to the Minister on environmental issues.
• Section 40

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Amendments Effected (cont.)

• Change in the composition and the name of the
  Mineral and Mining Development Board from the
  minimum of 14 members to the minimum of 17
  members and from the maximum of 18 to the maximum
  of 20 members.
• Section 59

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Consultations

• Government Departments
• DEAT,
• National Treasury,
• DWAF, and
• DLA
• Other institutions involved in the amendment
  process
• CGS and
• PASA

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Conclusion

• Technical improvement of the MPRDA
• Efficient and effective administration of the
  states mineral resource
• Enhancement of cooperative governance between
  organs of state

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Conclusion

• Harmonisation of the MPRDA with other legislation
• NEMA,
• Mining Titles Registration Act No16 of 1967 (as
  amended),
• Diamond Amendment Act No. 29 of 2005,
• Diamond Second Amendment Act. No 30 of 2005, and
• the Mine Health and Safety Act No. 29 of 1996
• No deviation from the main objects of the Act and
  the principles enshrined in the Mining Charter

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• Thank You