PROHIBITION OR RESTRICTION OF PROSPECTING OR MINING
Title: Mineral and Petroleum Resources Development Act (28/2002): Prohibition or Restriction of Prospecting or Mining in terms of section 49(1)
Government Gazette Notice: GN 1014 in GG 40277 of 15 September 2016
Commencing date: Not yet confirmed
In terms of section 49(1) of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) the Minister of Mineral Resources may, after inviting representations from relevant stakeholders, by notice in the Gazette, prohibit or restrict the granting of any prospecting of mining right (amongst others) in respect of land identified by the Minister of Mineral Resources for such period and on such terms and conditions as the Minister may determine, or restrict the granting of any prospecting of mining right (amongst others) in respect of a specific mineral for such period and on such terms and conditions as the Minister of Mineral Resources may determine.
The Minister of Mineral Resources now made his intention known as follow:
- Firstly, to declare an 18-month moratorium on the Transworld Energy and Mineral Resources SA (Pty) Ltd (TEM) application and the lodging of any further prospecting or mining applications in the area. The moratorium is relevant to the TEM application and the prohibition of any further lodging or processing of any mining or prospecting applications on the approved mine area for the next 18 months, or until the Minister is satisfied that the community conflict and unrest has been resolved and that the application can continue.
- Secondly, that no further applications for prospecting or mining authorizations will be accepted on the following mine area until such time as the Moratorium is lifted on an area of State land situated in the Xolobeni area, known as mining blocks Mpahlane, Mnyameni, Kwanyana, Sikombe and Mtentu, within the Magisterial District of Bizana in the Eastern Cape Province.
Relevant stakeholders are hereby invited to submit their presentations in writing, within 21 days from the date of publication of this Government Notice, to the addresses specified in the notice.