NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NUMBER 954
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 MARCH 2011
(INTERNAL QUESTION PAPER NUMBER 8)
954. Mr M J Ellis (DA) to ask the Minister of Mineral Resources:
(1) With reference to the three exploration applications by a
certain company (name furnished) to Petroleum Agency SA, why was
the company allowed not to provide details of specific proposed
drilling sites in each of the Environmental Management Plans of
the three applications;
(2) whether Petroleum Agency SA consulted with the consultants of
the company to discuss whether specific drilling sites needed to
be included in the Environmental Management Plans; if so, what
are the relevant details; if not, (a) why not and (b) how will
Petroleum Agency SA apply itself to the potential impact of
drilling in the absence of details on specific drilling sites;
(3) whether any steps will be taken to rectify the situation; if
not, why not; if so, what steps;
(4) whether Petroleum Agency SA has agreed to relax any provisions
of the Mineral and Petroleum Resources Development Act, Act 28
of 2002, in respect of these applications; if not, what is the
position in this regard; if so, how can this be justified?
NW1072E
REPLY
(1) The Petroleum Agency SA (the Agency) has consistently
advised the applicants to submit environmental management
programme in terms of section 39 of the Mineral and Petroleum
Resources Development Act, 2002 (Act 28 of 2002; the âMPRDAâ)
within a period of 120 days from date of acceptance of the
application. Save for a checklist based on Section 39 of the
Act, no correspondence was issued to any company as a directive
not to provide details of their environmental assessment
pertaining to the area of their application.
(2) The Agency does as matter of course give guidance to applicants
and their consultants on ensuring compliance with section 39 of
the MPRDA, making it clear that such guidance is not reduction
of or deviation from the requirements of the MPRDA.
(3) The Agency does not have authority to grant any exemptions from
the requirements of the MPRDA and has not done so for any
applicant. While the Agency does not contemplate any need to
contact any of the current applicants for rectification of
Environmental Management Plans, it remains open to guide them on
aspects of the Act that may be unclear.
(4) Petroleum Agency SA is not able to grant any exemptions or
relax any provisions of the Mineral and Petroleum Resources
Development Act, Act 28 of 2002.