NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NUMBER 2127
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6 NOVEMBER 2009
(INTERNAL QUESTION PAPER NUMBER 27)
Mr E J Marais (DA) to ask the Minister of Mineral Resources:
(1) Whether mining licences are approved before inputs from other spheres
of government have been received; if not, what is the position in this
regard; if so, what are the relevant details;
(2) whether any mining licences have been issued before zoning and
environmental impact assessments (EIA) have been completed; if so, (a)
how many licences, (b) in how many cases did the applicants withdraw
the zoning and the EIA applications after the licences were issued and
(c) what steps is her department taking to ensure that zoning and EIA
are done?
REPLY
1) There is no provision in the Mineral and Petroleum Resources
Development Act, 2002 (Act 28 of 2002) provides for the issuing of
mining licenses. However, sections 17, 23 and 27 of the MPRDA empower
the Minister to grant prospecting rights, mining rights and mining
permits. Section 40(1) of the Act states that âWhen considering an
environmental management plan or environmental management programme
in terms of section 39, the Minister must consult with any State
department which administers any law relating to matters affecting the
environment.â
2) There is no provision in the MPRDA that calls upon the Minister to
grant prospecting or mining rights subject to zoning requirements of a
local government. As far as EIAs are concerned they are conducted
during the EMP process. [pic]