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Amendments

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									Department of Minerals and
          Energy
    Briefing to NCOP :
         Finance

     07 August 2008

 Minerals and Petroleum
Resources Amendment Bill
     [ B10D-2007].
             Team
1. Ms N Zikalala: Deputy Director-
   General: Mineral Policy and
   Promotion
2. Ms L Mekwe: Chief Director:
   Mineral and Mining Policy
3. Ms Ntombi Mnyikiso: State Law
   Advisor
           Status of the Bill
•   PPC on Minerals and Energy adopted the Bill [
    B10B-2007] on the 20th June 2007

•   On the 22nd July 2007 the Bill was presented to the
    NCOP

•   NCOP referred the Bill back to the PPC to allow
    DEAT & LRC to make their submission

•   MPRDA has been amended to reflect the agreement
        entered and concluded by both Ministers

•   The Bill [B10D-2007] has been further adopted by
    the PPC on 24 June 2008

•   The National Assembly adopted the said Bill on the
    26 June 2008
 Rationale for the Amendment

•Technical errors in the MPRDA
•Ambiguities in certain definitions
and the need to define certain
concepts
•Separation of powers (Ministry of
DME and the Finance Ministry)
 Rationale for the Amendment
•The need to align the MPRDA with
environmental principles in terms of NEMA
(National Environmental Management Act,
1998 (Act 107 of 1998)

•The need to rectify certain omissions of the
existing old order rights

•Problems with appeal and review of
administrative decisions taken in terms of the
MPRDA
    Amendment of section 1

• Introduced the definition of
Beneficiation, Council for
Geoscience, environmental
authorisation, effective date

•Substituted the definition of
community, Mining Titles Office
    Amendment of Sections 16,
     22, 27, 74, 76,79 and 83

the order of processing an application for
a prospecting right, mining right, mining
permit, reconnaissance permit,
exploration right, production right or
technical co-operation permit while there
is an appeal pending in respect of the
same mineral and land
    Amendment of Sections 17
           and 23

If the application relates to land occupied
by a community, the Minister may impose
such conditions as are necessary to
promote the rights and interests of the
community, including conditions requiring
the participation of the community
     Amendment of section
      18,19,21,30 and 43


Empowered Council for Geoscience to
be the custodian of all progress reports
and data of prospecting operations
gathered by the holder of a prospecting
right.
    Amendment of sections
  16,18,19, 22, 23, 24, 25, 32,
  35, 38, 39, 40, 41, 42, 43, 46,
 47, 71, 74, 79, 80, 84, 93, 102,
             and 106

• to align the MPRDA with
  environmental principles in terms of
  the NEMA
   Amendment of section
          40
• to enable the Regional Mining
Development and Environmental
Committee to make recommendations to
the Minister on environmental issues.
    Amendment of sections
   5,11,17,19,23,25,35,78,80,
         82, 84,and 86


•harmonises the MPRDA with the
Mining Titles Registration Act,
1967(Act 16 of 1967) as amended and
compels holders of rights granted in
terms of the MPRDA to register their
rights (section 5).
     Amendment to Section
          59(20)(i)


•Provision for the representation of
  designated agency in the Board
      Amendments (cont.)


•Change in the composition of the
Mineral and Petroleum 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.
      Schedule II of the Transitional
      Chapter in the Act is amended

•   •to rectify certain omissions of
    existing old order rights, such as
    mynpachten, tributing agreements,
    old order mining rights, OP26 mining
    lease, OP26 sublease, OP26 right; and
    to rectify certain technical errors in
    the MPRDA.
       Amendment of Item 7
        Insertion of 3A-3B
3A. If the applicant does not comply with the
    requirements of the sub-item (2) and (3),
    the Regional Manager must in writing
    request the applicant to comply within
    60 days of such request.

3B. If the applicant does not comply with
    subitem 3A, the Minister must refuse to
    convert the right and must notify the
    applicant in writing of the decision
    within 30 days with reasons.
     Amendment of Item 7
       Insertion of 3C

3C. If the application relates to land
    occupied by the community, the
    Minister may impose such
    conditions as are necessary to
    promote the rights and interests of
    the community, including
    conditions requiring the
    participation of the community.
        Amendment of Item 9

2. The holder, user or acquirer of any reservation,
     permission or right to use the surface of land
     contemplated in subitem (1) must register such
     reservation, permission or right in the [Mining
     Titles Office] Mineral and Petroleum Titles
     Registration Office within [one] six years from
     the date on which this Act took effect and if
     such holder, user or occupier fails to register
     such reservation, permission or right, the
     reservation, permission or right shall cease to
     exist.".
       Amendment of Item 12
           addition 5
5. Despite the provisions of the Prescription Act,
     1969 (Act No. 68 of 1969), prescription in
     respect of a claim for compensation shall
     only commence to run—
(a) when the claimant has been informed in
     writing by the Director -General that he or
     she has denied the validity of the claim and
     the claimant has not appealed against such
     denial in terms of section 96; or
(b) where a claimant decides to appeal the
     denial of the Director- General in terms of
     section 96, when the claimant has been
     informed in writing by the Minister of the
     confirmation of the said denial; or
      Amendment of Item 12
          addition 5
5. Despite the provisions of the
    Prescription Act, 1969 (Act No. 68 of
    1969), prescription in respect of a
    claim for compensation shall only
    commence to run—

(c) 180 days after the claimant has been
    informed in writing that the Director-
    General has refused a determination and
    payment of compensation”.
Chairperson’s Amendment at the
      National Assembly
Sec 107: The principal Act as amended by this Act is
     amended with effect from a date 18 months after
     the date on which the provisions relating to
     prospecting mining exploration and production
     and related activities come into operation in terms
     of section 14(2) of the National Environmental
     Management Amendment Act, 2007, in order to
     revert the powers of the Minister, insofar as the
     issuing of environmental authorisations, the
     submissions of application for such authorisation
     and the submission of environmental reports are
     concerned to the Minister of Environmental Affairs
     and Tourism.”
  Propose Amendments
    to B10D Bill 2007



Refer to word document.
                    Conclusion
                 Amendment will bring about

•   technical improvement to the MPRDA

•   Efficient and effective administration of the state’s mineral
    resources

•   Enhancement of cooperative governance between organs
    of state ( Minister of DME and the Regional Mining
    Development and Environmental Committee)

•   Confirmation of one environmental system

•   Harmonisation of the MPRDA with other legislation (
    NEMA, Mining Titles Registration Act No16 of 1967 (as
    amended), Diamond Amendment Act No. 30 of 2005, and
    the Mine Health and Safety Act No. 29 of 1996)
Thank You

								
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