The mineral and petroleum resources development amendment bill had been rejected by the president due to procedural defects which had to do with the manner of public participation in the ncop, as well as two substantive sections that called into question the alignment of the bill with the constitution. The directorgeneral of the dmr is the authorised delegatee of the minister of mineral resources as described in the dmrs delegation of powers dated 12 may 2004 in terms of section 1031 and 2 of the mprda. Read this booklet carefully and take the practice tests well before test day. Mineral and petroleum resources development amendment act 49 of 2008 gazette no. Therefore, notwithstanding the coming into force of the 2008 amendment act, the commencement of certain provisions is suspended for 18 months by section 942 of that act, commencement of other provisions. Development act 28 of 2002 mprda, promulgated on 1 may 2004, has as a broad objective the rectification of previous inequalities and disadvantages in the mining sector2. Section 52 of the mprda and retrenchments share page a recent amendment to the mineral and petroleum resources development act, act 28 of 2002 the mprda is likely to significantly affect mining operations intending to undergo a large scale retrenchment exercise. Expropriation of unused old order rights by the mprda. It is important to note that there are many salutary aspects of the mprda amendment bill which are designed to cover drafting errors in the mprda and to amend certain practical issues that have arisen in the mining industry over the. South africas mining code and related legislation encourages the. Cliffe dekker hofmeyr section 52 of the mprda and retrenchments.
Codes of good practice for the south african minerals industry codes of good practice mandated by the. However, with the repeal of these transitional provisions as a result of the 2014 amendment act, the 18month transitional period and need for environmental authorisation after 7 december 2014, would fall away. There are downloadable pdf versions of full acts here. Mineral and petroleum resources development amendment bill. To ensure that no conflicting rights are granted, an application system akin to queuing is used. Act 28 of 2002 mprda the state be came the custodian of the mineral resources of south africa for the benefit of all south africans s 31, and the minister of mineral resources became. To amend the mineral and petroleum resources development act, 2002, so as to make the minister the responsible authority for implementing environmental matters in. Fulllength practice tests, including a writing test information about the optional writing test strategies to prepare for the tests what to expect on test day effective through the 20112012testing year. Therefore, notwithstanding the coming into force of the 2008 amendment act, the commencement of certain. Energy 1,614 view usgs mineral resources program nb ta kr5s14d4 1,802 view brooks range petroleum eni. The mprda bill grants the minister broad discretionary powers to set the terms and conditions related to the benefi ciation of mineral resources. Dec 04, 2019 currently, under the mprda regulations, any person who intends to appeal an administrative decision in terms of section 96 of the mprda must submit written notice of its intention to appeal to the directorgeneral or the minister as the case may be within 30 days of becoming aware of the administrative decision. Departmental police sub inspector exam syllabus sections with audio.
Although the bill is still in draft form, the department of mineral resources dmr has invited interested parties to make written submissions on the bill by 8 february 20. With regard to the designation of a mineral for benefi ciation and all other pervasive issues the minister must now be guided by the national development imperatives described in the amended act as. Legal nature of prospecting right, mining right, exploration right or production right, and rights of holders thereof 6. Links to free full length act practice tests pdf format. Notwithstanding tremendous progress to date on the reform of the mining industry through the mprda, the first decade since promulgation of the act has provided the benefit of jurisprudence on the basis of. Ndi provides practical assistance to civic and political leaders advancing democratic values, practices, and institutions. J petroleum resources development act 28 of 2002 mprda. Downloadable printable pdf practice tests worldwise tutoring. Following the commencement of certain of the provisions of the mineral and petroleum resources development amendment act 49 of 2008 the 2008 mprda amendment act, the cabinet approved the mprda bill at the end of may 20, for tabling in parliament. The most significant principle and object introduced by the mprda is custodianship, which means that mineral and petroleum resources belong to zthe nation and the role of the state is to act as a custodian, using its regulatory authority over licensing and.
Mining 2020 laws and regulations south africa iclg. In 2008 the act was amended to amongst others give effect to the one environmental management system. Minerals and energy laws amendment act 11 of 2005 gazette no. This target was due by 1 may 2009, and has therefore created many. Youll find pdf versions of fulllength act practice tests to print out and an online practice test here. Mineral and petroleum resources development amendment act. Transparency and accountability in africas extractive industries.
The minister had contended that, although there was deprivation of property because all mineral rights under the 1991 act were extinguished by the mprda, the mprda did not effect a general deprivation of existing mineral rights because the state did not acquire any rights in consequence of the mprda coming into operation. Also featured are a practice writing test, a sample answer document, answer keys, and selfscoring instructions. Test options the act no writing consists of four multiplechoice tests in english, mathematics, reading, and science. The 1955 african national congress anc freedom charter. In south africa, only one person can hold a valid prospecting or mining right for a particular mineral on land in terms of the governing mineral and petroleum resources development act, no 28 of 2002 mprda. Pdf expropriation of unused old order rights by the. Any mineral which occurs in mineralogical association with, and in the same core deposit. Principles of administrative justice chapter 3 administration 7. South africa minerals and petroleum resources development act. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Mineral and petroleum resources development act 28 of 2002. The act requires, among other issues, that the mining industry workforce includes 10 per cent women. Pdf expropriation of unused old order rights by the mprda. An effective mechanism allowing parties to intervene in prolonged strike action would certainly go a long way in aiding all stakeholders within the mining industry to promote and ultimately meet the objectives in the mprda in the interest of our country and all its people.
Local content south africa mining and petroleum ccsi. The mineral resources sector is primarily regulated by statute and in terms of the mineral and petroleum resources development act, 28 of 2002 mprda. Official act practice tests free online and pdf tests testive. Interdicting the respondents from giving effect to the notices of termination issued on 11 march 2015 which notices of termination take effect on 11 april 2015, until such time the respondents complied with a fair procedure and complied with the obligation set out under the mprda and particular the social of labour plan. Amendment act as set out in the mineral and petroleum resources development amendment bill, 20 the bill. Krause, centre for applied legal studies, university of. Mineral and petroleum resources development act no. The mprda was amended by the minerals and petroleum resources development amendment act 49 of 2008, but be sure to read the two proclamations proclamation no. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders.
What follows is a description of the events as they unfolded in chronological order. The mineral and petroleum resources development act of 2002. However, it was important to hear from all stakeholders so that the final product took all views into account. Mineral and petroleum resources development act 28 of 2002 as. Useful for departmental psi exam and also useful for competitive exam. Mineral and petroleum resources development amendment mprda. This information is to serve as a brief guide for taking the act. Mineral and petroleum resources development amendment act 49. Black economic empowerment bee in the mining industry is regulated under the broadbased socioeconomic empowerment charter for the mining and minerals industry, 2018 mining charter iii. Athaafrica ventures pty ltd aav is a private company registered in. Broadbased socioeconomic empowerment charter for the south african mining and minerals industry 2004 mining charter a requirement of the mprda it was amended in 2010. The minerals act, 50 of 1991 dealt with the situation adequately in terms of section 53 thereof, but there is no equivalent in the mprda. The objective of the mprda is to ensure the attainment of governments objectives of redressing historical, socioeconomic inequalities and ensuring broad based and meaningful participation of black persons in the.
Custodianship of nations mineral and petroleum resources 4. Congratulations on deciding to take the act test and participating in a talent search program. Deemed to have come into operation on 30 april 2004. Petroleum resources development act mprda7 and section 28 of the. Explore mpda act profile at times of india for photos, videos and latest news of mpda act. The older tests are reportedly less accurate, so use them mainly for practice and not to. Minister of minerals and energy centre for applied legal studies as amicus curiae 2011 3 all sa 296 gnp. Related with mineral and petroleum resources development act.
On 27 december 2012 the south african cabinet approved the draft mineral and petroleum resources development amendment mprda bill, 2012. The amendment bill now includes the definition of associated minerals reading as follows. Cliffe dekker hofmeyr minister publishes draft amendments. Development amendment act, 2008 is in force, although the amendment act has never been brought into effect. On enactment of the mineral and petroleum resources development act, 28 of 2002 mprda on 1 may 2004, a radical new mineral law regime was.