Minister of Minerals is holding up transfer of mining authorisations to Environment Minister

It has been more than a year since the Mineral and Petroleum Resources Development Amendment Act (MPRDA) was passed by the National Assembly, and yet it still has not been commenced by the Minister of Mineral Resources. The effect of this is to delay the transfer of mining authorisations to the Minister of Water and Environmental Affairs.

The legislators deemed this transfer necessary when they approved this Act and the National Environmental Management Amendment Act (NEMA) in early 2009. While the Minister of Water and Environmental Affairs commenced the Act she is responsible for, the Minister of Mineral Resources appears to be undermining the wishes of Parliament by not commencing the MPRDA Amendment Act.

In a reply to a DA parliamentary question the Minister of Mineral Resources stated that the reason for her delay in commencing the Act is that concerns related to the implementation of the Act were raised by mining sector stakeholders and government departments.

It is not clear which part of the Act now appears to be contentious, but the fact that with regards to the provisions that ultimately transfer mining authorisations to the Minister of Water and Environmental Affairs a steering committee to oversee implementation has been set up by officials from the Department of Mineral Resources and the Department of Environmental Affairs, suggests that it is not these provisions that are in dispute. The Minister of Mineral Resources goes as far as to say that "a dynamic implementation plan is being developed".

The legislators' intention in amending the MPRDA and the NEMA in 2008 and early 2009 was to enable the following process. After both Acts had been commenced a timeline would be established that would result in the first instance after 18 months in the Minister of Mineral Resources using NEMA environmental impact assessment processes to approve mining operations. Thereafter a further 18 months down the line, all mining authorisations would be transferred to the Minister of Water and Environmental Affairs. The entire process was thus deemed to take three years which is sufficient and in fact, quite generous. But at best now the process will take four years as the process has already been delayed for a year. 

We do not know where the Minister of Mineral Resources stands on this matter, and indeed, whether she will ever commence the MPRDA Amendment Act as it stands or whether she will bring it back to Parliament for amendment. The DA will obtain further clarity on this matter through parliamentary questions.

There is nothing stopping the Minister of Mineral Resources from commencing the part of the MPRDA Amendment Act that deals with the transfer of functions, and consulting further on other provisions in the Act. The Minister must however make a public statement on the matter to assure legislators that their intentions are going to be respected.

The DA supports the Minister of Water and Environmental Affairs ultimately taking over the authorisations of mines. The recent record of the Department of Mineral Resources with regards to the authorisation of mines in sensitive areas is very poor.

Parts of Mpumalanga face significant damage to the environment and water resources from the proliferation of new order mining rights, while the decision to grant a mining right adjacent to Mapungubwe in the face of objections from the Department of Environmental Affairs is lamentable. Mining contributes significantly to our economy, but it must be done in a way that does not compromise human and environmental health. The Department of Mineral Resources must immediately begin the process of handing over mining authorisations to the Minister of Environmental Affairs.

PARLIAMENTARY REPLY:

NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NUMBER 590

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER:  05 March 2010

(INTERNAL QUESTION PAPER NUMBER 04)

590. Mr G R Morgan (DA) to ask the Minister of Mineral Resources:

(1) Whether she intends enacting the Mineral and Petroleum Resources Development (MPRDA) Amendment Act, Act 49 of 2008; if not, why not; if so, when;

* Several concerns were raised by Mining sector stakeholders and Government Departments which are related to the implementation of the MPRDA Amendment Act 49 of 2008. The DMR then deemed it prudent to first consult and further endeavor to address the concens raised by stakeholders before the Amendment Act take effect.

(2) whether, considering that the process resulting in the transfer of authorisations of mines to the Minister of Water and Environmental Affairs depends upon the MPRDA being enacted, she has discussed this matter with the Minister of Water and Environmental Affairs; if not, why not; if so, what are the relevant details?

* The execution of the agreement is effective only after 18 months of the implementation of the last Bill to be signed. Therefore, the status quo (regulation of the environmental issues for mining and related activities in terms of the MPRDA) prevails until such time both NEMA and MPRD Amendment Act have been implemented and the administrative gaps brought about by this have been addressed.

* In order to ensure smooth and effective implementation of agreement officials of the DMR and DWEA jointly formed a steering committee to drive and facilitate the execution of the implementation plan of the agreement. There have been several meetings to this effect, and a dynamic implementation plan is being developed.

Statement issued by Gareth Morgan, MP, Democratic Alliance shadow minister of water and environmental affairs, April 12 2010

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