We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Delivered by the experts, designed to fit your study preferences and your budget. Icai the institute of chartered accountants of india set up by an act of parliament. Bundles the act test prep guide with act online prep. 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 introduced in south africa. The principal law that regulates the mining industry is the mprda. A legal analysis of the mineral and petroleum resources. Icai is established under the chartered accountants act, 1949 act no. Preliminary, draft comments by the centre for applied legal. Mining 2020 laws and regulations south africa iclg. The mineral and petroleum resources development amendment bill, the legislation that will give the state a right to a 20% free carried interest in all new exploration and production rights in the energy field, has been passed by parliament before it closed and sent to president zuma for assent.
National heritage resources act nhra, act 25 of 1999. Accordingly, the common law principles must be considered in interpreting the mprda where there. Contingency statements and cash risk must be considered for. Act conducts research and periodically updates tests to provide test content that reflects classroom instruction and continues to be a relevant predictor of college and. You can also do an act to sat score conversion if you want to take both and see which you do better on. Principles of administrative justice chapter 3 administration 7. In 2008 the act was amended to amongst others give effect to the one environmental management system. The mprda gave effect to the transformation principle embedded in the white paper. This test is a great way to gauge your act strengths and weaknesses. Mine health and safety act differences between ohs act mprda minerals, petroleum, resources development act. Aug 22, 2017 the centre recommended that the mprda bill be scrapped in its entirety and that the drafting process be started afresh to allow for the dmrs proposed amendments to be included. To download these files click on download link given below mpsc modern history study material pdf download mpsc modern history notes state service preliminary exam 2017 paper i state service preliminary exam 2017 paper ii. Preliminary study on artisanal and smallscale mining in.
The purpose of the mineral and petroleum resources development act, 2002, act no 28 of 2002 mprda is amongst others to transform the mining and production industries in south africa. Not for two months like the bar exam, but for a few weeks before the test. With acts you are guaranteed the latest and most up to date resource for your legislative needs. For copyingprinting these files, just click on the link or pdf wordppt image. The chairperson welcomed presenters and said that the mineral and petroleum resources development amendment mprda bill was a crucial piece of legislation that had to be finalised urgently. The law, which dates to the korean war of the 1950s, grants the president broad authority to expedite and expand the supply of resources from the us industrial base to support military, energy, space and homeland. Mprda heading for same legal wrangling as mining charter. The mineral resources sector is primarily regulated by statute and in terms of the mineral and petroleum resources development act, 28 of 2002 mprda. The study explored possible areas for applying the theory of constraints in the south african coal mining industry supply chain. In 2004 the mining industry, organised labour and government negotiated. 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.
Most participants in the study supported the derived hypotheses and proposals, and these were used to. Deemed to have come into operation on 30 april 2004. Section 102 amendment to the environmental management plan. 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. 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. Minerals and petroleum resources development act the permitting of the material sources required for the project will have to be undertaken in accordance with the minerals and petroleum resources development act mprda.
The mprda bill grants the minister broad discretionary powers to set the terms and conditions related to the benefi ciation of mineral resources. Minerals and energy laws amendment act 11 of 2005 gazette no. 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. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Development act 28 of 2002 the mprda is the primary regulatory framework legislation. Management act act 107 of 1998 for the new development, commissioned the author to undertake a phase i hia study for the proposed new residential development.
Mineral and petroleum resources development amendment act. Mineral and petroleum act extends state rights new mprda starts with 20% free carry, maybe more. Mineral and petroleum resources development act 28 of 2002 gazette no. Copyright 2011, australian centre for geomechanics acg. Magoosh offers a fulllength act practice test pdf, with answer explanations. It is therefore advisable to take cognisance of both these acts. Jun 27, 2018 development act, no 28 of 2002, as amended mprda. Mineral and petroleum resources development amendment bill. Free act practice test by magoosh so how do you get this free act practice test. The water management aspects of the tsf are regulated under the national water act, which was amended in 1999 by national water amendment act no. Gareth driver, director slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Slr consulting south africa pty ltd slr has been appointed as the independent environmental. Legal nature of prospecting right, mining right, exploration right or production right, and rights of holders thereof 6. It is hereby notified that the president has assented to the following act, which is hereby published for general information.
We also have a free sat practice test you can try as well. Mineral and petroleum resources development amendment act 49 of 2008 gazette no. Trump invoked the act last week but said he would hold off on using it until it was necessary, prompting criticism from democrats. Mineral and petroleum resources development act 28 of 2002 as. Onlangse regspraakrecent case law mogale alloys pty ltd v nuco chrome boputhatswana pty ltd 2011 6 sa 96 gsj alienation or disposal of a controlling interest in a prospecting company 1introduction section 111 of the minerals and petroleum resources development act 28 of 2002 hereafter mprda contains a restraint against the. Changing the states 10% participation to a lifetime free carry of 10%. Only material impact on financial statements consideration. Section 102 amendment to the environmental management.
Mineral and petroleum resources development amendment. The mprda specifically directs that where there is a conflict between the mprda and common law, the mprda will prevail. Debris or waste as a result of mining for minerals that is left in dumps or spread on the surface of the property being mined, in an area used as a tailings disposal site, commonly referred to as floors. The main question of this research paper is whether the mprda, in its current form, is a suitable mining legislative framework that can usher. Mpsc modern history study material pdf mpsc free study. In order to ensure effective transformation in this regard, the act requires the submission of the social and labour plan as a prerequisite for the granting. Type of training presentation and case study discussions, debates and practical problem solving discussions. The chamber of mines com on thursday said it generally welcomed and supported the approval of the mineral and petroleum resources development act mprda amendment bill by parliament on. In june 20, the mprda amendment act was finally brought into effect. To establish whether any of the types and ranges of heritage resources as. The mprda regulations have not been repealed and are not likely to be, as they deal with several issues beyond environmental regulation.
However, it was important to hear from all stakeholders so. Minerals and petroleum resources development act mprda, act 28 of 2002. The objective of the mprda is to facilitate meaningful participation of. Minerals act might fall outside the scope of the new mprda. The following activities will take place during the lifespan of the proposed project. Through the transitional provisions included in the mprda, mining companies can convert their existing old order rights to prospect andor mine previously granted under the now repealed minerals act to the new order rights introduced by the mprda. Mineral and petroleum resources development amendment mprda. Development amendment act, 2008 is in force, although the amendment act has never been brought into effect. In terms of the national water act, all water uses.
We give you a summary of the most pertinent information so you can pinpoint the areas where it would be most beneficial to focus your attention. Section 52 of the mineral and petroleum resources development act mprda, which states that the holder of a mining right is required to give notice to the mineral resources minister in the. Section 100 of the mprda empowered the minister to develop a mining charter, a policy instrument to effect transformation with specific targets. According to section 106 1 of the mprda, the south african national road agency soc.
Section 52 of mprda a ticking time bomb in terms of labour. The nonphysical types include procedures, morale, training and others. The matter comes before this court as an application for leave to appeal against an order issued by the supreme court of appeal. 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. Overview of the ohs act and regulations duties of suppliers of machinery, articles and substances appointments and responsibilities day 3. Although the mpre is not terribly challenging for most, it is still something you need to study for. Development act mprda now vests all mineral rights in the state. 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. 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.
Preliminary, draft comments by the centre for applied. Mineral and petroleum resources development act, 2002 act 28 of 2002 mprda, national environmental management act, 1998 no. A central object of the mineral and petroleum resources development act 28 of 2002 mprda the piece of legislation which stands to be amended by the bill is to transform the minerals sector, control and ownership of which has historically been concentrated in the hands of the white elite. In this alert, we highlight the amendments in the mineral and petroleum resources development bill mprda bill that have been approved. Continuation of ohs act and regulations mine health and safety act differences between ohs act mprda minerals, petroleum, resources development act. Page 1 of 104 7 june 20 to date this is the current version and applies as from 7 june 20, i. Custodianship of nations mineral and petroleum resources 4. Applying the theory of constraints in the south african. However, it was important to hear from all stakeholders so that the final product took all views into account. Mprda, nema, nersa mprda act of 2002 nema act of 1998 nersa role players. The aims with the phase i hia study were the following, namely. Com welcomes, supports passing of mprda amendment bill. Official test prep book from the makers of the act test.
The shortcomings identified were presented to the study participants as questions to obtain views that were used to define innovative ways of raising mining startup capital. The objective of the mprda is to facilitate meaningful participation of hdas in the mining and minerals industry. Icai the institute of chartered accountants of india. The blinkklip study group is interacting with the dme on these and other issues, and has also submitted its proposals for the amendment of the mprda to the government.
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. Member card trace a member list of firms as on 1st april 2018. However, the mprda does not nullify the common law. In mining alert 220 and 320 we discussed the cabinet approval of the mineral and petroleum resources development bill 2012, at the end of may 20, for tabling in parliament, and some of the more important proposed amendments. Pdf archaeological impact assessments within south african. Mineral and petroleum resources development amendment act 49. Mhsa mine health and safety act, 1996 act 29 of 1996 mprda mineral and petroleum resources development act, 2002 act 28 of 2002 mt magnetotelluric naaqs national ambient air quality standards nema national environmental management act, 1998 act 107 of 1998 nemwa national environmental management. The case study thus demonstrates that a very different conceptualization of property rights, one focused on protecting investments, predominates in international investment law, with material consequences for how the relationship between human rights and economic inequality in the mining context in south africa is understood.
Mineral and petroleum resources development act, act 28 of 2002 mprda, national environmental management act act no. Advocate geoff budlender, acting on behalf of the offshore petroleum association of south africa opasa, presented an opposing view, however. Moumrajoint declarations signed with foreign bodies. Free act practice test with answers and explanations pdf. Oct 19, 2012 title slide of section 11 of the mprda. The main theme of the briefings on the mineral and petroleum resources development amendment mprda bill dealt with the impact which mining activities had on communities living near mining areas, and the fact that these mining communities lacked support to engage and consult effectively with mining rights holders. Mineral and petroleum resources development amendment act, 2008. Minerals and petroleum resources development act 28 of 2002 4. The study material given below are not my own creation but collected from different websitesinternetfb. I am just trying to put together everything i could find on internet. The water management aspects of the tsf are regulated under the national water act, which was amended.
The nema amendment act came into effect in may 2009. Mprda would supersede the minerals act of 1991, although care should be taken since certain parts of the minerals act might fall outside the scope of the new mprda. Bigmine legislation hobbling minnows, study group finds. As noted above, the coming into effect of this amendment act follows a fiveyear struggle between the dea and the dmr to reach finality and agreement on the environmental regulation of mining activities.
1011 1267 1429 1056 89 562 594 1475 530 1427 233 1286 908 110 731 641 838 181 1314 872 135 1196 843 121 106 320 432 1240 871 546 354 898 270 1119 1400 1071 1381 1001 230