It is reported that the Department of Minerals and Energy ("the DME") instructed a mining operation in terms of Section 53 A(1)(b) of the Minerals Act 50 of 1991 to suspend all prospecting activities . This follows an inspection by the DME, which found that there was a serious lack of management with regards to general environmental management and rehabilitation. The DME further observed that the prospecting activities were in contravention of the approved Environmental Management Programme ("EMP"). The mining corporation has been ordered to submit an updated EMP and a surveyed plan indicating the positions of all processing plants, workshops, washing bays, diesel and oil storage facilities. According to the DME, the closure is part of a new push by the DME to minimise the destructive effects of mining on the environment and to serve as a warning to other mining firms that environmental offences will not be tolerated.

Mineral Petroleum Resources Benificiation Bill

Phumzile Mlambo-Ngcuka, the Minister of Minerals and Energy announced that publishing of the Mineral and Petroleum Resources Beneficiation Bill ("Beneficiation Bill") will be delayed until after next year's general elections. The Beneficiation Bill will, together with the Mineral and Petroleum Resources Development Act and the Mineral Resources and Petroleum Royalty Bill, form part of South Africa's new Mineral and Petroleum Resources dispensation. South African mining companies will therefore have to wait until next year for complete clarity on the Mineral and Petroleum Resources dispensation.

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The Environment, Mining, Energy and Natural Resources practice area at Bowman Gilfillan.

Bowman Gilfillan provides the Newsflash service to assist our clients to keep up to date and informed of changes to policy and the law in the environmental and mining fields.

This Newsflash is not intended to supplement or amend your environmental legal register. We have presented information regarding changes to policy and the law which may be of interest to you.

Contact Claire Tucker, head of the practice area for more information.

Tel: + 27 (11) 669-9402
Fax: + 27 (11) 669-9001
e-mail: c.tucker@bowman.co.za
or visit www.bowman.co.za