n Without Prejudice - Rocky road ahead for the mining sector : mining law




The Western Cape Provincial Department of Environmental Affairs and Development Planning has contended for a number of years that, where any mining and associated activities in the province triggers activities listed under the National Environmental Management Act (NEMA), NEMA authorisation is required before mining activities may commence. This view, supported by the National Department of Environmental Affairs in recent years, requires the completion of an environmental impact assessment and compliance with the more stringent environmental requirements of NEMA in addition to those under the Minerals Act and its successor, the Minerals and Petroleum Resources Development Act (MPRDA).


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