n South African Law Journal - The environmental management programme : legislative design, administrative practice and environmental activism

Volume 130, Issue 1
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



The submission and approval of an environmental management plan or programme ('EMP') under the Mineral and Petroleum Resources Development Act 28 of 2002 ('MPRDA') is both separate from and linked to the actual granting of a prospecting or mining right in the MPRDA legislative design and the Department of Mineral Resources' administrative practice. This leads to a number of uncertainties when the EMP and the granting of the right are challenged, as illustrated by the slightly differing approaches in the and cases. In an effort to alleviate this uncertainty, the article argues that the approval of the EMP can indeed be considered as an administrative decision (for purposes of appeal) or administrative action (for purposes of review) distinct from that of granting a prospecting or mining right.

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