The power to declare a prohibition or restriction on prospecting or mining to protect the environment: a critical assessment of section 49 of the Mineral and Petroleum Resources Development Act 28 of 2002 and section 24(2A) of the National Environmental Management Act 107 of 1998

Abstract

Section 24 of the Constitution of the Republic of South Africa provides that everyone has the right to have the environment protected for the benefit of present and future generations. To give effect to this right, the South African Parliament has promulgated section 49 of the Mineral and Petroleum Resources Development Act 28 of 2002 and section 24(2A) of the National Environmental Management Act 107 of 1998, which collectively bestow upon the Minister of Mineral Resources and the Minister of Environmental Affairs respectively, the powers to declare a prohibition or restriction on prospecting or mining rights. Consequently, this article assesses whether these two provisions comply with the constitutional mandate to protect the environment. In essence, this paper contends that these twin provisions countenance further destruction of the environment in contravention of the constitutional mandate to protect the
environment.

Citation

Clive Vinti (2018): The power to declare a prohibition or restriction on prospecting or mining to protect the environment: a critical assessment of section 49 of the Mineral and Petroleum Resources Development Act 28 of 2002 and section 24(2A) of the National Environmental Management Act 107 of 1998, Journal of Energy & Natural Resources Law, DOI: 10.1080/02646811.2018.1437242

Author(s)

Clive Vinti

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