Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)

Notices

Mine Community Resettlement Guidelines, 2022

2. Acronyms and Definitions

Purchase

"Consultation Guideline"

refers to the Guideline for consultation with communities and interested and affected parties developed in terms of sections 10(1)(b),16(4)(b), 22(4)(b), 27(5)(b) of the Mineral and Petroleum Resources Development Act (Act 28 of 2002).

"Community"

refers to community as defined in the MPRDA.

"Compensation"

means cash payments or in-kind contributions for assets acquired or affected by a resettlement project.

"Interested and affected parties"

means any person, group of persons, or organization interested in or affected by a resettlement activity and any organ of state that may have jurisdiction over any aspect of the resettlement activity.

"Meaningful consultation"

for the purposes of these Guidelines means consultation with landowners, lawful occupiers, interested and affected parties, holders of informal and communal land rights, mine communities and host communities by an applicant or a holder of a mining right, prospecting right or mining permit with a view to:

Provide for the opportunity for landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities to comment, be heard and obtain clear, accurate and understandable information about all the impacts of the proposed mining activity or implications of a decision on resettlement.

2.	Determine whether some accommodation is possible between the applicant for a prospecting right and the landowner insofar as the interference with the landowner's rights to use the property is concerned.

3.	Provide opportunities for clearing up misunderstandings about technical issues, resolving disputes and reconciling conflicting interests.

4.	Encourage transparency and accountability in decision-making; and

5.	Give effect to the requirement for procedural fairness of administrative action as contained in the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000).

"Mine community"

refers to a community where mining takes place and adjacent communities within a local, district or metropolitan municipality.

"Host community"

For the purposes of these Guidelines, refers to a community within alocal or metropolitan municipality adjacent to the mining area, as defined in the MPRDA.

"Resettlement"

means the displacement and relocation of landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities as a result of planned or operational mining activities.

"Stakeholders"

refers to those individuals, groups, organisations, and institutions who are interested in, and potentially affected by a project, or have the ability to influence a project.

MPRDA: Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002).

IPILRA: Interim Protection of Informal Land Rights Act, 1998.

SLP: Social and Labour Plan.

NGO: Non-Governmental Organisation.

CBO: Community Based Organisation.

RMEC: Resettlement Monitoring and Evaluation Committee.