Special Investigating Units and Special Tribunals Act, 1996
R 385
Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)RegulationsAmendment Regulations to the Mineral and Petroleum Resources Development Regulations, 2020Chapter 11. Definitions |
In this Schedule any word or expression to which a meaning has been assigned in the Act shall have that meaning and, unless the context indicates otherwise—
"applicant"
withing the context of regulation 73B refers to any person who intends to use the surface of the land contrary to the objects of the Act as contemplated in section 52 of the Act;
[Definition inserted by Notice No. R. 420, G43172, dated 27 March 2020]
"closure certificate"
means a closure certificate issued in terms of section 43 of the Act;
"competent person"
means a person who –
| (i) | is qualified by virtue of his or her knowledge, expertise, qualifications, skills and experience; and |
| (ii) | is familiar with the provisions of the Act and other related legislation; and |
| (iii) | has been trained to recognise any potential or actual problem in the performance of the work; |
"environmental impact assessment"
[Definition deleted by Notice No. R. 420, G43172, dated 27 March 2020]
"form"
means a document or standard form attached to the regulations as Annexures I and II ;
"designated agency"
means the agency designated by the Minister in terms of section 70 of the Act;
"interested and affected person"
means a natural or juristic person or an association of persons with a direct interest in the proposed or existing prospecting or mining operation or who may be affected by the proposed or existing prospecting or mining operation. These include, but are not limited to:—
| (i) | Mine Communities as defined in these Regulations; |
| (ii) | Landowners Traditional Council as defined in section 1 of the Traditional Leadership and Governance Framework Act, 2003; |
| (iii) | Land Claimants who have lodged claims in terms of the Restitution of Land Rights Act, 1994 which have not been rejected or settled in terms thereof; |
| (iv) | Lawful land occupier; |
| (v) | Holders of informal rights to land as defined in section 1 of the Interim Protection of Informal Land Rights Act, 1996; |
| (vi) | The Department responsible for Agriculture, Land Reform and Rural Development; |
| (vii) | The Department responsible for Co-operative Governance and Traditional Affairs; |
| (viii) | The Department responsible for Human Settlements, Water and Sanitation; |
| (ix) | Any other person (including an adjacent and non-adjacent properties) whose socio-economic conditions may be directly affected by the proposed or existing prospecting or mining operation; |
| (x) | The Local Municipality; |
| (xi) | Civil society; and |
| (xii) | The relevant Government Departments, agencies and institutions responsible for the various aspects of the environment and for infrastructure which may be affected by the proposed project; |
[Definition substituted by Notice No. R. 420, G43172, dated 27 March 2020]
"labour sending area"
means a local municipality in the Republic of South Africa from which a majority of mineworkers are from time to time permanently resident;
[Definition inserted by Notice No. R. 420, G43172, dated 27 March 2020]
"latent environmental impact"
means any environmental impact that may result from natural events or disasters after a closure certificate has been issued;
"meaningful consultation"
means that the applicant has in good faith facilitated participation in such a manner that reasonable opportunity was given to provide comment by the landowner, lawful occupier or interested and affected party in respect of the land subject to the application about the impact the prospecting or mining activities would have to his or her right of use of the land by availing all relevant information pertaining to the proposed activities enabling these parties to make an informed decision regarding the impact of the proposed activities;
[Definition inserted by Notice No. R. 420, G43172, dated 27 March 2020]
"mine community"
refers to communities where mining takes place, major labour sending areas, adjacent communities within a local municipality, metropolitan municipality or district municipality;
[Definition inserted by Notice No. R. 420, G43172, dated 27 March 2020]
"produced water"
means water produced with petroleum from the sub-surface in the course of exploration or production operations, and separated from the petroleum with the intention of discharging it into the environment;
"Regional Office"
refers to the office in each region designated by the Minister in terms of section 7 of the Act and managed by Regional Managers designated by the Director General in terms of section 8.
[Definition inserted by Notice No. R. 420, G43172, dated 27 March 2020]
"residual environmental impact"
means the environmental impact remaining after a closure certificate has been issued;
"the Act"
means the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002).
