Mineral & Petroleum Resources Development Amendment Bill: Draft for Comment

Posted 20 May 2025 Written by Acts Online
Category Minerals & Energy

Brought to you by SA Legal Academy: The Department of Mineral Resources & Energy has invited public comment on the draft Mineral & Petroleum Resources Development Amendment Bill, with a submission deadline of 13 August 2025.

The proposed legislation seeks to amend the Mineral & Petroleum Resources Development Act, No. 28 of 2002. On 9 June 2025, the Department gazetted an erratum notice containing a schedule that corrects proposed amendments to sections 11 and 17 of the principal statute. These corrections refine the scope of the draft Bill following its initial approval by Cabinet.

Key Regulatory Adjustments

The 9 June 2025 erratum notice specifically modifies the following areas of the draft Bill:

  • Section 11 (Transferability and encumbrance): The schedule removes ‘small-scale ... or artisanal mining permit’ from the proposed amendments to sub-section 11(1), which governs the transfer and encumbrance of prospecting and mining rights.
  • Section 17 (Granting and duration of prospecting rights): The schedule removes the explicit reference to broad-based black economic empowerment (B-BBEE) from the proposed amendments to sub-section 17(1)(f).

These legislative changes are intended to align with the Critical Minerals and Metals Strategy South Africa 2025, which was published on 29 May 2025. The strategy focuses on facilitating domestic mineral development and ensuring beneficiation occurs close to the point of production through targeted regulatory interventions.

Click here to download the erratum notice and schedule.

Click here to download the Critical Minerals and Metals Strategy.

What this means for you, your business, or your clients

  • For yourself: Legal and compliance professionals must update their regulatory trackers to reflect the 13 August 2025 deadline for submissions on the draft Bill and the specific exclusions introduced by the June erratum.
  • For your business: Mining houses should evaluate how the removal of B-BBEE references in the proposed section 17(1)(f) alters the anticipated compliance burden for obtaining new prospecting rights.
  • For your clients: Artisanal and small-scale mining clients must be advised that they have been excluded from the proposed amendments to section 11(1), meaning their rights regarding the transferability and encumbrance of permits remain governed by the existing principal Act.

Originally published at https://legalacademy.co.za/news/read/mineral-petroleum-resources-draft-amendment-bill-out-for-commment

The views expressed herein are those of the author and do not necessarily reflect those of Acts Online. Acts Online accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.