DIRECTIONS ISSUED BY THE MINISTER OF MINERAL RESOURCES AND ENERGY

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DIRECTIONS ISSUED BY THE MINISTER OF MINERAL RESOURCES AND ENERGY

Notice Title: Directions issued in terms of regulation 10(8) of the Regulations issued in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002): Measures to address, prevent and combat the spread of COVID-19
Government Gazette Notice: GN R462 in GG 43227 of 11 April 2020
Commencing date: 11 April 2020

The Minister of Mineral Resources and Energy issued Directions to provide guidance on the implementation of the provisions for essential goods and services. The Directions are issued pursuant to regulation 10(8) of the Regulations issued in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002) to provide for measures necessary to manage COVID-19.

The purpose of the Directions is to ensure fair processes relating to licensing, consultation, appeals and compliance processes and reporting requirements during the COVID-19 lockdown period. The Directions were published on 11 April 2020 for implementation and is valid for the duration of the declared national state of disaster.

The Directions apply to:

  • All functionaries exercising powers or performing functions relating to the processes listed in paragraph 5 of the Government Notice;
  • All applicants, appellants, holders of rights in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”), companies and interested and affected parties involved in the processes listed in paragraph 5 of the Government Notice; and
  • Any other party involved in the processes listed in paragraph 5 of the Government Notice.

The processes listed in paragraph 5 of the Government Notice are provided below:

5.  Directions

5.1 Directions relating to permissions, rights and permits as contemplated in the MPRDA

(a) The following timeframes are hereby extended, or deemed to be extended, by the number of days of the duration of the lockdown period of the national state of disaster declared for the COVID -19 pandemic:

(i) Timeframes prescribed in terms of the MPRDA in relation to applications for and processing of permissions, rights, permits, which periods fall within the duration of the lockdown period of the national state of disaster;

(ii) Timeframes applicable to renewal of permissions, rights and permits which fall either within the duration of the lockdown period of the national state of disaster or within a period of 60 days from 27 March 2020; and

(iii) Timeframes relating to appeals prescribed under Regulation 74 of the Regulations promulgated under the MPRDA as amended.

(b) An extension of a time period granted by a functionary referred to in paragraph 4.1(a), the period of which falls between 27 March 2020 and the termination of the lockdown period of the national state of disaster is hereby extended, or deemed to be extended, by the number of days of the duration of the lockdown period of the national state of disaster declared for the COVID -19 pandemic.

5.2 Directions relating to directives, notices, orders and instructions

(a) Timeframes stipulated in directives, notices, orders or instructions issued in terms of the MPRDA and which period falls within the duration of the lockdown period of the national state of disaster, are hereby extended, or deemed to be extended, by the number of days of the duration of the lockdown period of the national state of disaster declared for the COVID-19 pandemic.

(b) Despite the provisions of sub -paragraph (a), directives, notices, orders and instructions issued as urgent measures to prevent imminent damage or harm to persons, animals, the environment or property, must be complied with within the timeframes stipulated therein.

5.3 Directions relating to submission of reports

(a) The date for submission of the first annual report on the Broad Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, is hereby extended from 31 March 2020 to 1 June 2020.

(b) Save for the report referred to in sub -paragraph (a), timeframes for submission of reports to be submitted in terms of the MPRDA and which period falls within the duration of the lockdown period of the national state of disaster, are hereby extended, or deemed to be extended, by the number of days of the duration of the lockdown period of the national state of disaster.

For more information or assistance please contact Minnette Le Roux at minnette@shangoni.co.za

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