DMRE calls for public comment on MPRDA amendments, community resettlement guidelines

5th December 2019 By: Creamer Media Reporter

The public has been given until January 31, 2020, to submit comments on the draft amendments to the Mineral Petroleum Resources Development Act (MPRDA) and the draft Mine Community Resettlement Guidelines.

The Department of Mineral Resources and Energy (DMRE) on Thursday said the drafts had been gazetted for public comment.

The draft amendments to the MPRDA include amendments to the sections on social and labour plans; environmental regulations for mineral development, petroleum exploration and production; and pollution control and waste management regulations, besides others.

Trade union Solidarity commented in a statement that the proposed amendment to the MPRDA entered trade unions’ and mining companies’ territory "unnecessarily" regarding the prevention and handling of retrenchments.

"According to the proposed amendment, which was recently published by the DMRE, the employer must submit within seven days, after the retrenchment consultation process between trade unions and an employer, a detailed report up to the smallest detail to the department on the completed consultation process. The information is then referred to the Mining and Minerals Development Board for consideration and recommendations. Even if the process has been completed, the board must meet with the employer and submit recommendations to the Minister on possible further intervention in the process," the union pointed out.

It stated that this amendment did not make sense and should be scrapped.

Meanwhile, the resettlement guidelines are intended to outline the process and requirements to be complied with by an applicant or a holder of a prospecting right, mining right or mining permit when such application or right will result in the physical resettlement of landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities, from their land.

The guidelines extend to existing prospecting rights, mining rights or mining permits where incremental project expansion will have the effect of displacement or resettlement of landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities.