Report of the Select Committee on Economic and Foreign Affairs on the Minerals and Petroleum Resources Amendments Bill [B10D – 2007] (National Assembly - sec 75), dated 15 October 2008:

The Select Committee on Economic and Foreign Affairs, having considered the subject of the Minerals and Petroleum Resources Amendment Bill [B10D – 2007] ( National Assembly - sec 75) referred back to the Committee by the House (see Minutes of Proceedings of 25 September 2008, p 1779) reports the Bill with proposed amendments as follows:

CLAUSE 1

1. On page 3, from line 33, to omit the definition of “environmental authorisation” and to substitute:

“environmental authorisation” has the meaning assigned to it in section 1 of the National Environmental Management Act, 1998 (Act No. 107 of 1998);

CLAUSE 18

1. On page 10, from line 38, to omit “within 180 days from the date of the notice”.

2. On page 10, in line 40, after “1998” to insert “, within 180 days from the date of the notice”.

CLAUSE 23

1. On page 12, from line 26, to omit “within 60 days from the date of the notice” .

2. On page 12, in line 28, after “1998” to insert: “, within 60 days from the date of the notice”.

CLAUSE 32

1. On page 14, from line 13, to omit “and any of its related and specific environmental management legislation”.

CLAUSE 34

1. On page 15, line 43, to omit “[section 41]” and to substitute “section 41”.

CLAUSE 57

1. On page 21, in line 49, after “reports” to insert “required in terms of Chapter 5 of the National Environmental Management Act, 1998,”.

CLAUSE 61

1. On page 23, from line 18, after “reports” to insert “required in terms of Chapter 5 of the National Environmental Management Act, 1998,”.

CLAUSE 72

1. On page 25, in line 41, to omit “[, environmental management programme]” and to substitute “, environmental management programme”.

2. On page 25, in line 43, after “1998,” to insert “as the case may be,”.

CLAUSE 94

1. On page 30, after line 39, to insert the following subsections:

(2) Notwithstanding subsection 1, the following sections of the principal Act as amended by this Act come into operation on the date contemplated in section 14(2) of the National Environmental Management Amendment Act, 2008:

Sections 5A(a), 16(1), 16(4)(a), 16(4)(b), 17(1)(c), 18(2)(c), 18(3)9c), 19(2)(e), 22(1)(a), 22(4)(a), 22(4)(b), 22(5), 23(1)(d), 24(2)(b), 24(3)(c), 25(2)(e), 27(2), 27(5)(b), 27(6)(b), 32(3), 35(2)(a), 38A, 43(4), 43(6), 45(1), 47(1)(c), 74(4), 75(1)(c), 79(4), 81(2)(c), 81(3)(c), 83(4), 86(2)(d), 93(1)(b) and 106(1).

(3) Any provision of the principal Act as amended by this Act relating to prospecting, mining, exploration and production and related activities that is in conflict with any provision relating to prospecting, mining, exploration, production and related activities contemplated in section 14(2) of the National Environmental Management Amendment Act, 2008, on the date that it comes into operation in terms of that section, shall lapse with effect from that date.