Mineral and Petroleum Resources Development Act 28 of 2002

The Mineral and Petroleum Resources Development Act (MPRDA) provides for the management of South Africa’s mineral and petroleum resources. Enacted in 2002, it vested the custodianship of all mineral rights in the state and established the framework for the granting, transfer, and renewal of mining rights and petroleum exploration and production rights.

Legal area: Law relating to the production, transportation, and regulation of energy resources including mining and petroleum.

Year enacted: 2002

Full text: https://www.gov.za/documents/south-africa-mineral-and-petroleum-resources-development-act-28-of-2002

Key Provisions

  • Chapter 2: Custodianship of mineral rights by the state
  • Chapter 3: Application for and granting of mining rights
  • Chapter 4: Rights to prospect and explore for minerals
  • Chapter 5: Mineral and petroleum resources development levy
  • Section 22: Transformation charter requirements for mining companies
  • Section 100: Environmental management and mine closure

Significance

The MPRDA fundamentally transformed South Africa’s mining sector by vesting all mineral rights in the state. It replaced the private mineral rights system and introduced transformation requirements. The Act is central to mining regulation and has been the subject of significant litigation regarding mining rights and environmental protection.