The efficiency of Environmental Authorisation and Prospecting Right applications for Kimberlite prospecting in the North-West Province

Abstract

Prospecting for minerals requires an Environmental Authorisation (EA) and a Prospecting Right (PR) which are governed by the National Environmental Management Act (NEMA), No.107 of 1998 (as amended) and the Mineral and Petroleum Resources Development Act (MPRDA), No. 28 of 2002 (as amended) respectively. It therefore becomes imperative for the two authorisation processes to be aligned and implemented efficiently to optimise the successful implementation of the Prospecting Work Programme (PWP) in a socio-economical and environmentally acceptable manner. It is for this reason that this research aims to investigate the extent to which EA and PR applications are implemented efficiently using case studies (Cases) of Kimberlite prospecting applications in the North-West Province. There has been no empirical research that has been undertaken on the efficiency of authorisation processes for prospecting activities. A Mixed Research Approach was adopted in order to achieve the research aim and objectives. Two legislative frameworks were reviewed to address the first research question. The second and third research questions were addressed by document analysis and interviews respectively. Eight Cases were selected, and twenty key stakeholder personnel were interviewed. The findings of this research have concluded that the MPRDA and NEMA are aligned in principle but not in practice. The efficiency of the authorisation processes was measured by plotting the actual timeframes of selected Cases against the legislatively prescribed timeframe. The PR processes were found to be less efficient than the EA processes. The inefficiencies of the PR authorisation process are characterised by delays in the administrative action of accepting or rejecting PR applications and for granting the PR. The inefficiencies of the EA on the other hand comprise of the administrative action of issuing the EA and the appeal decision. This dissertation has determined that the authorisation processes are not implemented as efficiently as could be in the North-West Province. This however, is to the greatest extent so for the PR than the EA authorisation process. Recommendations to improve efficiency and for future studies are presented in this dissertation.