| (1) | Despite other legislation, no person may conduct commercial prospecting, mining, exploration, production or activities related to prospecting, mining, explortion or production— |
[Words preceding section 48(1)(a) substituted by section 40(a) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement, Proclamation 125 of 2023, GG48869, dated 30 June 2023]
[Section 48(1)(a) substituted by section 18(a) of Act No. 31 of 2004]
| (b) | in a protected environment without the written permission of the Minister; or |
[Section 48(1)(b) substituted by section 40(b) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement, Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (2) | The Minister, after consultation with the Cabinet member responsible for mineral resources, must review all mining activities which were lawfully conducted in areas indicated in subsection (1)(a) or (b) or (c) immediately before this section took effect. |
[Section 48(2) substituted by section 40(c) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement, Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (3) | The Minister, after consultation with the Cabinet member responsible for mineral resources, may, in relation to the activities contemplated in subsection (2), as well as in relation to mining activities conducted in areas contemplated in that subsection which were declared as such after the commencement of this section, prescribe conditions under which those activities may continue in order to reduce or eliminate the impact of those activities on the environment or for the environmental protection of the area concerned. |
[Section 48(3) substituted by section 40(c) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement, Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (4) | A person who wishes to apply for permission under subsection (1)(b) to conduct commercial prospecting, mining, exploration, produc-tion or activities related to prospecting, mining, exploration or production, must immediately on receipt of an environmental authorisation in terms of the National Environmental Management Act, submit his or her application in the prescribed manner to the Minister, together with— |
| (a) | any information, reports, studies conducted or consultation done for the environmental impact assessments process in respect of the activities under consideration in terms of Chapter 5 of the National Environmental Management Act; and |
| (b) | any appeal lodged in respect of the environmental authorisation. |
[Section 48(4) substituted by section 40(d) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement, Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (5) | The Minister, when exercising his or her power in terms of subsection (1)(b)— |
| (a) | must take into account— |
| (i) | the principles contained in section 2 of the National Environmental Management Act; |
| (ii) | any information, reports, studies conducted or consultation done for the environmental impact assessments process in respect of the activities under consideration in terms of chapter 5 of the National Environmental Management Act; |
| (iii) | any appeal contemplated in subsection (4)(b); |
| (iv) | the ecological integrity of the protected environment; |
| (b) | may, amongst others, take into account— |
| (i) | the potential impact on ecological functioning and ecosys-tem services provided by the protected environment to society; |
| (ii) | whether the protected environment is a biodiversity priority area for species; and |
| (iii) | whether the protected environment is a strategic water resource area; |
[Section 48(5) inserted by section 40(e) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement, Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (6) | Despite subsection (4), the Minister may require the person who applies for the permission under subsection (1)(b), to provide any further information as he or she may deem necessary before making a decision. |
[Section 48(6) inserted by section 40(e) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement, Proclamation 125 of 2023, GG48869, dated 30 June 2023]
