The Mercury

Richards Bay leaders and residents back ‘beneficiat­ion’ bill

- Marie Strachan

RICHARDS Bay residents and business leaders seem to have largely supported the proposed Mineral and Petroleum Resources Developmen­t Amendment Bill that aims to ensure that more of the country’s resources are locally beneficiat­ed, and that companies’ BEE components are protected.

The overarchin­g aim of the bill is to find a balance between addressing business needs while implementi­ng economic transforma­tion.

Around 30 residents and a few business leaders attended the public hearing where members of the KZN Legislatur­e’s portfolio committee on economic developmen­t and tourism unpacked the bill for public comment in the city yesterday.

Senior legal adviser to the KZN legislatur­e, Sthembiso Nsele, said the bill had been promulgate­d in 2002 to create an enabling environmen­t for growth in the sector.

“In 2008 the bill was amended with the main changes dealing with environmen­tal issues, including environmen­tal management, but there are inherent weaknesses that are being addressed,” he said.

Section 11, which deals with change of ownership, requires that notice of partitioni­ng and/or disposing of rights by listed and non-listed companies must be submitted to the minister.

“This is to discourage the dissolutio­n of BEE components of a company, and reaffirms the rights and interests of that company,” Nsele said.

Section 9 allows a dual applicatio­n system whereby the minister invites applicatio­ns for prospectin­g and mining rights via notice in the Government Gazette.

This is in respect of land on which mining/prospectin­g rights have lapsed or been cancelled and requests submitted to the minister by people who have identified land that has mineral deposits/products or forms of petroleum.

Nsele said the minister would then deal with responses to invitation­s on a “first-come-first-served” basis.

Sections 10 and 16 deal with the consultati­on process with interested and affected parties.

Nsele said that at the Mtubatuba presentati­on there had been a misconcept­ion that “stakeholde­rs” were only people in authority.

“This is not so, as all people living within an area of mining operations may be affected and therefore individual­s must be part of the consultati­on process,” Nsele said.

Section 23 deals with a mining company’s social labour plan which must be renewed every five years. Beneficiat­ion of mined resources is dealt with in Section 26 of the act, which in support of the National Developmen­t Plan, requires that these resources are used to the optimal benefit of the country while ensuring the transforma­tion of the mining sector.

“Operators would be required to set aside a certain percentage of their mined resources for local beneficiat­ion at mine gate prices.

“This is aimed at limiting the export of raw materials by non-producers,” Nsele said.

Amendments to sections 1, 17 and 28 deal further with transforma­tion in terms of broad-based black economic empowermen­t and contributi­ng to social developmen­t, not only in their areas of operation but including labour-sending areas.

A new section 42A has been inserted to deal with historic residue stockpiles and residue deposits, giving owners two years from promulgati­on of the bill to apply for mining rights or mining permits for a period not exceeding 30 years.

 ??  ?? STHEMBISO NSELE
STHEMBISO NSELE

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