I’ve been thinking about a recent change to the Environmental Impact Assessment Regs and wondering why there has not been much publicity around the fact that Minister @BarbaraCreecy_ of @environmentza has quietly given communities a #RightToSayNo to mining on their land.
Before the amendment, mining companies had only to *consult* landowners on environmental impacts of planned mining on their land (no *consent* was required). Here is what Reg 39 of the #EIA Regulations used to look like: 
Last month, changes were made to these Regs and the exception for prospecting, exploration & extraction was removed! That means landowners and people in control of land (like the #Xolobeni community) would now have to give consent for any applications for enviro authorisation!
This is a huge regime change! The difference between consultation and consent is massive! #RightToSayNo
This amendment is in line with the requirements of the Interim Protection of Informal Land Rights Act (IPILRA) and the High Court's #Baleni judgment from 2018. Consent is also a requirement under the living customary law of many communities in South Africa.
I've seen some comments saying #consent from landowners means the end of exploration in South Africa (because it doesn't make sense for a mining company to buy land before the presence of the resource has been established) ...
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