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[1] Mining and the extraction of mineral and other natural resources is an economic activity which self-evidently has extensive impact and effect upon the environment.[1] The right to an environment that is not harmful to health or welfare is guaranteed by section 24 of the Constitution of the Republic of South Africa, 1996 (“the Constitution”). The Mineral and Petroleum Resources Development Act, 2002 (28 of 2002) (“MPRDA”), is the primary legislative instrument by which effect is given to section 24 of the Constitution in relation to mining activities. Section 2(h) of the MPRDA states that its object is to ensure that the nation's mineral and petroleum resources are developed in an orderly and ecologically sustainable manner while promoting justifiable social and economic development.[2]
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