News Flash No. 24/2016
NATIONAL ENVIRONMENTAL MANAGEMENT ACT (107/1998): AMENDMENTS TO FINANCIAL PROVISIONING REGULATIONS, 2015
 

MacRobert wishes to draw your attention to the following important notice
published on 26 October 2016

 

Notice 1314
Gazette 40371
Date 26 October 2016

The Minister of Environmental Affairs has amended the Financial Provisioning Regulations, 2015 (“The Regulations”), in terms of section 44(aE), (aF), (aG), (aH) read with sections 24(5)(b)(ix), 24(5)(d), 24N, 24P and 24R of the NEMA. (The Regulations are limited to exploration, prospecting, mining and production operations)

The amendments delete Regulation 17(5) and replace same with alternative transitional arrangements which allow holders who had applied for rights or permits before the coming into effect of the Regulations, but which applications had been or will be approved after commencement of the Regulations, with 39 months from commencement of the Regulations to adjust their financial provision. This additional leeway is also afforded to existing holders through Regulation 17(4).

For any queries you are welcome to contact our environmental and mining law division:

Kenneth Cameron
(012) 425 3514
kcameron@macrobert.co.za

Caroline Pepermans
(012) 425 3522
cpepermans@macrobert.co.za

Jabulani Sithebe
(012) 425 3435
jsithebe@macrobert.co.za