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Environmental and Mining / Legal Updates

NATIONAL ENVIRONMENTAL MANAGEMENT ACT (107/1998): REGULATIONS FINANCIAL PROVISION FOR PROSPECTING, EXPLORATION, MINING OR PRODUCTION OPERATIONS

Posted 15 December 2015

The Minister of Environmental Affairs has published regulations for financial provision in respect of prospecting, exploration, mining and production operations in terms of sections 44(aE),(aF),(aG), (aH) read with sections 24(5)(b)(ix), 24(5)(d), 24N, 24P and 24R of the NEMA.

The purpose of these regulations is to regulate the determination and making of financial provision as contemplated in the NEMA for the costs associated with the undertaking of management, rehabilitation and remediation of environmental impacts from prospecting, exploration, mining or production operations through the lifespan of such operations and latent or residual environmental impacts that may become known in the future.

These regulations provide for, inter alia, -

  • The method for determining financial provision;
  • The financial vehicle for financial provision;
  • Regulations pertaining to placing a site under care and maintenance; and
  • Transitional arrangements associated with financial provision provided for in terms of the MPRDA and its associated regulations.