NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998: AMENDMENT TO THE TRANSITIONAL ARRANGEMENTS IN THE FINANCIAL PROVISIONING REGULATION, 2015
Notice Title: National Environmental Management Act 107 of 1998 (“NEMA”): Amendment to the transitional arrangements in the Financial Provisioning Regulation, 2015
Government Notice: GN 3841 in GG 49220 on 1 September 2023
Commencing date: 1 September 2023
The Minister of Forestry, Fisheries and the Environment (“the Minister”) extended, by 5 months, the date of compliance for holders of rights and permits obtained under the Mineral and Petroleum Resources Development Act, 28 of 2002 (“MPRDA”) regime through an amendment of the transitional arrangements contained in the Financial Provisioning Regulations, 2015, as amended, in terms of section 44(1)(aE), (aG), (aH) read with sections 24(5))b)(ix), 24(5)(d), 24N, 24P and 24R of the NEMA.
The amendment to Regulation 17B entails the following:
Unless regulation 17A applies, a holder, or holder of a right or permit who applied for such right or permit prior to 20 November 2015, regardless of when the right or permit was obtained –
- Must by no later than 19 February 2024 comply with these Regulations; and
- Shall, until 18 February 2024, be regarded as having complied with the provisions of these Regulations, if such holder has complied with the provisions and arrangements regarding financial provisioning, approved as part of the right or permit issued in terms of MPRDA.
For a copy of the Government Gazette Notice click here.
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