NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 107 OF 1998: CONSULTATION ON THE INTENTION TO AMEND THE TRANSITIONAL ARRANGEMENTS IN THE FINANCIAL PROVISIONING REGULATIONS, 2015

NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 107 OF 1998: CONSULTATION ON THE INTENTION TO AMEND THE TRANSITIONAL ARRANGEMENTS IN THE FINANCIAL PROVISIONING REGULATIONS, 2015

Notice Title: National Environmental Management Act, 107 of 1998 (“NEMA”): Consultation on the intention to amend the Transitional Arrangements in the Financial Provisioning Regulations, 2015

Government Notice: GN 4122 in GG 49788 on 30 November 2023

Commencing date: Comments to be submitted on or before 9 January 2024

The Minister of Forestry, Fisheries and the Environment, intends to extend 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), (aF), (aG) and (aH), read with sections 24(5)(b)(ix), 24(5)(d), 24N, 24P, 24PA and 24R of the NEMA.

The extension is necessary as the proposed amendments to the Financial Provisioning Regulations, 2015 have not been finalised and until such time that the amendments are finalised the current requirements relating to financial provisioning will remain applicable.

The proposed amendments are as follow:

–     17A. Extension of transitional period for holders of offshore exploration and production rights

Notwithstanding the provisions of regulation 17, and the extension of the transitional period published in GNR 452 on 20 April 2018, a holder of an offshore exploration or production right, who applied for such right prior to 20 November 2015, regardless when the right was obtained—

(a)      must by no later than a date published in the Government Gazette comply with these Regulations; and

(b)      shall, until such date published in the Government Gazette contemplated in paragraph (a), 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 issued in terms of the MPRDA.

–     17B Extension of the transitional period

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 when the right or permit was obtained

(a)      must by no later than a date published in the Government Gazette comply with these Regulations; and

(b)      shall, until such date published in the Government Gazette contemplated in paragraph (a), 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 the MPRDA.

Members of the public are invited to submit written comments and inputs on or before 9 January 2024. For a copy of the Government Gazette Notice click here.

For more information or assistance please contact Jan Nel at jan@shangoni.co.za.

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