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 3436 in GG 48633 on 19 May 2023
Commencing date: Comments to be submitted by 19 June 2023
The Minister of Forestry, Fisheries and the Environment (“the Minister”) published for public comments her intention to extend, by 5 month, 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 proposed amendment to Regulation 17B will entail 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.
Members of the public are invited to submit written comments and inputs on or before 19 June 2023. For a copy of the Government Gazette Notice click here.
For more information or assistance please contact Jan Nel at jan@shangoni.co.za
