NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998: PROPOSED REGULATIONS PERTAINING TO FINANCIAL PROVISIONING FOR THE MITIGATION AND REHABILITATION OF ENVIRONMENTAL DAMAGE CAUSED BY RECONNAISSANCE, PROSPECTING, EXPLORATION, MINING OR PRODUCTION OPERATIONS

NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998: PROPOSED REGULATIONS PERTAINING TO FINANCIAL PROVISIONING FOR THE MITIGATION AND REHABILITATION OF ENVIRONMENTAL DAMAGE CAUSED BY RECONNAISSANCE, PROSPECTING, EXPLORATION, MINING OR PRODUCTION OPERATIONS

Notice Title: National Environmental Management Act, 107 of 1998 (“NEMA”): Proposed Regulations Pertaining to Financial Provisioning for the Mitigation and Rehabilitation of Environmental Damage Caused by Reconnaissance, Prospecting, Exploration, Mining or Production Operations

Government Notice: GN 2272 in GG 47112 on 11 July 2022

Commencing date: Comments to be submitted by 25 August 2022

The Minister of Forestry, Fisheries, and the Environment (“the Minister”) intends to repeal the Financial Provisioning Regulations, GNR 1147 of 20 November 2015 and to make Regulations pertaining to financial provisioning for the mitigation and rehabilitation of environmental damage caused by reconnaissance, prospecting, exploration, mining or production operations (“draft Regulations”) under sections 44(1)(aE), (aF), (aG), (aH) read with sections 24(5)(b)(ix), 24(5)(d), 24N, 24P and 24R of the NEMA.

The draft Regulations include the following Chapters:

  • Definitions, purpose and application
  • Environmental obligation of an applicant and holder
  • Financial provisioning
  • Transitioning arrangements
  • General matters.

Members of the public are invited to submit written comments and inputs on or before 25 August 2022. For a copy of the Government Notice click here.

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

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