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Financial provision for environmental rehabilitation and closure requirements of mining operations forms an integral part of the MPRDA, as was the case with the now repealed Minerals Act, 1991 (Act 50 of 1991). Section 41 of the MPRDA and regulations 53 and 54 promulgated in terms of the MPRDA deal with financial provision for

MPRDA •In 2008 agreement to align the environmental function of mining •Related to financial provision the agreement entailed Environmental function of mining to be regulated under NEMA –Changes were made to NEMA 24P – Financial provision .

the Regulations Pertaining to Financial Provision for Prospecting, Mining, Exploration and Production Operations (the Financial Provisioning Regulations, 2015) which came into effect on the date of publication in the Gazette. ... (MPRDA). Furthermore, such contribution to a trust fund must be

The retain ing of a portion of the financial provision •when a closure certificate is issued does not align with section 43(1) of the MPRD Act. The MPRDA never made provision for retaining financial provision .

isolated area and this portion of the right was acquired by Mining, as the farm is located directly adjacent to several of Mining''s prospecting rights. Mining will lodge an application in terms of section 102 of the MPRDA .

Dec 06, 2017· On 20 November 2015, the National Environmental Management Act No. 107 of 1998 ("NEMA") "Financial Provisioning Regulations, 2015″ GNR1147 GG 39425 ("2015 Regulations") were promulgated, resulting in a significant shift of thinking from the longstanding ''simple'' Regulation 53 and 54 process, contained in the Mineral and Petroleum Resources Development Act ("MPRDA ...

Jul 10, 2014· This is an important development as the definition of "financial provision" in the MPRDA, which only contained a general requirement for financial provision for holders of mining authorisations to undertake rehabilitation of the affected areas, has been deleted. The new provision .

Financial provision for environmental rehabilitation and closure requirements of mining operations forms an integral part of the MPRDA, as was the case with the now repealed Minerals Act, 1991 (Act 50 of 1991). Section 41 of the MPRDA and regulations 53 and 54 promulgated in terms of the MPRDA deal with financial provision .

The Centre for Environmental Rights'' (CER''s) latest Full Disclosure report analyses disclosures by eleven listed mining companies about their financial provision for environmental rehabilitation, the money that mining companies must set aside to rehabilitate the environmental damage they cause.. Most of the information about financial provision for environmental rehabilitation is ...

Feb 05, 2018· The publication of the Financial Provision Regulations for Prospecting, Exploration, Mining or Production Operations by the Minister of Environmental Affairs on 20 November 2015 (2015 Regulations) was met with significant resistance, with the Chamber of Mines noting that it would have a "crippling effect" on the mining sector.

41. Financial provision for remediation of environmental damage 42. Management of residue stockpiles and residue deposits 43. Closure certifi cate 44. Removal of buildings, structures and other objects 45. Minister''s power to recover costs in event of urgent remedial measures 46. Minister''s power to remedy environmental damage in certain ...

May 13, 2016· The new financial provision regulations, published on 20 November 2015 under the National Environmental Management Act 107 of 1998 (NEMA) for environmental rehabilitation and remediation, are not completely new but are more stringent, writes Stephan Herb, the MSA Group''s environmental project manager. Previous requirements for fi nancial provision .

Unlike the MPRDA and the MPRDA Regulations, the FP Regulations require that financial provision must be made for "annual rehabilitation, as reflected in the annual rehabilitation plan.final rehabilitation, decommissioning and closure of the.mining operations at the end of the life of operations, as reflected in the final rehabilitation ...

Mining companies in South Africa are required to make financial provision in terms of the Mineral and Petroleum Resources Development Act No. 28 of 2002 (the MPRDA), read with the National Environmental Management Act No. 107 of 1998 (NEMA), for the rehabilitation of the mining areas on which mining .

The retain ing of a portion of the financial provision •when a closure certificate is issued does not align with section 43(1) of the MPRD Act. The MPRDA never made provision for retaining financial provision post closure. Holders remained liable only until a closure certificate was issued by the Minister responsible for mineral resources.

The South African mining code (MPRDA) was constructed, amended, and will be further amended (if current proposals are adopted), with the object of increasing government control over, and increased economic returns from, the mining sector; the Section 11 "transfer of controlling interest" provisions ensure governmental control over the approval of new participants in the industry and infuses ...

The definition of an "applicant" was amended, and included a person who is required in terms of the MPRDA or NEMA to amend or replace the financial provision made in respect of any prospecting, exploration, mining .

Section 41 – since repealed – required the right holder to make financial provisions, in accordance with MPRDA Regulations 53 and 54, the former setting out the vehicles for provision and the ...

Financial Provision Provided by a Mine, January 2005. Table 3: Financial Provision Requirements Applicable legislation MPRDA MPRDR Directive Guideline Ensure that the quantum calculation distinguishes between those areas that can be rehabilitated concurrently and those that can only be rehabilitated upon closure. X

NEMA and the EIA regulations in preference to using MPRDA terms as the definition of "mining" in the MPRD amendment of 2012 referred to a mining area, ... "financial provision" means the insurance, financial guarantee, rehabilitation company or (parent company) ...

The existing transitional provisions do not cover all the scenarios that require transitional regulation. For example, there is some debate as to whether a pending application to amend a mining EMP in terms of section 102 of the MPRDA is a pending application for the purposes of the National Environmental Management Act 62 of 2008.

The MPRDA was amended by the Minerals and Petroleum Resources Development Amendment Act 49 of 2008, but be sure to read the two proclamations (Proclamation No. 14 of 2013 and Proclamation No. 17 of 2013) that brought the 2008 Amendment Act into effect, and suspended some of its, notwithstanding the coming into force of the 2008 Amendment Act, the .

Jan 20, 2020· The second draft of the ''Proposed Regulations Pertaining to the Financial Provision for the Rehabilitation and Remediation of Environmental Damage caused by Reconnaissance, Prospecting, Exploration, Mining or Production Operations'' was published for comment on 17 May 2019.

Jan 08, 2019· The definition of an "applicant" was amended, and included a person who is required in terms of the MPRDA or NEMA to amend or replace the financial provision made in respect of any prospecting, exploration, mining or production operations as a result of an application for consent to cede, transfer, assign, alienate or amend a right or ...
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