In 2008 an agreement was concluded between the Minister of Environmental Affairs and Tourism and the Minister of Minerals and Energy (as they then were) regarding the transfer of the environmental authorisations (EIA) function in respect of mining activities from the Department of Mining under the Minerals and Petroleum Resource Development Act, 2002 (MPRDA) to the Department of
Jan 08, 2019· Section 41 of the MPRDA (which has subsequently been repealed) required the holder of a mining right (“the Holder”) to make financial provision through the mechanisms and by determining the quantum (amount) in accordance with MPRDA Regulations 53 and 54.
Dec 06, 2017· The aforementioned consultation has now culminated in the publication, on 10 November 2017, of the new “Proposed Regulations Pertaining to the Financial Provision for Prospecting, Exploration, Mining or Production Operations” GNR 1228 GG 41236 of 10 November 2017 (“Draft Regulations“),which seek to repeal the 2015 Regulations. Comments on the Draft Regulations must
Although the MPRDA does not grant ownership of the surface of the land to the holder of a mining or prospecting right, it does provide the holder with a statutory right to enter the land to which the right relates together with its employees, after written notice, and to bring onto the land any plant, machinery or equipment and build, construct or lay down any surface or underground infrastructure which may be
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 for remediation of
Jan 20, 2020· In terms of the extension notice, the applicable Mineral and Petroleum Resources Development Act (MPRDA) rights holders now have until 19 June 2021 to comply with the Financial Provisioning Regulations and shall, until this date, be regarded as having complied with the Financial Provisioning Regulations if compliant with the financial provisioning requirements applicable under the approved MPRDA right. READ MORE: Innovative financial provisioning
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and closure requirements of mining operations forms an integral part of the MPRDA, as was the case with the now repealed Minerals Act, 1991 (Act 50 of 1991).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
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
51. Optimal mining of mineral resources 52. Notice of profitability and curtailment of mining operations affecting employment 53. Use of land surface rights contrary to objects of Act 54. Compensation payable under certain circumstances 55. Minister’s power to expropriate property for purpose of prospecting or mining
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
It is possible to encumber a mining or prospecting right to raise finance; however, the MPRDA generally requires prior consent from the Minister in such instances, unless the lender is a “bank” as defined in terms of the Banks Act, 1990, or a financial institution approved for that purpose.
Oct 17, 2019· 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 planfinal rehabilitation, decommissioning and closure of the mining operations at the end of the life of operations, as reflected in the final rehabilitation
The financial provision for the environmental rehabilitation and closure of any mine and its associated mining operations forms an integral part of the MPRDA, and is addressed in Sections 41(1), 41(2), 41(3) and 45 of the Act. The calculation of closure costs is based on Figure 10.1, project description (Chapter
Section 5A of the MPRDA prohibits any person from prospecting or mining on any area without, inter alia, giving the landowner or lawful occupier of the land in question at least 21 days written
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
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
51. Optimal mining of mineral resources 52. Notice of profitability and curtailment of mining operations affecting employment 53. Use of land surface rights contrary to objects of Act 54. Compensation payable under certain circumstances 55. Minister’s power to expropriate property for purpose of prospecting or mining
Previous financial provision requirements under MPRDA Section 41 of the MPRDA, which has subsequently been repealed, required that an applicant for a prospecting right, mining right or mining permit make a prescribed financial provision for the rehabilitation or management of negative environmental impacts before the Minister would approve
• Each of the 11 companies studied reports provisions for the management, remediation and rehabilitation of environmental aspects arising from mining operations. • In most cases, the data is not sufficient to determine the financial provision at the level of each operation.
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
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)
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
Oct 10, 2019· Regulation 53 of the MPRD Regulations provides that financial provision required in terms of section 41 of the MPRDA to achieve the total quantum for
• The MPRDA prescribes circumstances whena mining company must apply for a closure certificate. Many Current situation MPRDA s.43(6) (retention of financial provision) Retention of financial provision (and why 20 years is inappropriate (s.43(6))