Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)Chapter 4 : Mineral and Environmental Regulation38B. Approved environmental management programmes and environmental management plans |
| (1) | An environmental management plan or environmental management programme approved in terms of this Act before and at the time of the coming into effect of the National Environmental Management Act, 1998, shall be deemed to have been approved and an environmental authorization been issued in terms of the National Environmental Management Act, 1998. |
| (2) | Notwithstanding subsection (1), the Minister may direct the holder of a right, permit or any old order right, if he or she is of the opinion that the prospecting, mining, exploration and production operations is likely to result in unacceptable pollution, ecological degradation or damage to the environment, to take any action to upgrade the environmental management plan or environmental management programme to address the deficiencies in the plan or programme. |
| (3) | The Minister must issue an environmental authorisation if he or she is satisfied that the deficiencies in the environmental management plan or environmental management programme in subsection (2) have been addressed and that the requirements in Chapter 5 of the National Environmental Management Act, 1998, have been met. |
[Section 38B inserted by section 32 of the Mineral and Petroleum Resources Development Amendment Act, 2008]