National Environmental Management Act, 1998 (Act No. 107 of 1998)RegulationsFinancial Provisioning Regulations, 2015Chapter 2 : Financial Provision13. Responsibility of holder of a right or permit |
| (1) | The holder of a right or permit must make an environmental management programme submitted in terms of section 24N of the Act and any approved amendment thereof required in terms of the Environmental Impact Assessment Regulations, 2014 ─ |
| (a) | available on a publically accessible website of the holder of a right or permit, if such holder of a right or permit has such a website; |
| (b) | available at the site office of the prospecting, exploration, mining or production operation; and |
| (c) | accessible to the public on request. |
| (2) | A holder of a right or permit, through its Chief Executive Officer or person appointed in a similar position, — |
| (a) | is responsible for implementing the approved plans contemplated in regulation 11; and |
| (b) | must ensure that a final rehabilitation, decommissioning and mine closure plan, including financial provision for final rehabilitation, decommissioning and closure as well as an environmental risk report, including financial provision for latent or residual environmental impacts which may become known in the future, including the pumping and treatment of polluted or extraneous water, as approved by the Minister responsible for mineral resources, is in place before submitting an application for a closure certificate in terms of Section 43 of the Mineral and Petroleum Resources Development Act, 2002. |
| (3) | All documentation submitted to the Minister responsible for mineral resources by a holder of a right or permit must be signed off by the Chief Executive Officer or person appointed in a similar position as well as an independent auditor. |