National Environmental Management Act, 1998 (Act No. 107 of 1998)

Regulations

Financial Provisioning Regulations, 2015

Chapter 2 : Financial Provision

14. Powers of Minister responsible for mineral resources
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(1)The Minister responsible for mineral resources may only grant environmental authorisation in terms of the Act after compliance by the applicant with regulation 10.

 

(2)If the Minister responsible for mineral resources is not satisfied with the determination of the financial provision contemplated in regulations 6, 9 or 10 or the review, assessment or adjustment contemplated in regulations 9, 11 or 16(5) the Minister responsible for mineral resources may─
(a)request the applicant or holder of a right or permit, at its own cost, to revise the determination or review and assessment and to adjust the financial provision to the satisfaction of the Minister responsible for mineral resources;
(b)request the applicant or holder of a right or permit, at its own cost, to have the determination or review and assessment of the financial provision reviewed externally by another specialist or specialists and to revise the determination or assessment and to adjust the financial provision to the satisfaction of the Minister responsible for mineral resources; or
(c)appoint an independent assessor at the cost of the applicant or holder of a right or permit, to confirm the determination or review and assessment of the financial provision or to revise the determination or review and assessment to the satisfaction of the Minister responsible for mineral resources, in consultation with the applicant or holder of a right or permit.

 

(3)The cost referred to in sub-regulation (2) is those of the applicant or holder of a right or permit and must be considered as a supplementary cost as this cost may not be reserved or allocated from funds in the financial provision.

 

(4)The Minister responsible for mineral resources may retain such portion of the financial provision as may be required and which is based on an environmental risk report for any latent, residual or any other environmental impact when a closure certificate is issued in terms of the Mineral and Petroleum Resources Development Act, 2002, and must return the remainder of the financial provision.

 

(5)If a holder of a right or permit fails to undertake rehabilitation and remediation of the adverse environmental impacts as contemplated in the Act and these Regulations, the Minister responsible for mineral resources may undertake such rehabilitation and remediation and for this purpose may use the financial provision or such portion of the financial provision for such rehabilitation and remediation or claim the cost from such holder of a right or permit and the Minister responsible for mineral resources must notify the holder of a right or permit 30 days prior to taking any such action.