National Environmental Management Act, 1998 (Act No. 107 of 1998)RegulationsFinancial Provisioning Regulations, 2015Chapter 3 : Care And Maintenance16. Care and Maintenance |
| (1) | A holder of a right or permit may apply at any time to the Minister responsible for mineral resources, on an application form provided by the Minister responsible for mineral resources, to be placed under care and maintenance. |
| (2) | An application contemplated in sub-regulation (1) must include─ |
| (a) | a detailed explanation by the holder of a right or permit of the merits to be placed under care and maintenance; and |
| (b) | a care and maintenance plan. |
| (3) | The care and maintenance plan contemplated in subregulation (2)(b) must contain all information set out in Appendix 6 to these Regulations. |
| (4) | The Minister must consider applications contemplated in subregulation (1) and may— |
| (a) | approve such application and place a holder of a right or permit under care and maintenance for a period not exceeding 5 years, after which the approval must be reviewed; or |
| (b) | direct a holder of a right or permit in writing to take such measures subject to such terms and conditions as the Minister responsible for mineral resources may determine. |
| (5) | During the period that a holder of a right or permit is placed under approved care and maintenance, the— |
| (a) | care and maintenance plan must be audited and updated annually, in relation to the audit findings; |
| (b) | the audited and updated care and maintenance plan must be submitted, together with an update on the merits to remain placed under care and maintenance and a forecast of when care and maintenance may no longer be required, for approval to the Minister responsible for mineral resources; and |
| (c) | financial provision must be maintained and reviewed, assessed and adjusted in accordance with regulation 11 of these Regulations. |
| (6) | No holder of a right or permit may operate under care and maintenance without an approval from the Minister responsible for mineral resources in terms of these Regulations. |