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

Regulations

Financial Provisioning Regulations, 2015

Chapter 1 : Definitions and Purpose of the Regulations

1. Definitions
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In these Regulations, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned, unless the context otherwise indicates─

 

“annual rehabilitation plan”

means a plan contemplated in regulations 6(a) and 11(1)(a) of these Regulations;

 

“applicant”

means an applicant for a prospecting right, mining permit, mining right, exploration right or production right in terms of the Mineral and Petroleum Resources Development Act, 2002;

 

“auditor”

means a suitably qualified person with requisite experience to audit the adequacy of the financial provision, which person must be registered with the Independent Regulatory Board of Auditors;

 

“care and maintenance plan”

means a plan contemplated in regulation 16 of these Regulations;

 

“closure certificate”

means the certificate contemplated in section 43 of the Mineral and Petroleum Resources Development Act, 2002;

 

“environmental risk assessment report”

means an assessment and report contemplated in regulation 6(c) and 11(1)(c) of these Regulations;

 

“exploration operation”

has the meaning assigned to it in section 1 of the Mineral and Petroleum Resources Development Act, 2002;

 

“final rehabilitation, decommissioning and mine closure plan”

means a plan contemplated in regulation 6(b) and 11(1)(b) of these Regulations;

 

“holder”

has the meaning assigned to it in sections 41 and 89 of the Mineral and Petroleum Resources Development Act, 2002;

 

“holder of a right or permit”

means the holder of a prospecting right, mining permit, mining right, exploration right or production right in terms of the Mineral and Petroleum Resources Development Act, 2002, which right or permit is issued after the date of the coming into effect of these Regulations;

 

“independent”

in relation to a person or persons conducting the determination contemplated in regulations 4, 9 and 10 or the review and assessment contemplated in regulation 9 and 11 and an auditor, means that—

(a)such person or auditor has no business, financial, personal or other interest in the determination, review, assessment or audit in respect of which that person or auditor is appointed in terms of these Regulations; or
(b)there are no circumstances that may compromise the objectivity of that person or auditor in performing such work;

excluding normal and fair remuneration for work performed in connection with that determination, review, assessment or audit;

 

“Mineral and Petroleum Resources Development Act, 2002”

means the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);

 

“Mineral and Petroleum Resources Development Regulations, 2004”

means the Mineral and Petroleum Resources Development Regulations published in terms of section 107(1) of the Mineral and Petroleum Resources Development Act, 2002;

 

“mining operation”

has the meaning assigned to it in section 1 of the Mineral and Petroleum Resources Development Act, 2002;

 

“production operation”

has the meaning assigned to it in section 1 of the Mineral and Petroleum Resources Development Act, 2002;

 

“prospecting operation”

has the meaning assigned to it in section 1 of the Mineral and Petroleum Resources Development Act, 2002;

 

“specialist”

means an independent person or persons who is qualified by virtue of his or her demonstrable knowledge, qualifications, skills or expertise in the mining, environmental, resource economy and financial fields; and

 

“the Act”

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