In this deed, the following expressions have the meaning respectively set opposite them unless it appears otherwise from the context:
| 1.1 | “the Acts and Regulations” means all the relevant laws of the Republic of South Africa and the regulations thereunder, being inter alia: |
| 1.1.1 | National Environmental Management Act No. 107 of 1998; |
| 1.1.2 | Environmental Impact Assessment Regulations, 2014; |
| 1.1.3 | Financial Provisioning Regulations, 2015; |
| 1.1.4 | Mineral and Petroleum Resources Development Act No. 28 of 2002; |
| 1.1.5 | National Environmental Management: Air Quality Act No. 39 of 2004; |
| 1.1.6 | National Environmental Management: Biodiversity Act No. 10 of 2004; |
| 1.1.7 | National Environmental Management: Waste Act No. 59 of 2008; |
| 1.1.8 | National Environmental Management: Protected Areas Act No. 57 of 2003; |
| 1.1.9 | any applicable Land Use Planning Ordinance or similar instrument; |
| 1.1.10 | Companies Act No. 71 of 2008; and |
| 1.1.11 | Income Tax Act No. 58 of 1962, |
including all amendments and/or replacements of any such legislation or subordinate legislation, and any other legislation and/or regulations which may be imposed from time to time to control the management of any or all the impacts of mining activities;
| 1.2 | “the beneficiary” means __________________________or any other such person as may be agreed to by the beneficiary and the Trustees with the prior written approval of the Minister responsible for mineral resources or, should any person which is a beneficiary (i) commit an act which is or would, if such person were a natural person, be an act of insolvency (as defined in the Insolvency Act 1936), or (ii) be or become financially distressed (as defined in the Companies Act 71 of 2008) or (iii) be declared by a competent court to be insolvent (whether provisionally or finally), then with effect from the date of such event, the Department; |
| 1.3 | “the Commissioner” means the Commissioner for the South African Revenue Service as referred to in the Income Tax Act No 58 of 1962 as amended (“the IT Act”); |
| 1.4 | “the Department” means the Department responsible for mineral resources or its successor from time to time; |
| 1.5 | ”the Founder” means _____________________; |
| 1.6 | “the Minister” means the Minister of Mineral Resources or any person to whom the responsibility has been delegated or assigned pursuant to any law for ensuring that, within the Province(s) concerned, adequate financial provision is made for the fulfilment of the Statutory Obligations; |
| 1.7 | “the Trust” means the __________________ Rehabilitation Trust, a Trust created in terms of the Provisions of clause 3 hereof; |
| 1.8 | “exploration operation” has the meaning assigned to it in section 1 of the Mineral and Petroleum Resources Development Act, 2002; |
| 1.9 | “mining operation” has the meaning assigned to it in section 1 of the Mineral and Petroleum Resources Development Act No. 28 of 2002; |
| 1.10 | “production operation” has the meaning assigned to it in section 1 of the Mineral and Petroleum Resources Development Act, 2002; |
| 1.11 | “prospecting operation” has the meaning assigned to it in section 1 of the Mineral and Petroleum Resources Development Act, 2002; |
| 1.12 | “Statutory Obligations” mean the obligations described in the “Financial Provisioning Regulations, 2015” promulgated in terms of the National Environmental Management Act No. 107 of 1998 and as amended from time to time or any legislation or subordinate legislation which supplements, amends and/or replaces such regulations or deals with similar or related matters; and |
| 1.13 | “the Trustees” means ___________________, _____________________, ____________________________ and ________________________, who have agreed to be the first trustees of the ________________ REHABILITATION TRUST. |
