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Environmental Legislation Development - Mining Sector, Take Note

Environmental Legislation Development - Mining Sector, Take Note

Publication: Mining Review Africa
Author: Tania Oosthuizen
Date: June 2018

In order to keep up with the moving target of environmental legislation, the South African mining industry needs to keep its pencils sharp. Not only is environmental compliance a confusing business given the rapidly changing legislation imposed by different environmental authorities, but it is also becoming an ever more risky business with legislation becoming more stringent, more prescriptive and better enforced. In this article we discuss two recent, but very different, environmental-legal developments that the mining sector should take note of.

Financial provisioning is the first aspect. The requirement to undertake financial provision was moved away from the Mineral and Petroleum Resources Development Act (MPRDA) Regulations in 2015, to become the standalone “Financial Provisioning Regulations” in terms of the National Environmental Management Act (NEMA) and has subsequently been amended twice.


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