In December 2014 the "One Environmental System" for the management of environmental impacts associated with mining operations was implemented. The implications of this management system is that the mining industry is legislated under NEMA in relation to environmental matters and the Minister of Mineral Resources and Energy is responsible for implementation. In line with these arrangements, the regulations managing the financial provisioning for rehabilitation associated with final closure and post closure of mining operations which were originally prepared under the MRPDA, were revised and promulgated under NEMA in November 2015. The NEMA Financial Provisioning Regulations were immediately applicable to new permit or right applicants with existing terrestrial mining right holders being required to comply by June 2022 and February 2024 for right holders of offshore oil and gas operations. Soon after gazetting the 2015 Regulations for implementation, the mining and petroleum industry raised concern regarding a number of provisions and a protracted and complicated amendment process ensued.
Further proposed amendments have now been prepared for public comment. This presentation will identify the amendments made and will explain the rational for the amendments.