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Minister Nomvula Mokonyane publishes amendments to ...

May 21, 2019· These purpose of these Regulations are to make financial provision for costs associated with the remediation and rehabilitation of environmental impacts associated with mining activities. As a result of continued discussion with stakeholders, the Minister published proposed amendments to the Regulations on 10 November 2017, for public comment.

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MPRDA regulations widen the obligation to consult

We note, however, that the Financial Provision Regulations, 2015 have been specifically amended to say that any right or permit holder (if applied for prior to 20 November 2015), must continue to calculate financial provisioning under the MPRDA regime until 19 June 2021.

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mining financial provision mprda

mining financial provision mprda. Financial Provision Regulations & NEMLA Bill. NEMA and the EIA regulations in preference to using MPRDA terms as the definition of "mining" in the MPRD amendment of 2012 referred to a mining area, which includes "any non adjacent surface of land if it is connected to such area by means of any installed infrastructure" this could mean that if DMR was the CA for ...

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Concerns remain around 'much improved' 2019 Financial ...

Section 41 – since repealed – required the right holder to make financial provisions, in accordance with MPRDA Regulations 53 and 54, the former setting out the vehicles for provision and the ...

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South Africa Mining & Environmental Law & Regulations ...

The regulations require that all Rights Holders under the MPRDA make financial provision for the management, rehabilitation and remediation of the environmental impacts of Mineral Activities. Amounts must be calculated and determined by a specialist in line with the provisions of the regulations.

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Concerns remain around 'much improved' 2019 Financial ...

Section 41 – since repealed – required the right holder to make financial provisions, in accordance with MPRDA Regulations 53 and 54, the former setting out the vehicles for provision and the latter describing the methodology for determining the quantum.

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Financial Provisioning Regulations compliance timeframe ...

Jan 20, 2020· In terms of the extension notice, the applicable Mineral and Petroleum Resources Development Act (MPRDA) rights holders now have until 19 June 2021 to comply with the Financial Provisioning Regulations and shall, until this date, be regarded as having complied with the Financial Provisioning Regulations if compliant with the financial ...

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GUIDELINE FOR THE SUBMISSION OF A SOCIAL AND LABOUR …

FINANCIAL PROVISION ... The purpose of the Mineral and Petroleum Resources Development Act, 2002, (Act No 28 of 2002) (MPRDA) is amongst others to transform the mining and production ... preparing the prescribed Social and Labour Plans specified in Part II of the Regulations of the (MPRDA).

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Publication of amendments to the MPRDA regulations for ...

The Amended Regulations amend regulation 42 of the MPRDA Regulations pertaining to the submission of a social and labour plan ("SLP"), to make provision for the Regional Manager to refer an SLP back to the applicant with proposals within 60 days of receipt of the SLP. This also requires that the revised SLP must be re-lodged within a period ...

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Cliffe Dekker Hofmeyr - Overhaul of financial provision ...

The publication of the Financial Provision Regulations for Prospecting, Exploration, Mining or Production Operations by the Minister of Environmental Affairs on 20 November 2015 (2015 Regulations) was met with significant resistance, with the Chamber of Mines noting that it would have a "crippling effect" on the mining sector.

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MINERALAND PETROLEUM RESOURCES DEVELOPMENT ACT

41. Financial provision for remediation of environmental damage 42. Management of residue stockpiles and residue deposits 43. Closure certifi cate 44. Removal of buildings, structures and other objects 45. Minister's power to recover costs in event of urgent remedial measures 46. Minister's power to remedy environmental damage in certain ...

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Financial Provisioning Regulations, 2017 - Werksmans

Dec 06, 2017· On 20 November 2015, the National Environmental Management Act No. 107 of 1998 ("NEMA") "Financial Provisioning Regulations, 2015″ GNR1147 GG 39425 ("2015 Regulations") were promulgated, resulting in a significant shift of thinking from the longstanding 'simple' Regulation 53 and 54 process, contained in the Mineral and Petroleum Resources Development Act ("MPRDA ...

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Transition from MPRDA 2002 to NEMA Continues | Mining Law ...

The transition from the Mineral and Petroleum Resources Development Act 2002 (MPRDA) to the National Environmental Management Act, 1998 (NEMA) continues. ... Those regulations primarily catered for new residue stockpiles and deposits, and those created in terms of a mining right. ... The portion of financial provision which may be required to ...

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overnment aette Staatskoerant

3. Application of Regulations CHAPTER 2 FINANCIAL PROVISION 4. Determination of financial provision 5. Scope of financial provision 6. Method for determining financial provision 7. Availability of financial provision 8. Financial vehicles used for financial provision 9. General requirements for financial provision 10.

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MPRDA regulations widen the obligation to consult

New amendments to regulations to the Mineral and Petroleum Resources Development Act (MPRDA) take the requirement for mines to consult on their environmental impacts and Social and Labour Plans one step further, to "meaningful" consultation. The amendments also introduce the long-awaited alignment with the One Environmental System and new details on the appeals process.

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NEMA GNR 1147 Financial Provisions Comparison against …

• Regulations 53 and 54 regulated the making of financial provisioning and the prescribed payment method. • These have now been superseded by GNR 1147 • This presentation will give an overview on the main differences from a financial point of view between MPRDA S41 financial provisioning and GNR 1147 • Points to be discussed include:

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The National Environmental Management Act 107 of 1998 ...

Dec 10, 2015· • Financial provisions calculated and implemented under Regulation 53 and 54 of the MPRDA Regulations are regarded as having been undertaken in terms of the provisions of these Regulations only if the actions can continue to be undertaken in terms of the provision of these new Regulations.

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Financial Provision Regulations 2019 - Environment - South ...

Prior to the publication of the Financial Provision Regulations 2015, holders of mining rights were required to comply with Section 41 of the Mineral and Petroleum Resources Development Act, No. 28 of 2002 ("MPRDA") read with MPRDA Regulation 53 and 54.

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Mining 2020 | Laws and Regulations | South Africa | ICLG

Prior to 2 September 2014, financial provisioning was regulated by section 41 of the MPRDA read with regulations 53 and 54 of the MPRDA Regulations. These sections and regulations required that a mining right applicant make financial provision for rehabilitation of negative environmental impacts arising from their mining activities.

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PROGRESS IN THE TRANSITION OF THE REGULATION OF …

Feb 04, 2015· MPRDA. Draft Financial Provision and Closure Regulations were published for public comment in October 2014. These are more detailed and onerous than the current regulations are. Failure to comply with these Regulations would result in a fi ne of R10 million under NEMA. Despite their title, the Draft Financial Provision and Closure Regulations ...

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FINANCIAL PROVISION REGULATIONS - Shangoni

Any financial provision submitted in terms of regulations 53 and 54 of the MPRDA Regulations for which approval is pending or under review when these regulations came into effect, must be dispensed with in terms of regulations 53 and 54, as if those regulations were not repealed.

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Compliance with Financial Provisioning Regulations for ...

Regulation 53 of the MPRD Regulations provides that financial provision required in terms of section 41 of the MPRDA to achieve the total quantum for the rehabilitation, management and remediation ...

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Financial Provision Regulations 2019- Publications ...

Jan 08, 2019· Prior to the publication of the Financial Provision Regulations 2015, holders of mining rights were required to comply with Section 41 of the Mineral and Petroleum Resources Development Act, No. 28 of 2002 ("MPRDA") read with MPRDA Regulation 53 and 54.

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Regulations Pertaining to the Financial Provision for ...

MPRDA •In 2008 - agreement to align the environmental ... Regulations –The financial statement must include contingent liabilities and restricted cash associated with the financial ... •Financial provision must be maintained, reviewed, assessed, adjusted and audited

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10 FINANCIAL PROVISION - ERM

The financial provision for the environmental rehabilitation and closure of any mine and its associated mining operations forms an integral part of the MPRDA, and is addressed in Sections 41(1), 41(2), 41(3) and 45 of the Act. The calculation of closure costs is based on Figure 10.1, project description (Chapter

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Financial Provision Regulations & NEMLA Bill

Financial Provision Regulations & NEMLA Bill Proposed amendments as a result of the public comment period 24 May 2018 . ... NEMA and the EIA regulations in preference to using MPRDA terms as the definition of "mining" in the MPRD amendment of 2012 referred to a mining area,

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GUIDELINE DOCUMENT FOR THE EVALUATION OF THE …

The Mineral and Petroleum Resources Development Act (MPRDA), (Act No. 28 of 2002) and its Regulations was promulgated on 1 May 2004. Financial provision for environmental rehabilitation and closure requirements of mining operations forms an integral part of the MPRDA, as was the case with the now repealed Minerals Act, 1991 (Act 50 of 1991).

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Financial Provision Regulations 20Nov2015

• Financial provision that was approved in terms of the MPRDA Regulations must be regarded as approved in terms of these regulations and the holder must review and align such financial provision with the provisions of these regulations CHAPTER 5 – GENERAL MATTERS • Certain offences are identified in regulation 18.

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Explanatory note i.t.o. the Regulations Pertaining to the ...

including financial provision for such, as well as an environmental risk report, including financial provision for latent or residual environmental impacts in place before submitting an application for a closure certificate in terms of Section 43 of the MPRDA. No provision …

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FINANCIAL PROVISION - SAHRIS

1.2. MPRDA – Financial Provision Legislation According to Section 41(3) of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) the Department of Minerals Resources (DMR), as well as Regulations 53 and 54 promulgated in terms of the MPRDA…

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Assuring your compliance to the new mine closure ...

the MPRDA Regulations of 2004, Regulations 53 and 54, regulated the making of financial provisions and prescribed a payment method. These have now been superseded by GNR 1147. Financial Provisioning Regulation, 2015 (GNR 1147) NEMA requires the following: "Section 24P – Financial provision for remediation of environmental damage