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Mineral and Petroleum Resources Development Act ("MPRDA") The MPRDA is the primary legislation governing mining rights in South Africa. It sets out the requirements and procedures for obtaining, maintaining, and transferring mining rights, as well as the environmental, social, and financial obligations of mining rights holders.
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The third and hopefully final warm-up match has started. The public has been called on to comment on DFFE's final suggested draft of the NEMA Financial Provisioning Regulations before they are Gazetted into law. The key proposed changes? The definition of "applicant" no longer includes MPRDA section 11 applicants, a welcomed relief for …
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However, in light of the environmental challenges linked to mine closure, changes were efected to both the National Environmental Management Act (NEMA) of 199817 and the …
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FINANCIAL PROVISION REGULATIONS. Title: Regulations Pertaining to the Financial Provision for Prospecting, Exploration, Mining or Production Operations Government Notice: GN R1147 in GG 39425 of 20 November 2015 ... upon the issuance of the Closure Certificate in terms of the MPRDA, such financial provision must be ceded …
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The financial provision for the environmental rehabilitation and closure requirements of mining operations forms an integral part of the new Act, as was the case with the old Act. Sections 41(1), 41(2), 41(3) and 45 of the MPRDA deal with the financial provision for mine rehabilitation and closure.
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Attachment. Size. a28-02ocr.pdf. 3.46 . 28 of 2002. The Mineral and Petroleum Resources Development Act 28 of 2002 intends: to make provision for equitable access to and sustainable development of the nation's mineral and petroleum resources; and. to provide for matters connected therewith.
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In terms of Section 24 of NEMA, the holder of a prospecting right, mining right or mining permit must provide acceptable financial provision for the rehabilitation, closure and ongoing post ...
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The NEMLA Bill proposes to insert specific provisions in respect of financial provision for mining in NEMA, which will need to align with the financial provision regulatory regime, …
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In terms of the MPRDA, BMM will be required to undertake a detailed closure and rehabilitation process at the end of the life of mine. The purpose of this Section is to …
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The aforementioned consultation has now culminated in the publication, on 10 November 2017, of the new "Proposed Regulations Pertaining to the Financial Provision for Prospecting, Exploration, Mining or Production Operations " GNR 1228 GG 41236 of 10 November 2017 (" Draft Regulations "),which seek to repeal the 2015 …
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rules and regulations under NEMA and the MPRDA pertaining to a mining rehabilitation company or trust . The MPRDA governs the acquisition, use and disposal of mineral rights. ... MPRDA, the Minister may retain any amount of financial provision in a mining rehabilitation company or trust for latent, health and any environmental impact which
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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.
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Section 41(2) of the MPRDA provides that, if the holder of a prospecting or mining right or mining permit fails to rehabilitate or manage, or is unable to undertake such rehabilitation or to ...
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The department of mineral resources & energy is accepting applications for financial provision from the Small-Scale Mining Fund until February 29 2024. All applicants for the Small-Scale Mining ...
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Environmental Management and Rehabilitation under the MPRDA. 189. mining-related activities.8 Made effective in May 2004, the MPRDA created an 'even grander and more elaborate new order'9 in mining law, reflecting ... while the MPRDA is a relatively new statute with some of its provisions not yet having been properly tested, applied or ...
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The Minister of Minerals and Energy has, under section 107 (1) of the Mineral and Petroleum and Resources Development Act, 2002 (Act 28 of 2002), read with the provisions of section 14 of the Interpretation Act, (Act 33 of 1957) made the regulations in the Schedule. SCHEDULEARRANGEMENT OF REGULATIONSCHAPTER 1. Short …
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While the MPRDA has a mechanism for accepting mining right applications, it has no specific provision for accepting section 102 applications. In practice, the Department of Mineral Resources and Energy always issues mining right application acceptance letters after a very long wait and rarely issues acceptance letters for a section 102 consent ...
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41. Financial provision for remediation of environmental damage 42. Management of residue stockpiles and residue deposits 43. Closure certificate 50 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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The requirement to set aside financial provision for environmental rehabilitation was initially governed by section 41 of the Mineral and Petroleum Resources Development Act 4 of 2002 (MPRDA) but is now regulated by section 24P of NEMA and the 2015 Financial Provisioning Regulations that were published under Government …
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The definition of "applicant" no longer includes MPRDA section 11 applicants, a welcomed relief for mining related M&A activity. The FP Regulations will continue to apply to all current holders of MPRDA rights and permits (subject to transitional arrangements) and new MPRDA applicants. ... Financial provision must here be …
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The requirement for financial provisioning in the MPRDA has been repealed and replaced by Section 24P of the NEMA, as amended, which provides that the holder of a mining …
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mining financial provision mprda. What you should know about proposed new rules for . 2022310 The requirement to set aside financial provision for environmental rehabilitation was initially governed by section 41 of the Mineral and Petroleum Resources Development Act 4 of 2002 (MPRDA) but is now regulated by section 24P of NEMA and ...
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South Africa, endowed with a wealth of mineral and petroleum resources, has long been reliant on its extractive industries for economic growth. The Mineral and Petroleum Resources Development Act, also known by its acronym " MPRDA", represents a radical shift in the regulatory landscape, redefining the country's approach to its …
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In terms of section 52(1) of the MPRDA, such notices must be sent by mining right holders where (a) prevailing economic conditions cause the profit-to-revenue ratio of a mine to be less than 6% on average for a continuous period of 12 months, or (b) if any mining operation is to be scaled down or to cease with the possible effect that 10% …
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On 17 January 2020, the long-awaited notice extending the transitional timeframe for compliance with the Financial Provisioning Regulations, 2015 was published by Minister of Forestry and Fisheries and Environmental Affairs Barbara Creecy. In terms of the extension notice, the applicable Mineral and Petroleum Resources Development Act …
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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.
DetailsMore specifically, Regulation 37(1) promulgated under the MPRDA requires that the quantum of the financial provision must be based on the requirements of the ... quantum of the financial provision for the entire mining area as shown in . Table 12.1 below. The detailed costing is included in Conceptual Closure Plan included in the EMPR (Annex D). E
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Unlike the previous regime under the MPRDA, where financial provision was required for mine closure and latent and residual environmental pollution, three distinct forms of financial provision are ...
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Resources Development Act ("MPRDA") Regulations, 2004. The 2015 Regulations were immediately applicable to applicants financial provision to be set aside – double …
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1 May 2024 marks the 20 th anniversary of the Mineral and Petroleum Resources Development Act, 2002 ("MPRDA"), coming into force. The MPRDA has been transformational in many aspects, most notably as it has abolished private ownership of minerals. It has further provided that 'mineral resources are the common heritage of all …
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The financial rehabilitation provision required in terms of section 41 of the Mineral and Petroleum Resources Development Act 3 can be provided in one of four methods: cash …
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Development Act (MPRDA) requires rights holders to set aside a financial guarantee for rehabilitation. All mining right holders are required to set aside this financial provision for the discharge of their rehabilitation obligations, …
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Legal responsibility (s.43(1)) remains with the Mining Company. We applaud this amendment. The "polluter pays" principle is grounded in section 24 of the Constitution. It is prescribed in section 28 of NEMA. Section 19 of the National Water Act, 1998 is aligned with the Constitution and NEMA. The amendment of section 43(1) aligns the MPRDA ...
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and 54 promulgated in terms of the MPRDA deal with financial provision for mine rehabilitation and closure. The holder of a right as described in the relevant sections of the MPRDA and its regulations must provide the Department of Minerals and Energy (DME) with sufficient financial provision. Officials in the DME Regional Offices are required
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The existing transitional provisions do not cover all the scenarios that require transitional regulation. For example, there is some debate as to whether a pending application to amend a mining EMP in terms of section 102 of the MPRDA is a pending application for the purposes of the National Environmental Management Act 62 of 2008.
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The Government Gazette is published on the Government Works' website.. Mineral and Petroleum Resources Development Act: Regulations
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1. The Purpose and Importance of Section 11. Section 11 of the MPRDA serves as a crucial component of South Africa's mining regulatory framework. It is specifically designed to ensure transparency, accountability and adherence to the law when transferring mining rights. This section is fundamental in maintaining a fair balance …
DetailsThe requirement for financial provisioning in the MPRDA has been repealed and replaced by Section 24P of the NEMA, as amended, which provides that the holder of a mining right or permit must make ...
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(6) When the Minister issues a certificate he or she must return such portion of the financial provision contemplated in section 41 of the National Environmental Management Act, 1998, as the Minister may deem appropriate, to the holder of the prospecting right, mining right, retention permit or mining permit, previous holder of an old order ...
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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 …
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