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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Chapter 5 : Integrated Environmental Management

24R. Mine closure on environmental authorisation

 

(1) Every holder, holder of an old order right and owner of works remain responsible for any environmental liability, pollution or ecological degradation, the pumping and treatment of polluted or extraneous water, the management and sustainable closure thereof notwithstanding the issuing of a closure certificate by the Minister responsible for mineral resources in terms of the Mineral and Petroleum Resources Development Act, 2002, to the holder or owner concerned.

[Section 24R(1) amended by section 8(a) of Act No. 25 of 2014]

 

(2) When the Minister responsible for mineral resources issues a closure certificate, he or she must return such portion of the financial provision contemplated in section 24P as the Minister may deem appropriate to the holder concerned, but may retain a portion of such financial provision referred to in subsection (1) for any latent, residual or any other environmental impact, including the pumping of polluted or extraneous water, for a prescribed period after issuing a closure certificate.

[Section 24R(2) amended by section 8(b) of Act No. 25 of 2014]

 

(3) Every holder, holder of an old order right or owner of works must plan, manage and implement such procedures and requirements in respect of the closure of a mine as may be prescribed.

 

(4) The Minister may, in consultation with the Minister responsible for mineral resources and by notice in the Gazette, identify areas where mines are interconnected or their impacts are integrated to such an extent that the interconnection results in a cumulative impact.

 

(5) The Minister may, by notice in the Gazette, publish strategies in order to facilitate mine closure where mines are interconnected, have an integrated impact or pose a cumulative impact.