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

Regulations

Financial Provisioning Regulations, 2015

Appendices

Appendix 3

3. Content of the annual rehabilitation plan

 

The annual rehabilitation plan will be relevant for a period of 1 year, after which the plan will be updated by the holder of a right or permit to reflect progress relating to rehabilitation and remediation activities in the preceding 12 months and to establish a plan, schedule and budget for the forthcoming 12 months. The annual rehabilitation plan must contain information that defines concurrent rehabilitation and remediation activities for the forthcoming 12 months and how these relate to the operations’ closure vision, as detailed in the final rehabilitation, decommissioning and mine closure plan, must indicate what closure objectives and criteria are being achieved through the implementation of the plan, must be measurable and auditable and must include─

(a) details of the─
(i) person or persons that prepared the plan;
(ii) professional registrations and experience of the person or persons;
(iii) timeframes of implementation of the current, and review of the previous rehabilitation activities;
(b) the pertinent environmental and project context relating directly to the planned annual rehabilitation and remediation activity;
(c) results of monitoring of risks identified in the final rehabilitation, decommissioning and mine closure plan with a view to informing rehabilitation and remediation activities;
(d) an identification of shortcomings experienced in the preceding 12 months;
(e) details of the planned annual rehabilitation and remediation activities or measures for the forthcoming 12 months, including those which will address the shortcomings contemplated in (d) above or which were identified from monitoring in the preceding 12 months, and including─
(i) if no areas are available for annual rehabilitation and remediation concurrent with mining, an indication to that effect and motivation why no annual rehabilitation or remediation can be undertaken;
(ii) where areas are available for annual rehabilitation and remediation concurrent with mining, annual rehabilitation and remediation activities related to previous disturbance or expected planned impacts and disturbance, as per the mine works programme, in the period under consideration, which should be tabulated and must indicate, but not necessarily be limited to,--
(aa) nature or type of activity and associated infrastructure;
(bb) planned remaining life of the activity under consideration;
(cc) area already disturbed or planned to be disturbed in the period of review;
(dd) percentage of the already disturbed or planned to be disturbed area available for concurrent rehabilitation and remediation activities;
(ee) percentage of the already disturbed or planned to be disturbed area available as per (dd) and on which concurrent rehabilitation and remediation can be undertaken;
(ff) notes to indicate why total available or planned to be available area differs from area already disturbed or planned to be disturbed;
(gg) notes to indicate why concurrent rehabilitation will not be undertaken on the full available or planned to be available area;
(hh) details of rehabilitation activity planned on this area for the period of review;
(ii) the pertinent closure objectives and performance targets that will be addressed in the forthcoming year, which objectives and targets are aligned to the final rehabilitation, decommissioning and mine closure plan;
(jj) description of the relevant closure design criteria adopted in the annual rehabilitation and remediation activities and the expected final land use once all rehabilitation and remediation activities are complete for the activity or aspect; and
(iii) a site plan indicating at least the total area disturbed, area available for rehabilitation and remediation and the area to be rehabilitated or remediated per aspect or activity;
(f) a review of the previous year’s annual rehabilitation and remediation activities, indicating a comparison between activities planned in the previous year’s annual rehabilitation and remediation plan and actual rehabilitation and remediation implemented, which should be tabulated and as a minimum contain─
(aa) area planned to be rehabilitated and remediated during the plan under review;
(bb) actual area rehabilitation or remediated; and
(cc) if the variance between planned and actual exceeds 15%, motivation indicating reasons for the inability to rehabilitate or remediate the full area; and
(g) costing, including─
(i) an explanation of the closure cost methodology;
(ii) auditable calculations of costs per activity or infrastructure;
(iii) cost assumptions; and
(iv) monitoring and maintenance costs likely to be incurred both during the period of the annual rehabilitation plan and those that will extend past the period of the final rehabilitation, decommissioning and mine closure plan, on condition that the monitoring and maintenance costs included in previous annual rehabilitation plans must be accumulated into subsequent versions of the annual rehabilitation plan until such time as the monitoring and maintenance obligation is discharged.