Minister Barbara Creecy grants further extension to holders of Mineral and Petroleum Resources Development Act rights and permits to comply with Financial Provisioning Regulations

The Minister of Forestry, Fisheries and the Environment, Ms Barbara Creecy, has granted a further extension to holders of rights and permits, obtained under the Mineral and Petroleum Resources Development Act, 2002 (MPRDA), who applied for such rights and permits before 20 November 2015, to comply with the Financial Provisioning Regulations, 2015.

The compliance date is extended to a date to be published in the Government Gazette, which would be a date after the finalisation of the amendments to the Financial Provisioning Regulations, 2015. Any holder to whom this extension applies must, in the interim comply with the provisions and arrangments regarding financial provisioning approved as part of the right or permit issued in terms of the MPRDA.

The extension is necessary as the proposed amendments to the Financial Provisioning Regulations, 2015, are yet to be finalised. Comments received from stakeholders on the August 2020 version of the proposed amendments identified that the three plan calculaition methodology proposed was unnecessarily complicated for low risk operations. In order to address this concern, the Department of Forestry, Fisheries and the Enviornment embarked on a process to identify a simplified methodology to determine the financial provison requirements for operations related to low risk commodities. The methodology has just been finalized and consultation on the methodology and the documents which support the methodology will commence shortly. This simplified calculation methodology must be finalized before the amendments to the Financial Provisioning Regulaitons, 2015 can be concluded.

Enquiries related to the notice can be directed to:
Dr D Fischer 
E-mail: dfischer@dffe.gov.za

To access the government notice, click here: National Environmental Management Act (107/1998): Amendment of the transitional arrangements in the Financial Provisioning Regulations, 2015 [G 50059 – GoN 4296]

For media queries contact
Mr Peter Mbelengwa
Cell: 082 611 8197

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